How does an employment contract differ from a civil law contract, which employers often offer to their employees?

Currently, when hiring for a job, it is quite common to conclude a civil law contract rather than an employment contract. This is often explained by the employer's unwillingness to fulfill a number of obligations. Employees, agreeing to such terms, are not always aware of the consequences of replacing labor relations with civil law relations. Natalia Grigoryeva, Deputy Head of the Department of Social and Labor Relations and Wages of the Committee for Labor, Employment and Social Protection of the Regional Executive Committee, explained the difference between them.

An employment contract and the relationship between an employee and an employer are regulated by the Labor Code of the Republic of Belarus of July 26, 1999, No. 296-3. A civil law contract and the relations arising from it between an employer and a citizen are regulated by the Civil Code of the Republic of Belarus of December 7, 1998, No. 218-3. In the first case, the contract is concluded for the performance of a labor function with subordination to the internal regulations of the organization. In the second case, it is for the performance of a specific job. Guarantees and benefits provided by labor legislation do not apply to civil law relations. In particular, the mandatory provision of paid annual leave is not envisaged, requirements for working time schedules, severance pay, etc., are not established. Natalia Ivanovna also noted that in accordance with the employment contract, the employee is hired for a position, included in the staff for a specific profession and specialty in compliance with labor regulations and with the issuance of a work record book. In civil law relations, a work record book is not kept, however, legal entities and individual entrepreneurs providing work under civil law contracts are obliged to pay insurance contributions for the workers, and therefore, the period of work is included in the length of service.

Unlike an employment contract, under which the employer undertakes to pay wages in a timely and full manner, work under a civil law contract is paid for a specific scope of work performed by a citizen. The amount of remuneration, the deadlines and the procedure for its payment are determined by the terms of the concluded contract.

Therefore, it should be remembered that by agreeing to work under a civil law contract, a citizen is deprived of all benefits, guarantees, and compensations provided for by labor legislation.

Nadezhda Fondarenko, "Vitebskiye Vesti"