Sample civil contract with a cleaner. Cleaning contract. Employee remuneration conditions

EMPLOYMENT CONTRACT WITH A HOUSEWORKER

Moscow "___"______________20__

(Full name)__________________________________________________________________________, hereinafter referred to as the “Employer”, on the one hand, and (Full name) _______________________

Hereinafter referred to as "Employee", on the other hand, have entered into this agreement as follows:

1. Subject of the agreement

1.1. Under this agreement, the Employer undertakes to provide the Employee with a job as a housekeeper, to provide working conditions provided for by law Russian Federation, timely and in in full pay the Employee wages, and the Employee undertakes to personally fulfill his duties specified in this agreement and comply with other terms of the agreement.

1.2. In order to verify the Employee’s suitability for the work assigned, the Employee is given a probationary period of ____ months (no more than three months, and when concluding an employment contract for a period of two to six months, no more than two weeks. When hiring for a period of up to two months, a probationary period is not established for employees) .

1.3. The contract period is from "___"__________20__ to "___"__________20__.

1.4. The contract is a contract for the main place of work.

2. Rights and obligations of the employee

2.1. The employee has the right:

2.1.1. Require the Employer to comply with the terms of this agreement and the labor legislation of the Russian Federation.

2.2. The employee is obliged:

2.2.1. Do not disclose confidential information obtained during your work.

2.2.2. Bear financial responsibility for the life and health of family members and the safety of the Employer’s property;

2.2.3. Follow the orders of the Employer.

2.2.4. Conscientiously perform the following duties:

Dry and wet cleaning of an apartment/house (care of various surfaces - parquet, laminate, tiles, natural/artificial stone, metal, polished surfaces, glass and mirrors, etc.);

Washing windows, balconies/loggias;

Care of cabinet and upholstered furniture and office equipment;

Carpet cleaning;

Washing dishes by hand/machine;

Plumbing cleaning;

Change of bed linen;

Machine/hand wash of bed linen and clothes;

Ironing bed linen and clothes;

Shoe care;

Putting personal belongings in order at the request of the employer;

Garbage removal;

Purchase of household chemicals and equipment to perform the work (with the provision of cash and sales receipts);

Caring for indoor plants in accordance with the instructions of the employer;

Walking and cleaning for pets;

Compliance with safety regulations and careful handling of client property.

2.2.5. Have a neat and tidy appearance

2.2.6. Don't have bad habits: smoking, drinking alcohol, drugs.

2.2.7. Undergo periodic medical examinations according to the time limits prescribed by the medical commission.

2.2.8. Report any changes in your health to avoid infecting your child, as well as other negative consequences.

2.2.9. The Employee is obliged to notify the Employer no later than 14 calendar days about

inability to perform their official duties.

3. Rights and obligations of the employer

3.1. The employer has the right:

3.1.1. Require the employee to conscientiously fulfill his obligations under this agreement.

3.1.2. At any time, check the manner in which the Employee performs his duties.

3.1.3. Terminate the contract with the Employee at any time by notifying him 2 weeks in advance.

3.2. The employer is obliged:

3.2.1. Provide the Employee with working conditions.

3.2.2. Timely and in full pay the Employee the wages due to him.

3.2.3. In case of urgent (less than 1 month) dismissal, the Employer is obliged to pay the Employee a two-week severance pay (at the rate of 50% of the monthly salary). wages employee).

3.2.4. Pay the Employee ______% of the salary (reserving the Employee for himself in the future), if the Employee is forced not to work due to the temporary absence of the Employer.

3.2.5. If the Employee is employed more than 5 hours per day, the Employer provides him with food at least once a day.

3.2.6. The Employer is obliged to notify the Employee no later than 30 calendar days in advance about

expected changes in work schedule and salary.

3.2.7. If changes in the work schedule entail a decrease in the Employee’s employment and, as a result, a reduction in wages by more than 10%, the Employee has the right to unilaterally terminate (both verbally and in writing) the employment contract.

4. Work and rest schedule

4.1. The employee is given ____________ daily pay working week lasting ____ (__________________________) hours. Weekends are ___________________________________. Weekends may change by agreement of the parties.

4.2. Working hours: from ______ to ______ hours. Break for meals and rest: from ______ to ________.

4.3. The employee is granted annual leave of 28 calendar days. Leave may be granted for a longer period by agreement with the Employer.

4.4. The employee is provided with compensation for unused vacation.

5. Payment procedure

5.1. The Employer is obliged to pay the Employee for the work at the rate of ______ rubles per hour. Wages are paid ___ times a month, taking into account the actual time worked.

5.2. The Employer keeps records of actual time worked, reflecting it in the time worked log, where the Employee makes the appropriate notes.

6. Responsibility of the parties

6.1. In case of failure to fulfill or improper performance of their obligations under this agreement, the parties bear material, disciplinary and other liability in accordance with the current legislation of the Russian Federation.

7. Guarantees and compensation

7.1. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation.

8. Change and termination of the employment contract

9.1. The employer has the right to change the terms of the contract at any time by notifying the employee in writing at least 14 calendar days in advance.

9.2. In addition to the grounds provided for by the Labor Code of the Russian Federation, an employment contract may be terminated on the following grounds:

Identification of the negative impact of the Employee’s actions and behavior on the child;

Causing harm by the Employee through his actions (inaction) to a child, regardless of whether the Employee is at fault;

- ___________________________________________________________________________.

10. Final provisions

10.1. This agreement is drawn up in two copies, one for each of the parties, and includes _______ sheets.

10.2. Terms of this employment contract are legally binding on the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

10.3. Disputes between the parties arising during the execution of an employment contract, if it is impossible to resolve them, are referred to the court according to the rules of the current legislation of the Russian Federation.

11. Passport details and signatures of the parties

Employer: Employee:

(Full name)__________________________ (Full name)__________________________

passport series _______ N ___________, passport series _______ N ___________,

issued___________________________ issued___________________________

(indicated by whom and when issued) (indicated by whom and when issued)

registered at: _________ registered at: _________

_________________________________ _________________________________

(registration address is indicated) (registration address is indicated)

(signature)__________\______________\ (signature)__________\______________\

(transcript) (transcript)

Moscow "___" ___________201__

Citizen(s) __________________________________________________________, hereinafter referred to as “CUSTOMER” and citizen(s) _____________________________________________________, hereinafter referred to as “CONTRACTOR”, have entered into this agreement as follows:

1. Subject of the contract with the housekeeper

1.1 According to this agreement, the CONTRACTOR undertakes to provide the services of a Housekeeping Assistant (housekeeper).
1.2 Services are provided at the address:__________________________________________________________
1.3 The CONTRACTOR’s work under this agreement is carried out in normal conditions. The CONTRACTOR's labor duties are not related to the performance of heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special conditions labor.
1.4 THE CONTRACTOR reports directly to the CUSTOMER.

2. Duration of the contract

2.1 The CONTRACTOR must begin to perform his duties from “____” __________201 _g.
2.2 This Agreement is concluded for a period of __________________________ (indefinite).
2.3 Test period 1 month. During the test period if the CONTRACTOR fails to comply labor responsibilities The CUSTOMER has the right to terminate the contract unilaterally.

3. Payment for housekeeper services

3.1 The CUSTOMER undertakes to pay for services performed in the amount of:
a) hourly rate _______________ (___________________________) rub./hour;
b) amount for cleaning _________________ (___________________________) rub.
3.2 Payment for services is made: monthly on _______ and ________ days of each month or weekly on ___________________________________________, in cash.
3.3 In the event of illness of the CONTRACTOR, he is provided with rest for the period of illness without pay (or with payment of _______% of the amount of payment for the services specified in clause 3.1). Sick leave for more than 5 days is a reason for termination of the contract.

4. Working time and rest schedule

4.1 The CONTRACTOR is assigned a _________-day working week, from _______ to _______ hours,
weekend ___________________________________ . The CONTRACTOR has the right to do lunch break at the workplace _______ min. per day.
4.2 After 11 months of work, the CONTRACTOR may be granted a vacation, the duration of which is negotiated, with payment in the amount of ______% of the amount of payment for services for the month (at an hourly rate, the amount is taken as the arithmetic average for the month).

5. Responsibilities and rights of the housekeeper (CONTRACTOR)

5.1 THE CONTRACTOR is responsible for the safety material property for the period of working hours; for the quality and timely completion of assigned work.
5.2 The CONTRACTOR is obliged not to disclose information that becomes known in the performance of his work functions and that constitutes commercial or family secret CUSTOMER.
5.3 Inform the CUSTOMER in a timely manner (no later than 1 working day) about not going to work for any reason, informing this information by phone to the CUSTOMER.
5.4 To undergo medical examinations in a timely manner, namely: once a year to undergo a fluorographic examination, once every six months to take a blood test for HIV infection, RW and take a bacterial test.

5.5 The CONTRACTOR is obliged to conscientiously fulfill the following duties (check as appropriate):
Clean up:

an apartment at the address ______________________________, with an area of _______ sq. m., or a country house at the address ______________________________, with an area of ________ sq. m.;
seasonal window cleaning;
General cleaning _______ times a year (quarter)
ironing;
flower care;
furniture care;
performing small errands (purchasing groceries, paying bills, caring for clothes and shoes, laundry, dry cleaning, etc.);
immediately report all situations that pose a threat to the safety of the CUSTOMER’s property by the following telephone numbers: ________________________________________________________________________________________________________________________________________________

5.6 Cleaning of the premises is carried out in the presence (absence) of the owner (underline as necessary)
5.7 The employee was given a set of keys to the premises in the number of _______ pieces.
5.8 The CONTRACTOR is prohibited from:
. discuss with anyone the internal structure of the CUSTOMER’s family, the contents of the apartment, disseminate personal information, and also open doors (intercom doors) to unauthorized persons, without the consent of the CUSTOMER.
5.9 THE CONTRACTOR has the right:

provide your services in accordance with the terms of this agreement;
receive payment in a timely manner and in full for services provided under this agreement;
refuse to perform services for this Agreement by notifying the employer at least 2 weeks before termination of the Agreement;
protect your rights, freedoms and legitimate interests by all means not prohibited by law.

6. Responsibilities and rights of the CUSTOMER

6.1 The CUSTOMER is obliged:

The CUSTOMER is obliged to organize the work of the CONTRACTOR, create conditions for safe work, advise on application possibilities household appliances;
timely pay the contractual payment for services;
provide the CONTRACTOR with equipment, documentation and other means necessary to perform his labor functions.
maintain tactful relations with the CONTRACTOR. Controversial issues decide on the fly.
ensure the safety of the CONTRACTOR’s personal data.
comply with the CONTRACTOR's working hours and rest hours, his interests and rights established by labor legislation.
if the CONTRACTOR works for the CUSTOMER for more than 5 hours a day, the CUSTOMER provides the CONTRACTOR with simple food: bread, sandwiches with sausage or cheese, sausages, eggs, tea or coffee, sugar, butter, vegetables, etc. (or individually by agreement of the parties) .

6.2 The CUSTOMER has the right:

require the CONTRACTOR to fulfill the obligations specified in this agreement and to take care of the CUSTOMER’s property;
request from the CONTRACTOR a report on the performance of the labor function and a report on the results of his labor activity;
in the manner prescribed current legislation, recover from the CONTRACTOR the damage caused material damage, exercise other rights of the CUSTOMER provided for by law RF in relation to the CONTRACTOR;
refuse the services of the CONTRACTOR, warning him at least 2 weeks in advance.

7. Dispute resolution procedure 7.1 All disputes or disagreements arising between the parties under this agreement or in connection with it shall be resolved through negotiations between the parties, or will be considered in accordance with the Legislation of the Russian Federation.
7.2 The Agreement is drawn up in two copies having equal legal force. All changes and additions to the Agreement are valid only if they are made in writing and signed by authorized representatives of both Parties.

8. Addresses and signatures of the parties

CUSTOMER: CONTRACTOR:
Full name _____________________________________ Full name _____________________________________
Passport_________________________________ Passport_________________________________
__________________________________________ ________________________________________
Registered_________________________________ Registered_________________________________
Lives________________________________ Lives________________________________
Telephone________________________________ Telephone_________________________________
Signature_________________________________ Signature_________________________________

We want to hire a cleaning lady GPC agreement, could you send a sample contract.

Answer

Answer to the question:

An organization can enter into a civil contract with a citizen legal contract for execution individual works or provision of services. As a rule, civil law contracts are concluded for the fulfillment one-time works , for which it is inappropriate to hire an employee under an employment contract. Those. in your case, this is not just systematic daily cleaning of premises, but, for example, washing windows or comprehensive cleaning of premises. Such agreements are governed by civil law. They cannot be used to register full-time employees who will perform a specific job function and obey the rules labor regulations(Article 11 of the Labor Code of the Russian Federation, Part 2 of Article 15 of the Labor Code of the Russian Federation).

It should be borne in mind that in the event of an unlawful conclusion of a civil contract that actually regulates labor relations between an employee and an employer, such relations may exist (Article 19.1 of the Labor Code of the Russian Federation, Parts 4 and 5 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

For more information about this, see below in the text.

Sample agreement:

SERVICE AGREEMENT No. 12-U

Moscow	04.08.2017

Alpha LLC, hereinafter referred to as the “Customer”, represented by director Lvov Alexander
Vladimirovich, acting on the basis of the Charter, on the one hand, and Alla Glebov
Stepanovna, hereinafter referred to as the “Executor”, on the other hand, concluded
this Agreement as follows.

1. SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, on the instructions of the Customer, to provide the services (hereinafter referred to as the Services) specified in
clause 1.2 of this Agreement, and the Customer undertakes to pay for these Services.

1.2. The Contractor undertakes to provide comprehensive cleaning services for the premises specified in Appendix 1 to this agreement. Cleaning of premises should be carried out at least once a day

1.4. Services are considered provided after the Customer signs the acceptance certificate for services.
or his authorized representative.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The performer is obliged:

– provide Services of appropriate quality;

– provide the Services in full within the period specified in clause 1.3 of this Agreement;

– correct free of charge, at the Customer’s request, all identified deficiencies, if
In the process of providing the Services, the Contractor made a deviation from the terms of the Agreement, which worsened the quality of the Services.

2.2. The performer has the right:

– perform the Services ahead of schedule;

– demand timely and full payment for the Services provided.

2.3. The customer is obliged:

– provide the Contractor with the materials necessary for the work;

– pay for the Services at the price specified in clause 3.1 of this Agreement within five days
from the moment of signing the acceptance certificate for the completed Services.

2.4. The customer has the right:

– check the quality of the Services performed by the Contractor without interfering with its activities;

- refuse to fulfill the contract paid provision services subject to payment
The contractor actually incurred expenses.

3. CONTRACT PRICE AND PAYMENT PROCEDURE

3.1. The price of this agreement for the provision of services (clauses 1.2., 1.3 of this agreement) is 5000 (Five thousand) rubles.

3.2. The amount specified in clause 3.1 of this Agreement is paid by the Customer by
transfer of funds to the Contractor's bank account.

4. RESPONSIBILITY OF THE PARTIES

4.1. For violation of the terms of this Agreement, the parties are liable in accordance with
with the norms of civil legislation of the Russian Federation.

5. DISPUTE RESOLUTION PROCEDURE

5.1. Disputes and disagreements that may arise during the execution of this agreement,
will, whenever possible, be resolved through negotiations between the parties.

5.2. If these disputes cannot be resolved through negotiations, they are subject to
permission in judicial procedure in accordance with the current legislation of the Russian Federation.

6. FINAL PROVISIONS

6.1. Any changes and additions to this Agreement are valid only if
that they are made in writing and signed by authorized representatives
sides The appendices to this Agreement are an integral part of it.

6.2. This Agreement has been drawn up in two copies. Both copies have equal
legal force. Each party has one copy of this Agreement.

7. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

Details in the materials of the Personnel System:

1. Answer:How to conclude civil contract(contract) with an individual

Cases of concluding a GPA

In what cases is it advisable to enter into a civil contract?

An organization can enter into both an employment and civil law contract with a citizen for the performance of certain works or the provision of services. As a rule, civil law contracts are concluded for the performance of one-time work, for which it is inappropriate to hire an employee under an employment contract. This is, for example, office renovation, department computerization, translation of foreign documentation, etc. Such agreements are regulated by civil law. They cannot be used to register full-time employees who will perform a specific job function and obey labor regulations (Article 11 of the Labor Code of the Russian Federation, Part 2 of Article 15 of the Labor Code of the Russian Federation).

In some cases, an organization must notify of the conclusion of a civil contract with a former state or municipal employee of his former employer. And in some cases, it is possible to conclude a civil contract with such a person only with the consent of a special commission. For more information, see:

Attention: in the event of an unlawful conclusion of a civil contract that actually regulates labor relations between an employee and an employer, such relations may exist (Article 19.1 of the Labor Code of the Russian Federation, Parts 4 and 5 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Fines are imposed in the following amounts:
from 10,000 to 20,000 rub. – for officials of the organization, for example its general director;
from 5,000 to 10,000 rubles. – for entrepreneurs;
from 50,000 to 100,000 rub. – for organizations.
For repeat violation the following sanctions are provided:
for a period of one to three years - for officials of the organization, for example its head;
fine from 30,000 to 40,000 rubles. – for entrepreneurs;
fine from 100,000 to 200,000 rubles. – for organizations.
All this is provided for in parts 4 and 5 of Article 5.27 of the RF Code on administrative offenses.

Question from practice: what documents must a citizen submit to conclude a civil contract?

An organization can enter into a contract with a citizen for both labor and for the performance of individual work or provision of services. Such agreements are regulated by civil law. To conclude a civil contract, a citizen must submit the same documents as for the conclusion.

So, when drawing up a civil contract, request the following documents:

passport or other identity document;
a document on education, qualifications or special knowledge, if performing work under a civil contract requires special knowledge or special training.

If the performer is, in addition to the above documents, he must submit, depending on his status.

Question from practice: should a government (budgetary) institution, when concluding civil contracts for the performance of work (provision of services) with citizens, be guided by the provisions of the law on contract system

Yes, it should. An exception is possible only for budgetary institutions subject to certain conditions.

Law No. 44-FZ of April 5, 2013 regulates relations related to carrying out activities for state (municipal) needs and the needs of budgetary institutions. Institutions conclude agreements with citizens precisely for these needs. Therefore, they are obliged to comply with the provisions of this law. This conclusion is also confirmed by paragraph 4 of Article 3 of the Law of April 5, 2013 No. 44-FZ, which states that a procurement participant is, among other things, any individual.

From of this rule there is an exception. A budgetary institution must not comply with the provisions of the law on the contract system if the following conditions are simultaneously met:

payment for work (services) under the contract is provided for at the expense of income from other income-generating activities;
The institution decided to carry out procurement using funds from such activities in the manner established by the Law of July 18, 2011 No. 223-FZ (Part 2 of Article 15 of the Law of April 5, 2013 No. 44-FZ).

Question from practice: is it possible to conclude a civil contract with a person related to the performance of work (provision of services). The organization's staffing table includes: vacant position, which implies performing similar functions

Yes, it is possible, if in fact such an agreement does not regulate labor relations.

The Civil Code of the Russian Federation establishes freedom of contract. This means that:

the parties can enter into any agreement that does not contradict the law;
forced conclusion of contracts is prohibited;
The parties independently determine the content of the agreement.

This is stated in article 421 Civil Code RF.

The Labor Code of the Russian Federation regulates only labor relations (Article 9 of the Labor Code of the Russian Federation). When concluding a civil contract, labor relations do not arise between the parties. Accepted employee is not included in the staff. Consequently, even if an organization has a vacant position provided for in the staffing table, it can conclude a civil contract with a citizen for the performance of work (provision of services). The courts take a similar position (see, for example, the resolution of the Federal Antimonopoly Service of the Moscow District dated January 18, 2013 No. A40-32442/12-129-151, the definition of Sverdlovsky regional court dated September 5, 2013 No. 33-10804/2013).

This conclusion is fully consistent with the position Constitutional Court RF, which is reflected in the determination of May 19, 2009 No. 597-О-О. From paragraph 2.1 of this document, in particular, it follows that the organization providing the work and the citizen applying for the job, by mutual agreement, can choose any contractual legal form of relationship that does not contradict their mutual interests.

However, if it is subsequently established that a civil contract actually regulates labor relations, then such an agreement may exist (Part 4 of Article 11, Article 19.1 of the Labor Code of the Russian Federation, Part 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Question from practice: is it possible for an employee who is on sick leave to be involved in work under a contract during the period of illness?

Yes, you can, under the following conditions:

the employee’s health condition allows him to perform work under a civil contract;
The relations governed by a civil contract for the period of illness are not labor relations.

It is impossible to attract an employee to work under an employment contract during a period of temporary incapacity for work at the initiative of the employer. The legislation does not provide such a right and does not contain the possibility of partial payment of sick leave. IN otherwise the employer may be involved in (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

At the same time, the legislation does not contain a prohibition on intercourse with an employee on sick leave. The terms of such an agreement are determined at the discretion of the parties.

Thus, the mere fact of an employee’s illness is not an obstacle to concluding a civil contract with him, including for certain types of work that the employee usually performed within the framework of labor relations. In addition, in in this case Difficulties may arise with reimbursement of benefits sick leave at the expense of the Federal Social Insurance Fund of Russia, if it is established that the employee performed his usual work duties during illness.

Question from practice: is it possible for an employee on annual leave to be involved in work under a civil law contract?

Yes, you can.

Formally, the Labor and Civil Codes of the Russian Federation do not establish a ban on hiring employees who are on annual leave to work under a civil contract. Since vacation time is one of the types of rest time, the employee has the right to use it at his own discretion, including to perform certain works or provide certain services under a civil contract (Article 106 of the Labor Code of the Russian Federation).

At the same time, it is important that the terms of the civil law contract do not contain, and the relations developing within it do not replace the usual labor activity employee. If it is subsequently established that a civil contract actually regulated labor relations, then such an agreement may exist (Article 19.1 of the Labor Code of the Russian Federation, Part 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Question from practice: is it possible to conclude a contract with a minor?

Yes, you can if the minor is over 14 years old.

Employer and minor citizen at the age of 14 to 18 years has the right to enter into a civil contract (contract agreement). Moreover, to conclude such an agreement, the consent of the legal representatives of the minor - parents, adoptive parents or trustees is required. This is stated in Article 26 of the Civil Code of the Russian Federation.

When registering civil law relations there is no need to comply with labor legislation. In particular, send a minor to medical examination, as required by Articles 213 and 266 Labor Code of the Russian Federation in relation to employees, it is not necessary (Article 704 of the Civil Code of the Russian Federation).

At the same time, it is important that the terms of the civil contract do not contain, and that the relationships that develop within it do not replace the employee’s normal work activity. If it is subsequently established that a civil contract actually regulated labor relations, then such an agreement may exist (Article 19.1 of the Labor Code of the Russian Federation, Part 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Question from practice: is it possible to conclude a civil contract not with one person, but with a group of persons?

Yes, you can.

Under a civil contract, the contractor is not obliged to fulfill his duties personally and has the right to entrust their performance to other persons, for example, by subcontracting (Articles 313, 706 of the Civil Code of the Russian Federation).

Taking into account specified organization at his own discretion, he has the right to conclude:

one agreement with one citizen who will involve third parties in the performance of duties independently;
separate contracts with several persons (if the work can be divided into several unrelated blocks and accepted in parts);
one simultaneously with several performers, if the subject of the contract (work) is indivisible.

In the latter case, all persons specified in the contract as executors will be liable to the organization for non-fulfillment or improper execution obligations under the contract (Article 322 of the Civil Code of the Russian Federation).

Types of civil contracts

What types of civil contracts exist

Civil contracts for the performance of work (provision of services), in particular, include:

construction agreement (Article 702 of the Civil Code of the Russian Federation);
contract for paid services (Article 779 of the Civil Code of the Russian Federation);
contract of carriage (Article 784 of the Civil Code of the Russian Federation);
transport expedition agreement (Article 801 of the Civil Code of the Russian Federation);
storage agreement (Article 886 of the Civil Code of the Russian Federation);
contract of agency (Article 971 of the Civil Code of the Russian Federation);
commission agreement (Article 990 of the Civil Code of the Russian Federation);
agreement trust management property (Article 1012 of the Civil Code of the Russian Federation);
agency agreement(Article 1005 of the Civil Code of the Russian Federation).

Keep in mind that you can conclude an agreement either provided for or not provided for by civil legislation (clause 2 of Article 421 of the Civil Code of the Russian Federation). Therefore, this group of civil law contracts may include other agreements with citizens, the subject of which is the performance of work (provision of services).

Question from practice: which maximum term it is possible to conclude a civil contract

Unlike labor relations, where employment contracts general rule are issued for an indefinite period, cases of registration of fixed-term relationships are strictly limited by law, and the maximum limit for fixed-term relationships is established: no more than five years, civil law relations are built exclusively on a contractual basis based on the mutual interests of the customer and the contractor.

Also, the term of a civil contract depends on: contract, commission, paid services, etc., that is, it is determined based on the nature of the contractual relationship.

For example, when concluding a contract for the provision of services, the customer is usually interested in the speedy completion of work or provision of services. Therefore, in practice, such contracts are fixed-term, and the duration of the term is determined based on the actual circumstances and the real ability of the contractor to fulfill the obligations under the contract within a given period. The parties fix the specific period in the contract, while its maximum limit is not limited by law and can range from several days to tens of years. This is indicated by the provisions of Part 1 of Article 708 and Part 1 of Article 781 of the Civil Code of the Russian Federation - in relation to work and service contracts, respectively.

At the same time, other types of agreements, in particular, a commission agreement or an agency agreement, by agreement of the parties, based on mutual interests, can be concluded either with or without a deadline. This approach is clearly stated in Part 2 of Article 990 and Part 3 of Article 1005 of the Civil Code of the Russian Federation.

Question from practice: what are the differences between a contract and a contract for paid services?

A work contract and a contract for the provision of paid services differ on the following grounds.

Subject of the agreement. The subject of the contract is the receipt of a certain result materialized by the parties (Article 702 of the Civil Code of the Russian Federation). The subject of a contract for the provision of services for a fee is the commission of an action or the implementation of an activity that does not have a tangible result (Article 779 of the Civil Code of the Russian Federation).
Executor. Under a work contract, the contractor has the right to involve other persons in the performance of his obligations (Article 706 of the Civil Code of the Russian Federation). Under a contract for the provision of services for a fee, the contractor is obliged to provide services personally (Article 780 of the Civil Code of the Russian Federation).
Deadlines. The work contract specifies the start and end dates for the work. By agreement between the parties, the contract may also stipulate deadlines for completing individual stages of work (Article 708 of the Civil Code of the Russian Federation). In a contract for the provision of services for a fee, it is not always possible to provide for a specific period, although for individual species services, the law directly states that setting deadlines is necessary (Article 781 of the Civil Code of the Russian Federation). So, for example, paragraph 13 of the Rules, approved by Decree of the Government of the Russian Federation of November 20, 2003 No. 703, establishes that the provision of services for the use of infrastructure railway transport public use provides for an indication in the contract of the period for the provision of these services.
Right of refusal. Under a work contract, the customer may, at any time before delivery of the work result to the contractor, refuse to fulfill the work contract by paying the contractor part of the established price in proportion to the part of the work (Article 717 of the Civil Code of the Russian Federation). Under a contract for the provision of paid services, both parties (both the customer and the contractor) have the right to declare their refusal to fulfill the contract, subject to payment to the contractor for the expenses actually incurred by him (Article 782 of the Civil Code of the Russian Federation).
Consequences of refusal to fulfill the contract. Under a work contract, the customer must pay part of the established price in proportion to the part of the work performed before receiving notice of the customer’s refusal to perform the contract, as well as compensate for losses caused by termination of the contract, within the difference between the price determined for the entire work and part of the price paid for all work (Article 717 of the Civil Code of the Russian Federation). Under a contract for the provision of paid services, the customer who has rejected the contract must pay the contractor all expenses incurred by him, and the contractor who has rejected the contract must compensate the customer for losses in full (Article 782 of the Civil Code of the Russian Federation).
Payment for services. Under a work contract, the customer is obliged to pay the agreed price only after the final delivery of the work results, if advance payment for the work performed or its individual stages is not provided for by the contract (Article 711 of the Civil Code of the Russian Federation). In a contract for the provision of paid services, the customer is obliged to pay for the services provided to him within the time frame and in the manner established in the contract (Article 781 of the Civil Code of the Russian Federation).

Differences between a civil law contract and an employment contract

How does a civil contract differ from an employment contract?

When concluding a civil law contract, it is necessary to take into account a number of features.

1. Labor relations presuppose that an employee performs work in a certain specialty, qualification or position (Article 15 of the Labor Code of the Russian Federation). The work is performed throughout the entire duration of the employment contract. Unlike an employment contract, what is important for a civil agreement is not the process of work, but its result, which the performer is obliged to deliver to the organization. As a rule, if the work (services) is completed and accepted, then the person’s obligations to the organization regarding them cease (clause 1 of Article 408 of the Civil Code of the Russian Federation). The presence of such a criterion, which distinguishes an employment contract from a civil law one, is confirmed by arbitration practice(see, for example, paragraph 2.2 of the ruling of the Constitutional Court of the Russian Federation of May 19, 2009 No. 597-О-О, appeal rulings Supreme Court Komi Republic dated February 6, 2014 No. 33-515/2014, Irkutsk Regional Court dated July 26, 2013 No. 33-6047/13, resolution of the Federal Antimonopoly Service of the North-Western District dated November 24, 2008 No. A42-7515/2007, East Siberian District dated August 27, 2008 No. A19-17965/07-20-F02-4147/08, dated April 24, 2008 No. A33-8071/07-F02-1640/08, dated November 15, 2007 No. А33-11278/06-Ф02-8537/07, Ural district dated August 18, 2008 No. Ф09-5783/08-С2, Volga-Vyatka District dated March 3, 2008 No. A31-1340/2007-15, Moscow District dated November 26, 2007 No. KA-A40/11940-07 , dated September 28, 2006 No. KA-A40/7292-06, West Siberian District dated May 7, 2007 No. F04-2632/2007(33808-A70-25).

Advice: in a civil contract for the performance of work (provision of services), specify the scope of work to be performed. For example, do not write that a person is hired as a driver, indicate only his task: delivering cargo along a set route.

In a civil contract, do not indicate that the citizen has been invited to a certain position. Any links to staffing table, tariff and qualification characteristics of work for a specific profession and specialty of an employee may be the basis for recognizing such an employment contract (see, for example, clause 2.2 of the ruling of the Constitutional Court of the Russian Federation dated May 19, 2009 No. 597-О-О, resolution of the FAS North -Western District dated August 27, 2002 No. A05-4374/02-275/18).

2. A civil contract cannot provide for a person’s obligation to obey Labor Regulations or any other local regulations organization: orders, instructions of the head of the organization (see, for example, letter of the Federal Tax Service of Russia for Moscow dated April 5, 2005 No. 21-08/22742, appellate ruling Irkutsk Regional Court dated July 26, 2013 No. 33-6047/13, resolution of the Federal Antimonopoly Service of the Moscow District dated June 19, 2009 No. KA-A40/5330-09, Northwestern District dated June 17, 2009 No. A26-6637/ 2008, dated November 24, 2008 No. A42-7515/2007, dated November 1, 2008 No. A13-4592/2007, Volga District dated May 7, 2009 No. A55-14163/2008, East Siberian District dated September 3 2008 No. A33-3511/08-F02-4255/08, dated August 27, 2008 No. A19-17965/07-20-F02-4147/08, dated November 15, 2007 No. A33-11278/06- F02-8537/07, Ural District dated August 18, 2008 No. F09-5783/08-S2, Volga-Vyatka District dated July 31, 2008 No. A43-30938/2007-6-1019, dated March 3, 2008 No. A31-1340/2007-15).

3. A civil contract cannot provide for the payment of remuneration for the work of the performer itself. Only a certain result is paid. The organization may not pay for the work of the performer, which did not lead to the achievement of the result established by the civil contract for the performance of work or provision of services (see, for example, the appeal ruling of the Irkutsk Regional Court dated July 26, 2013 No. 33-6047/13, resolution FAS of the Volga-Vyatka District dated July 8, 2009 No. A11-1893/2008-K2-21/93, East Siberian District dated September 3, 2008 No. A33-3511/08-F02-4255/08, dated April 24 2008 No. A33-8071/07-F02-1640/08, dated July 11, 2006 No. A33-19664/05-F02-2961/06-S1, Ural District dated August 18, 2008 No. F09-5783/ 08-C2, North-Western District dated October 10, 2005 No. A13-4118/2005-11).

Advice: do not include a provision for time-based payment for work in a civil contract. Provide for piecework payment, that is, payment for work performed. Otherwise (see, for example, the resolution of the Federal Antimonopoly Service of the East Siberian District dated April 1, 2003 No. A33-2391/02-S3a-F02-792/03-S1).

For example, in a civil contract, do not write that money is paid for 8 hours of work of a citizen. Instead, indicate what specific work (services) he must perform in order to receive a particular amount.

4. Citizens working under civil law contracts are not subject to social guarantees provided for by the Labor Code of the Russian Federation (the right to paid leave, sick pay, etc.) (see, for example, clause 2.2 of the ruling of the Constitutional Court of the Russian Federation dated May 19, 2009 No. 597-О-О, resolution of the FAS Volga District dated January 29, 2009 No. A49-18/08, dated March 18, 2008 No. A55-11216/07, Ural District dated October 6, 2008 No. F09-7106/08-S2, dated August 18, 2008 No. F09 -5783/08-С2, East Siberian District dated September 3, 2008 No. A33-3511/08-F02-4255/08, dated November 15, 2007 No. A33-11278/06-F02-8537/07, Moscow District dated August 28, 2008 No. KA-A40/7019-08, Volga-Vyatka District dated March 3, 2008 No. A31-1340/2007-15).

5. The fact of performance of work (provision of services) under civil contracts must be documented. For example, an act or other document certifying acceptance (see, for example, Resolution of the Federal Antimonopoly Service of the North-Western District dated June 17, 2009 No. A26-6637/2008).

Advice: if the performer receives remuneration regularly, instead of one long-term civil contract, enter into separate monthly contracts or provide for an advance payment system. In a civil contract, do not provide for regular monthly payments. Otherwise (letter of the Ministry of Finance of Russia dated February 11, 2005 No. 03-05-02-04/25).

6. When determining the content of a civil contract, be guided by Chapters 37 and 39 of the Civil Code of the Russian Federation, and not Article 57 of the Labor Code of the Russian Federation. Therefore, do not include the terms in the text of the contract labor law. Instead of the words “employer” and “employee”, use the words “customer” and “performer” or “contractor”. The word “salary” should be replaced by the concept “remuneration”. Don't use terms like " working hours", "rest time", "vacation", etc.

For a comparison of an employment and civil law contract for the performance of work (provision of services) concluded with a citizen, see.

Question from practice: in what cases are relations between a citizen and an organization recognized as labor relations?

IN general case labor relations arise between an employee and an employer on the basis, including as a result of:

election to office;
election by competition to fill the relevant position;

referrals to work against the established quota.
court decision on concluding an employment contract;

Also, labor relations arise on the basis of the actual admission of a newcomer to work with the knowledge or on behalf of the employer or his authorized representative, in cases where the employment contract was not properly executed.

This is stated in Article 16 of the Labor Code of the Russian Federation.

Attention: the actual admission of a newcomer without the knowledge or instructions of the employer or his authorized representative is prohibited (Part 4 of Article 16 of the Labor Code of the Russian Federation).

For violation this requirement the guilty employee may be brought to justice (parts 2 and 5 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Besides administrative responsibility, the guilty employee may be in general procedure brought to justice (Articles 193, 238 of the Labor Code of the Russian Federation).

If the employer or someone authorized by him does not intend to formalize an employment relationship with a newcomer who was allowed to work by an unauthorized employee, then the employer is obliged to pay for the time actually worked by the newcomer or the work performed by him.

Such rules are established in Article 67.1 of the Labor Code of the Russian Federation.

Question from practice: how does the reclassification of a civil law contract into an employment contract take place and what consequences does it have for the employer?

Relations arising on the basis of a civil contract can be recognized as labor relations if they exist (Part 2 of Article 16 of the Labor Code of the Russian Federation).

Such recognition may take place in the following order:

the organization that is the customer under a civil law contract, on the basis of a written application from the individual performer, itself recognizes the relationship as an employment relationship and draws up an employment contract in;
the organization that is the customer under the civil contract, based on the order of the state labor inspector, recognizes the relationship as an employment relationship and draws up an employment contract in . If the organization does not agree with the order, it may not take any action in court and until a court decision is made;
An organization that is a customer under a civil contract, on the basis of a court decision that recognized the relationship as an employment relationship, draws up an employment contract in . In general, both the employee himself and labor inspection in case of disagreement of the organization with the order of the state inspector.

If the relationship under a civil contract has already been terminated, then it can only be recognized as an employment relationship in court. For this purpose the performer the said agreement may go to court in the manner and within the time limits provided for the consideration of individual labor disputes.

If, when a court considers a case on recognition of a labor relationship, irremovable doubts arise, the court interprets them in favor of the existence of an labor relationship.

If the relations arising on the basis of the civil law are recognized as labor relations, it is considered that such relations arose from the date of the actual admission of the contractor to perform duties under the specified contract, that is, from the date of entry into force of the civil contract.

This procedure is enshrined in Article 19.1 of the Labor Code of the Russian Federation.

In addition to the need to conclude an employment contract with the employee and other related documents (employment order, personal card, etc.), the organization will have to recalculate accrued taxes and contributions, since the organization pays less taxes (contributions) from payments under civil law contracts than from remuneration under employment contracts (subclause 7, clause 1, article 31 of the Tax Code of the Russian Federation).

In addition, for concluding a civil contract that actually regulates labor relations, the organization and its officials may be brought to justice (part 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Question from practice: what to do if a court or inspection recognizes a civil contract as an employment contract, and there is no free staffing position for the corresponding position in the staffing table

A court decision or an inspection order establishing the existence of an employment relationship under a civil contract, in the general manner according to the rules of Articles 57 and 67 of the Labor Code of the Russian Federation.

If at the time a civil law contract is recognized as an employment contract, there is no free staff position in the organization’s staffing table for the corresponding position, then this is not a basis for refusing to conclude an employment contract. In such a situation, the employer needs to supplement the staffing table new position or increase the quantity staffing units according to the existing position (section 1 of the instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).

Question from practice: is it possible to send a citizen with whom a civil law contract has been concluded on a business trip?

No, you can't.

Labor legislation does not apply to citizens with whom a civil contract has been concluded (Article 11 of the Labor Code of the Russian Federation). Therefore, their trips related to the execution of concluded contracts are not business trips. This follows from the provisions of Article 166 of the Labor Code of the Russian Federation.

If a person needs to be sent to another location to complete a task, the terms of the trip must be specified in the contract. And most importantly, it must stipulate the procedure for reimbursement of costs associated with such a trip. If the need for a trip cannot be foreseen in advance, the necessary conditions must be included in the contract after it is concluded (Article 450 of the Civil Code of the Russian Federation). Please draw up the additions in the form of a written agreement and attach them to the contract.

Question from practice: is it necessary to issue an order to hire a citizen under a civil law contract?

No, it's not necessary.

Labor legislation does not apply to citizens with whom a civil contract has been concluded (Article 11 of the Labor Code of the Russian Federation). Therefore, the organization does not need:

issue an order for the employment of such citizens;
make entries in their work books;
keep a time sheet for them.

These actions are necessary only if an employment contract has been concluded with the employee (Article 66 of the Labor Code of the Russian Federation, sections 1 and 2 of the instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).

Question from practice: how to fill out the “Signature” details for citizens working under a civil contract

The requirements for the “Signature” detail are established by GOST R 6.30-2003, approved by Resolution of the State Standard of Russia dated March 3, 2003 No. 65-st. The “Signature” detail includes the title of the position of the person who signed the document, personal signature and decoding of the signature, which includes initials and surname (clause 3.22 of GOST R 6.30-2003, approved by Decree of the State Standard of Russia of March 3, 2003 No. 65-st).

Unlike an employment contract, services under a civil contract are not work in a specific specialty, qualification or position (Chapter 37, 39 of the Civil Code of the Russian Federation, Article 15 of the Labor Code of the Russian Federation). Therefore, when preparing documents for an organization, you do not need to indicate the name of the position in the “Signature” detail.

Thus, a citizen working under a civil contract, when signing documents of an organization, must indicate only his last name and initials. Specialists from the financial department take a similar position (letter of the Ministry of Finance of Russia dated September 10, 2013 No. 07-01-06/37273).

Advice: The information in the “Signature” detail, even without indicating the position, should allow the identification of the responsible person who signed the document. To eliminate any doubts about the identification of the responsible person who signed the document only by last name and initials, it is also recommended to indicate the details of the document on the basis of which he has the right to sign. Such a document could be, for example, a power of attorney or a civil contract, which will directly state the right to sign certain documents.

An example of concluding a civil contract for the provision of services with a citizen

A.S. Glebova, chief accountant organization, went on maternity leave. For the time being maternity leave The duties of the chief accountant are performed by cashier A.V. Dezhneva.

During the vacation period, director A.V. Lvov proposed to Glebova to enter into a contract for the provision of management services accounting, reporting and accounting consulting.

The cost of services under the contract is 5,000 rubles.

After Glebova fulfilled all the duties assigned to her, they signed with her.

Question from practice: what risks arise when drawing up an outstaffing agreement?

Such agreements are prohibited by law. Informal outstaffing has been replaced by official activities to provide labor to employees, which can only be carried out in cases limited by law.

Nina Kovyazina,

Deputy Director of the Department medical education and personnel policy in healthcare of the Russian Ministry of Health

With respect and wishes for comfortable work, Alla Khripushina,

HR System expert

Application

CIVIL AGREEMENT No. ___

for the provision of professional cleaning services

and surrounding area

Samara "___"_________ 20__

b. In case of delay in fulfillment by the Customer of the obligations provided for in the Agreement, the Contractor has the right to demand payment of a penalty in the form of a fine. The penalty is accrued for each day of delay in fulfilling obligations, starting from the day following the day of expiration of the deadline for fulfilling the corresponding obligation established by the Agreement. The amount of the penalty is equal to 1/300 (one three hundredth) of the refinancing rate of the Central Bank of the Russian Federation in effect on the day of payment of the penalty.

c. If the Contractor violates its obligations under the Agreement, the Customer has the right to demand payment from the Contractor of a penalty in the form of a penalty in the amount of 0.1% of the Contract price for each day of delay in the proper fulfillment of obligations, as well as compensation for losses.

d. In the event of the Contractor’s refusal and (or) evasion to eliminate deficiencies identified as a result of the services provided within the period established by the Customer’s order, the Customer has the right to demand payment from the Contractor of a penalty in the form of a fine in the amount of 5% of the Contract price, as well as compensation for losses.

e. The penalty provided for in paragraphs. 8.3, 8.4 of the Agreement is of a punitive nature and is subject to recovery in excess of the amount of the Customer’s losses.

f. The penalty provided for in clause 8.2 of the Agreement may be recovered from the Customer within the limits of the Agreement price. In case of violation of obligations, the Customer shall reimburse real damage without compensation for lost profits.

g. The Customer is released from liability under the Agreement in the event of non-fulfillment or improper fulfillment of its obligations, if such non-fulfillment or improper fulfillment is caused by the guilty actions of the Contractor.

9 Procedure for consideration of disputes

a. Disputes arising from or in connection with the Agreement are resolved by the Parties through negotiations, and if no agreement is reached, they are referred to the Arbitration court Samara region.

b. When resolving disputes arising from or in connection with the Agreement, the Parties must comply with claim procedure Necessarily

10 Duration of the contract and procedure for its termination.

a. The Agreement comes into force from the moment it is signed by the Parties and is valid until March 31, 2013, but not before the Parties fulfill their obligations under the Agreement.

b. Early termination The Agreement is permitted by agreement of the Parties or by a court decision on the grounds provided for by the current civil legislation of the Russian Federation.

11 Other conditions.

a. In the event of liquidation of the Contractor or an insolvency (bankruptcy) procedure being carried out against the Contractor, the latter is obliged to notify the Customer in writing about the liquidation or about the holding of an insolvency (bankruptcy) procedure against him no later than 1 (one) business day from the date of the decision to begin carrying out liquidation or introducing bankruptcy proceedings, respectively.

b. In case of suspension of the Contractor's activities in the manner provided for by the Code Russian Federation on administrative offenses, the Contractor is obliged to notify the Customer in writing of the suspension of its activities no later than 1 (one) working day from the date of the decision to suspend the Contractor’s activities.

c. In the event of the start of the Contractor's reorganization, the Contractor is obliged to notify the Customer in writing of the beginning of its reorganization no later than 1 (one) business day from the date of the decision to reorganize the Contractor.

d. In case of a change of name, change of manager, change of legal address and location address (postal address), other details, contact telephone (fax) numbers, the Contractor is obliged to notify the Customer in writing of such changes no later than 1 (one) business day from the date of change.

e. A Party to the Agreement does not have the right to transfer its rights as a creditor under the Agreement without obtaining the written consent of the other Party to the Agreement.

f. Relations between the Parties that are not regulated by the terms of this Agreement are governed by the current legislation of the Russian Federation.

g. The Agreement is drawn up in 2 (two) copies, having equal legal force, in Russian, one copy for each of the Parties.

h. All letters, including statements, notifications, notifications and claims, other written documents exchanged by the Parties during the execution of the Agreement (hereinafter referred to as correspondence), may be sent by the Parties to each other by any means of communication, subject to confirmation that the specified correspondence comes from the Party Agreement.

i. All correspondence related to the execution of the agreement is valid for the Parties to the Agreement if it is executed in accordance with the requirements for documents established by current state standards.

j. All annexes to the Agreement are an integral part of it and are completed at the time of signing the Agreement:

Application - Terms of reference for the provision of services;

12 Addresses and details of the Parties

Customer:

Federal State budgetary institution"Samara Reference Center Federal service on veterinary and phytosanitary supervision"

Legal address: Russia, Samara region, Samara, Novo-Sadovaya st. house 171

Bank details:

settlement account No. in the State Central Bank of the Bank of Russia for the Samara region, Samara

l/s 20426Х98380

From the Customer

Director

_____________________//

(signature) M.P.

Executor:

from the Contractor

____________________(_____________) (signature)M. P.

Appendix 1

to the Civil Contract

budgetary institution

No._______from “___”________20__

“AGREED” “APPROVED”

CONTRACTOR: CUSTOMER:

________________________________ Director

_________________/____________/ ______________//

Terms of reference

1. Requirements for the quality and safety of the Services

1.1. The quality and safety of the provision of Services must comply with the requirements of GOST R “Cleaning Services for Buildings and Structures”.

1.2. When providing services, the Contractor is obliged to:

Follow the regulations (instructions, orders) for quality control of the services provided;

Be guided by current sanitary and hygienic requirements (rules and regulations);

Ensure the safety of life and health of the Customer’s employees, third parties, and their employees;

Ensure the safety of the Customer's property;

Use detergents and cleaners without a strong odor, environmentally friendly for environment, which do not cause harm to the health and well-being of the Customer’s employees, third parties, service personnel and have certificates of quality and compliance. Cleaning and detergents must not have expired at the time of use and must be used in accordance with the requirements of the manufacturers' instructions;

Ensure the constant availability of equipment, inventory, chemicals in the quantities necessary to provide services of adequate quality;

Change consumables (toilet paper, hand wipes, liquid soap, air freshener) in a timely manner.

Monitor the appearance of each interior element, using effective methods to determine the degree of contamination and identify the causes of contamination, apply the necessary measures to eliminate contamination;

Ensure that there are no unpleasant odors in toilets;

Monitor the quality of services provided by management, provide training, and compliance with employee discipline;

Maintain confidentiality regarding information received during the provision of services.

1.3. Cleaning the premises Testing laboratory The customer must be carried out in accordance with the Decree of the Main State sanitary doctor Russian Federation dated January 1, 2001 “On approval of sanitary and epidemiological rules SP 1.3.2322-08.”

1.4. Personnel cleaning the laboratory's cubicle areas must undergo special training on biological safety at the place of work in accordance with job responsibilities.

1.5. Work with pathogenic biological agents (PBA) of groups III - IV can be performed by specialists at least 18 years of age with higher and secondary medical, biological, veterinary education, who have completed the appropriate specialization courses with mastery of methods safe work with PBA of groups III - IV, who have no medical contraindications to vaccination, treatment with specific drugs and to work in personal protective equipment.

1.6. Routine cleaning of the premises of the Testing Laboratory is carried out daily using a wet method after the end of the working day: in the “clean” area of the laboratory using detergents, in the “infectious” area using disinfectants. When disinfecting objects contaminated with blood and other biological substrates that pose a danger in the spread of parenteral viral hepatitis and HIV infection, one should be guided by the current guidelines. methodological documents and use disinfectants according to the antiviral regimen.

In the box rooms, weekly general cleaning of the premises is carried out using disinfectants. Indoor surfaces, equipment, devices are wiped with a disinfectant solution, walls are treated to a height of up to 2 meters. After wet cleaning, turn on the bactericidal lamps. The operation of bactericidal irradiators must be carried out in accordance with current methodological documents on the use of bactericidal lamps for disinfecting air and surfaces in premises.

The glass surfaces of bactericidal lamps should be wiped in the off position with a rag moistened with alcohol at least once a week.

Cleaning equipment should be marked separately for “clean” and “contaminated” areas. Transferring it from one zone to another is not allowed.

1.7. Cleaning work on premises and surrounding areas should not disrupt or affect the activities of the Federal State Budgetary Institution “Samara Reference Center of Rosselkhoznadzor”.

1.8. Requirements for technology and methods of providing services:

Cleaning and care services must comply with current technological requirements for services of a particular type. The Contractor must guarantee:

The professional level of the staff, their knowledge of safety requirements, maintenance rules and sanitary standards;

The use of chemicals (washing, polishing, stain removing agents, disinfectants, shampoos, antistatic agents, mastics, primers, varnishes, protective compounds, etc.) and cleaning equipment (cleaning carts, wiping material, mops, brushes, sponges, etc.) in strict compliance with the requirements of the manufacturers' instructions;

Removing dirt from various surfaces using the appropriate cleaning method, avoiding leaving dirt on steps, edges, corners and other hard-to-reach places;

Protection of surfaces and surrounding objects that are not subject to cleaning when cleaning premises using chemicals;

Ensuring the cleanliness of glass, tinted, smoky and mirror surfaces in accordance with the manufacturer’s instructions;

Use of special antistatic cleaners for cleaning the housings of office equipment, computers, and electronic equipment.

1.9. Requirements for the security of service provision:

When providing cleaning services (internal and external work), the safety of life and health of the Customer’s employees, third parties, the Contractor’s employees, and the safety of the Customer’s property must be ensured:

Care must be taken when carrying out cleaning and maintenance operations, especially during hours when the building and surrounding area are heavily used;

Chemicals (detergents, cleaning agents, disinfectants, protective agents, varnishes, mastics, crystallizers, etc.) used during cleaning must comply with the requirements regulatory documentation, have a hygienic certificate, as well as a certificate of conformity for drugs subject to mandatory certification;

To prevent the formation harmful substances or gases, when several cleaning products are used simultaneously during the cleaning period, they should not be allowed to mix with each other;

Special technological equipment and cleaning equipment used in the provision of services must be used in accordance with cleaning technology. Technological equipment and inventory subject to mandatory certification must have a certificate of conformity;

Used cleaning equipment (wiping material, mops, brushes, etc.), subject to disinfection in accordance with technology, must be disinfected after each cleaning;

When operating electrical equipment, electrical safety measures in accordance with GOST 27570.0 must be observed;

Electrical machines used in the provision of services must be equipped with sound and light alarms according to GOST 29149;

Moisture should not be allowed to get inside electrical sockets, switches and lighting fixtures;

The Contractor's employees must be familiar with fire safety rules in accordance with GOST 12.1.004 and existing procedures in case of fires in those buildings where cleaning and maintenance operations are carried out in accordance with the Law of the Russian Federation “On fire safety» dated 01.01.01 N 69-FZ (with amendments and additions made Federal laws dated 01/01/01 N 151-FZ, dated 01/01/01 N 32-F3, dated 01/01/01 N 13-F3).

When providing services, it is necessary to ensure compliance with established environmental protection requirements, requirements for cleanliness and maintenance of the building, premises and surrounding area:

Provide storage technological equipment and cleaning equipment clean and in good working order in rooms specially designated for these purposes;

Ensure that chemicals are stored only in original manufacturer packaging in specially designated areas in accordance with GOST 12.1.004.

1. Characteristics of the serviced object:

Total cleaning area: 1035.8 m2 including:

st. Novo-Sadovaya, 1 m²

Tolyatti st. Shlyutova, 8 m²

p.g.t. Ust-Kinelsky, B 426.1m²

Total harvested area of adjacent territories: 673.3 m²

……………………………….123.0 m²

p.g.t. Ust-Kinelsky, B 550.3 m²

1.1. Service provision mode:

Service delivery mode:

The provision of cleaning services must be organized during a period of time that does not create inconvenience for the Customer’s main activities.

Customer's working hours: from 8.00 to 17.00, on Friday – until 15-45.

2.2. List, volume, frequency of the main Services provided, requirements for technical specifications Services.

2.2.1. List, volume, frequency of the main Services provided, requirements for the technical characteristics of Indoor Cleaning Services.

Rooms, surfaces, objects	Operations carried out	Frequency of work
Corridors
Doors, door frames, handles	Removing dust, stains	Daily
	1 time per month
Floor, parquet		Daily
Trash cans		Daily
Head's office, reception
Doors, door frames, handles	Removing dust, stains	Daily
Wet cleaning using detergents	1 time per month
	Wet cleaning using cleaning agents and detergents	Daily
Horizontal and vertical surfaces of tables (space free from papers and office equipment), cabinets, shelves, bedside tables, window sills	Removing dust, stains	Daily
Upholstery of chairs, armchairs	Dry vacuuming, wet cleaning	1 time per week
	Removing dust, stains	1 time per week
Windows (including frames)		Daily
	1 time per month
Ceiling lamps	Dust removal, wet cleaning	1 time per month
	Removing stains and cobwebs	1 time per week
	Removing dust	Daily
Trash cans	Emptying, washing garbage containers, replacing plastic bags and taking garbage to the garbage disposal	Daily
Pictures, mirrors, glass surfaces (except windows)	Removing dust, stains	Daily
Cabinets
Doors and door frames, handles	Removing dust, stains	Daily
Wet cleaning using detergents	1 time per month
	Wet cleaning using cleaning agents and detergents	Daily
Horizontal and vertical surfaces of tables (space free from papers and office equipment), cabinets, shelves, bedside tables, window sills, mirrors	Removing dust, stains	Daily
Upholstery of chairs, armchairs	Dry vacuuming	1 time a month
Boxes for wires, switches, sockets	Removing dust, stains	1 time per week
Trash cans	Emptying, washing garbage containers, replacing plastic bags and taking garbage to the garbage disposal	Daily
Windows (including frames)	Removal of local contaminants and dust	Daily
Washing frames, glass, window sills using detergents	1 time per month
	Removing stains and cobwebs	1 time per week
Mirrors and glass surfaces	Removing dust, stains	As needed
Hard-to-reach places (behind furniture, under cabinets, equipment, etc.)	Removing dust	1 time per month

st. Antonova-Ovseenko 44 A

Chelyabinsk city

Limited liability company "Firm", hereinafter referred to as the Customer, represented by director Ivan Ivanovich Ivanov, acting on the basis of the Charter on the one hand, and Citizen of the Russian Federation Svetlana Ivanovna Ivanova, hereinafter referred to as the Contractor, __.__.1978. r., passport of a citizen of the Russian Federation 7500 No. 000000, issued on 00.00.2007 Branch of the Federal Migration Service of Russia for Chelyabinsk region in the Chebarkul region on the other hand, collectively referred to as the Parties, concluded this AGREEMENT PREMISES CLEANING (hereinafter referred to as the Agreement) on the following:

1. SUBJECT OF THE AGREEMENT

1.1.Under this Agreement, the Contractor, at the request of the Customer, undertakes to carry out work on cleaning the premises and property of the Customer (hereinafter also referred to as the Work), and the Customer undertakes to accept and pay for the Work in the manner and on the terms provided for in this Agreement.

1.2. The Contractor performs the Work at the Customer’s premises located at the address: Chelyabinsk, Kirova St., 1, with a total area of 30 sq. m.

1.3. The list of Works performed by the Contractor is indicated in Appendix No. 1, which is an integral part of this Agreement.

1.4. The Customer makes an application to the Contractor orally or in writing. The Contractor performs the Work on the next working day after the day the application is received from the Customer. The period for completing the Work is 1 (One) working day.

1.5. The Customer provides the Contractor with the cleaning agents necessary to perform the Work.

2. DURATION OF THE AGREEMENT

2.1. This Agreement comes into force from the moment it is signed by the Parties and is valid until December 31, 2012.

2.2. The parties have the right to refuse to fulfill this Agreement at any time. Settlements between the Parties upon termination of the Agreement are made based on the Work actually completed by the Contractor at the time of termination of the Agreement.

3. DUTIES AND RESPONSIBILITIES OF THE PARTIES

3.1.The Contractor assumes the following obligations:

3.1.1.perform the Work personally;

3.1.2. complete the Work of proper quality and within the time limits established by the Agreement (clause 1.4 of the Agreement);

3.1.3. carry out the Work in full as agreed by the Parties (Appendix No. 1 to the Agreement);

3.1.4. guarantee the use in the process of performing the Work of methods and methods that preserve the Customer’s property;

3.1.5. not take any actions that entail a violation of the Customer’s commercial, banking or other secrets.

3.2.The Customer assumes the following obligations:

3.2.1. provide the Contractor with unhindered access to the premises at the address specified in clause 1.2. Agreement;

3.2.2. timely accept and pay for the Work performed by the Contractor;

3.2.3. provide the Contractor with the necessary cleaning agents, water and electricity to carry out the Work.

3.3. The parties are responsible for improper execution/non-fulfillment of this Agreement in accordance with the current legislation of the Russian Federation.

4. COST OF WORK AND PAYMENT PROCEDURE

4.1. The cost of the Work performed by the Contractor under this Agreement is 3000.00 (Three thousand) rubles 00 kopecks for each calendar month

4.2.In accordance with Tax Code of the Russian Federation, the Contractor's remuneration under this Agreement is subject to income tax taxation individuals(NDFL). The Customer, as a tax agent, independently calculates, withholds from the Contractor and pays personal income tax in the manner prescribed by the Tax Code of the Russian Federation.

4.3. The Customer pays for the Work performed by the Contractor within 3 (Three) banking days from the date specified by the Parties in the Work Acceptance Certificate.

4.4. Payment under this Agreement is made by bank transfer cash by the Customer to the Contractor's account specified in this Agreement.

The date of payment is the day the funds are debited from the Customer's current account.

5. PROCEDURE FOR SUBMISSION AND ACCEPTANCE OF WORK

5.1. The Customer accepts the Contractor’s Work on the day of its completion.

5.2. The Contractor is obliged to eliminate all deficiencies free of charge (immediately after they are identified by the Customer) if, during the execution of the Work, he made a deviation from the terms of the Contract that worsened the quality of the Work performed.

5.3. If during the execution of the Work it is revealed that it is impossible to eliminate certain contaminants, the Contractor shall carry out for the Customer in his presence tests. If it is confirmed that it is impossible to eliminate defects, the Customer has no right to make claims to the Contractor regarding the quality of the Work performed.

5.4. The fact of acceptance of the Work by the Customer is confirmed by the Work Acceptance Certificate, which is drawn up in two copies, one for each of the Parties, signed by the Parties and is an integral part of this Agreement. A sample of the Work Acceptance Certificate is attached to the Agreement (Appendix No. 2).

6. FINAL FLOORFUNCTIONS

6.1. Any changes and additions to this Agreement are valid only if they are made in writing and signed by authorized representatives of the Parties.

6.2. Disputes and disagreements under the Agreement are resolved by the Parties through negotiations. If agreement is not reached during the negotiation process, the Parties shall resolve the dispute in court in accordance with the legislation of the Russian Federation.

6.3. In all other respects that are not provided for in the Agreement, the Parties will be guided by the current legislation of the Russian Federation.

6.4. All Appendices to this Agreement are an integral part of it.

6.5. The agreement is drawn up in two copies having equal legal force. One copy is with the Customer, the other with the Contractor.

7. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

7.1. Customer:

Limited Liability Company "Firm"

7.2. Contractor:

Ivanova Svetlana Ivanovna

Appendix No. 1to the CLEANING AGREEMENTdated January 21, 2012

List of works performed by the Contractor

List of floor cleaning work:

Cleaning the floor (sweeping/mopping) using a protective detergent.
Cleaning baseboards.
Dry cleaning of stubborn stains (tiles, linoleum).
Removing dust from hard-to-reach places.
Cleaning the surrounding area

List of works for cleaning low-level surfaces (no higher than 2 m):

Dry cleaning, removal of dust, stains, fingerprints and local dirt from handrails, door blocks, door handles, glass partitions, stained glass windows, metal surfaces, walls.
Wet cleaning and removal of local dirt from walls, door blocks, frames (on one side) and door handles.
Wet cleaning of radiators and pipes using detergents.
Wet cleaning of local contamination, removal of dust, stains (if the nature of the coating allows) of high-level (2 - 3 m) surfaces (shelves, cabinets, walls, etc.).
Cleaning windows (easy access) inside and out, including window frames and frames.

List of works for cleaning furniture and interior (not higher than 2 m):

Removing dust, fingerprints and local contamination from open surfaces of cabinets, shelves, bedside tables, from horizontal surfaces of tables free from documents, armchairs, window sills, mirrors.
Dry cleaning of the case, screen and keyboard of computers (only when turned off), office equipment, telephone sets in agreement with the administrator.
Cleaning glass and mirror surfaces.
Removing waste from baskets, trash cans, ashtrays, wiping them and installing plastic bags.
Wet cleaning and removal of local contamination from the side surfaces of tables, from chair crosspieces, from chair legs, tables, armchairs, from window frames (on one side), sockets and switches, table lamps, fire equipment.
Caring for plants inside the office.

List of works for cleaning and disinfection of toilet rooms:

Washing the floor. Cleaning mirrors and glass surfaces. Cleaning tiled walls around sinks, urinals, toilets, dispensers, and external parts of plumbing lines.
Cleaning and disinfection, removal of rust, urinary, water and limestone from sinks, urinals, toilets from the outside and inside, wiping toilet lids.
Cleaning and removing limescale from taps and accessories.
Emptying and washing trash cans and installing plastic bags.
Washing, wiping and refilling dispensers for liquid soap, toilet paper and paper towels.
Disinfection of tiled walls, toilets, sinks, bidets, urinals. Wall washing.

Customer: ________________________________

Contractor: ______________________________

Appendix No. 2to the CLEANING AGREEMENTfrom " 07 » December 2013

Acceptance certificate for completed work

Chelyabinsk city

« 07 » January 2014

Limited liability company "Firm", hereinafter referred to as the Customer, represented by director Ivan Ivanovich Ivanov, acting on the basis of the Charter on the one hand, and Citizen of the Russian Federation Svetlana Ivanovna Ivanova, hereinafter referred to as the Contractor, __.__.1978. r., passport of a citizen of the Russian Federation 7500 No. 000000, issued on 00.00.2007. Branch of the Federal Migration Service of Russia for the Chelyabinsk region in the Chebarkul region, on the other hand, collectively referred to as the Parties, signed this Certificate of acceptance of work performed to the PREMISES CLEANING AGREEMENT dated December 07, 2013 year (hereinafter referred to as the Agreement) on the following:

1. In accordance with the terms of the Agreement, the Contractor performed work on cleaning the premises and property of the Customer (hereinafter referred to as the Work) in the Customer’s premises (“Office Chelyabinsk”), located at the address: Chelyabinsk city, Kirova St., 1, with a total area of 30 sq. m.

2. The Contractor completed the Work in full, in accordance with Appendix No. 1 of the Agreement.

3. The Contractor completed the Work on time and of proper quality.

4. After signing this Act, the Customer pays for the Contractor’s Work within 3 (Three) banking days in full (3000 rubles 00 kopecks), in accordance with clause 4.1. of the Agreement, taking into account clause 4.2. Agreement.

5. This Certificate of Acceptance of Work Completed is drawn up in two copies having equal legal force, one for each of the Parties.

6. This Certificate of Acceptance of Work Completed is an integral part of the Contract.

The customer accepted the work: ________________________________

The contractor completed the work: _________________________________