Errors in self-employed contracts

Contracts with self-employed tax officials may be considered labour due to language.

Position

A counterparty for you is always a contractor or contractor, even if he is an individual. He is obliged to fulfill your order, and must not constantly practice any function. Therefore, the executor cannot have the position of accountant, manager, courier, etc. If in the documents on the transaction to call the performer on functionality, it will become an argument to reclassify the contract in labor, and therefore, to put you a fine, to accrue NDFL and insurance contributions, as well as penalties on them.

Rights and Duties as Employee

The Contractor under the civil contract is not entitled to claim guarantees under the JI. Since the company promises leave with payment, benefits, daily subsistence allowance on a business trip, it means that the relationship is recognized as labor.

The Contractor shall not comply with the operating conditions of the Company. It is dangerous to limit the time of his daily work to your schedule. The Contractor is obliged only to hand over the result within a certain period of time (art. 708 of the Civil Code).

The risk of re-qualification arises if you have ordered work that requires a permanent presence in the office.

Long contract

Contractors are hired to complete the task. If the same task “physics” is assigned repeatedly, it is similar to a work function.

You are at risk if the nature of the work does not change, the reward is issued periodically and it does not depend on the scope of the work.