Advice 1: How to make an employee without labour

If you strictly follow the letter of the law, the execution of the employee 's employment record is impossible. If he has not this document, is obliged to make itself the employer. But the variant of the formalization of relations under civil law contracts (e.g. contract). The entry in the work book it does, but the labour relations are not considered.
You will need
  • -the text of the model agreement;
  • computer;
  • printer;
  • - private details.
Depending on the purposes for which you employ an expert. For example, if you need someone for a single work on the creation of copyright (literary, musical, and other artistic or non-artistic works), cooperation is made under the contract of author's order or copyright license agreement.
For casual work or permanent cooperation without hiring you can also sign a contract or, for example, an Agency agreement. The validity period is usually limited, but if necessary, it after can be reinvented countless times.
The text of the standard contract required you can easily find on the Internet. However, will not be superfluous to study it carefully, compare with the regulations of the current legislation, to make adjustments where I see fit.
Particularly noteworthy are the sections relating to the work being performed, requirements of the customer, reception and evaluation of possible sanctions for certain infractions.
To develop them better on their own, based on the specifics of activities, corporate policies and its vision of cooperation.
Make the contract in the right places (the introduction and the section on addresses and requisites of the parties) is required your details: name of organization, name of its representative who signs the contract (usually the head) and the document under which it operates (the Charter of the enterprise or the power of attorney), legal and physical (if available) ' index, INN, NACE main activity, banking details.
Fields to be filled in by the other party leave blank, but enter information that is required from the employee. This surname, name and patronymic, passport data (series, number, whom and when issued), registration address, actual residential address, if available, was number, pension insurance certificate, Bank details for fee transfer.
Please print the agreement in duplicate and give to the other party for review and signature.
Then sign it yourself and seal both copies. One is given to you, the second is given to the employee.
The contract is concluded.

Advice 2: How to make a UI employee

In the time diagram of the operation of certain businesses when key employees registered as individual entrepreneurs, was very widespread. This was due to tax evasion, when it became more profitable to pay taxes for UI employee, than that employee, but designed in accordance with the labor laws. However, some businesses operate according to this scheme so far.
There is some probability that due to growing up with the 2011 social security contributions, certain employers wish to return to a familiar pattern of work. If to put outside the brackets the nuances associated with specific activities and specific work for every business, this scheme will look like this:1. Savings calculation.2. The dismissal of employees and sole proprietorship employees.3. Continuing to work and paying taxes, "new."
Spending the savings calculation, consider all the benefits that you pay for employees over wages. These include contributions to the budget system: the personal income tax (if you hold it from the officers ' salaries and all social contributions in different funds, payment of holiday pay. On the other hand, calculate how much you will need to spend money to pay taxes for each SP employee. Don't forget to consider that in addition to the main tax which is likely to be selected as 6% of the income of the simplified tax system, the PI must annually pay contributions to the Pension Fund. This way you will be able to calculate what level of remuneration is more profitable to issue SP workers than to keep them employed.
After discussions with the worker, mi, fire them "at will". If they are intelligent people, will understand your arguments. Of course, to infringe upon their interests in this case is also not necessary. Many people are just afraid of change. You need to find a negotiating compromise that suits all parties. After dismissal they will need to issue the PI.
Next, conclude the contract on cooperation (or any other right within the meaning of the agreement) with each UI employee. And not to set up your employees, don't forget to compensate them for taxes when it comes time to pay. In principle, all of the above can be done for a single day without interrupting workflow.
At the conclusion of a civil contract with an individual, you are required to perform the functions of a tax agent under part of personal income tax (withhold from it to transfer to the budget 13% of each paid him under the contract amount) and to do him all the required social security contributions.
But the obligations of social guarantees for the employees (vacation pay, sick leave, early warning of dismissal, etc.) you have in this case.
Useful advice
Avoid the text of the Treaty wording and signs on the basis of which the court may recognize his work. They are listed in the Labour code of the Russian Federation.
In particular, the Treaty should not regulate the operation. Unacceptable use therein of the words "employer", "employee", "salary".
Is the advice useful?