Benefits of being hired. Self-employed. Employment. Public opinion

Why do you need to know about the pros and cons of hired labor at all? Are there really other options besides working for the “uncle”?

If you think that employment is the only possible source of income, then be sure to familiarize yourself with and remove the program of slave thinking from your subconscious mind. It was it that your parents, school, university and others methodically laid in your brain. It's time to get rid of stereotypes and turn on your head, friends. Remember:

You always have a choice! You can choose hired labor, or you can work for yourself.

Each direction has its own advantages and disadvantages. This post is about employment. Let's start with its benefits.

Benefits of permanent employment

Do not listen to agitators who urge you to quit your job and start your own business with them - dull sellers of useless rubbish. Better turn on your head and think about the benefits of permanent employment:

• Monthly salary. The main advantage is that he knows exactly the dates and amounts of the expected salary transfers to his card account. He confidently looks into the future, and therefore sleeps calmly and does not scream in his sleep: “How much will I earn this month?! Will I be able to repay the loan taken to buy hamster food?!”

  The hired worker Vasily knows for sure that on the fifth day the “uncle” (employer) will credit the advance payment to his card, so he boldly goes to his neighbor with the words: “Petrovich, lend 5,000 rubles until the fifth day!” And Petrovich will lend, because he knows that the "fifth" Vaska has an advance payment, which means that the money will be returned.

• Permanent employment. The obligation of the employer is to regularly pay the employee a monthly salary. Just don't be fooled, friends.

  The entrepreneur is the exploiter. Therefore, you will definitely work out the salary you receive for him.
  It must be understood that the wage fund is formed from the money that employees bring to their company. Naturally, the employer is interested in ensuring that people do not sit idle.

  Is it bad? I'm sure not! On the contrary, it is very good. After all, the responsibility for the functioning of the business lies on the shoulders of the entrepreneur, and the employee can calmly focus on fulfilling his direct duties. And the more he is loaded with work, the more benefit he will bring to the company, and the more confident he will look into the future.

• Paid holiday. According to Chapter 19 of the Labor Code of the Russian Federation, the employer is obliged to provide the employee with annual paid leave. A trifle? Not!

  Here, judge for yourself. There are 365 days in a year, 28 of which are paid holidays. It turns out that annually more than 7% of your life is sponsored by the employer. While you are warming your belly somewhere on a Turkish beach, the money on the card continues to flow regularly. Agree, comfortable!

• Free education. What value does a young university graduate have in the labor market? Ever wondered why employers prefer professionals with work experience? The answer lies on the surface:

  The best forge of personnel is a job for hire.
  Do you know what employers say to "green" youths who have just received a diploma of higher education? They say the traditional phrase:

  Forget everything you were taught at the university and start learning here again.
  And it's not about bad education. No. Everything is much simpler:

  Only "in combat conditions", at work, a person can become a true professional in his field.
  It's one thing to learn how to sell, and quite another to actually sell. Remember:

  Employment is the only place where a person improves as a specialist for free. Little of! He even gets paid for it!
  Cool, yeah? We continue on!

• Limited liability. An employee is solely responsible for his area of ​​work. For example, the secretary Vasilisa is only responsible for making sure the coffee is hot, her skirt is short, and the director is happy. Everything! Only for this she can be asked!

  If the accountant Arseniy makes a mistake in the quarterly report, then he will be responsible for this mistake, since this is his area of ​​​​responsibility. Although, perhaps, being "on the carpet" with the director, he will have to perform some of the functions of Vasilisa, so to speak, in order to defuse the situation a little and slightly amuse the boss. But it is better for the secretary not to allow such situations, because the boss may one day say to her: “Teach Senya how to make coffee and get out!”

• The presence of a social package. Do you know what a social package is? If not, then I'll tell you:

  A social package is an additional benefit that a company, at its own expense and on its own initiative, provides to its employees.
  This can be health insurance, free meals, a gym membership, a travel package, a company car, rented apartment compensation (for non-residents), etc.

  I just want to warn you:

  The social package is an exclusively voluntary initiative of the employer, therefore, in some companies it is not available.
  But this is not a cause for concern. After all, most companies provide valuable employees with social packages. This is very motivating! Agree, treating your teeth for free with medical insurance is much more fun than with your own money. And how cool it is to drive a car and not think about fuel costs. I'm already silent about free trips to foreign resorts. In general, the social package rules, friends!

• Purchase of goods (services) of the company at preferential prices- almost all employers provide such an opportunity to their employees. It is clear that we are talking about goods and services for the population. If you work at a grenade launcher factory, then you are unlikely to be able to buy a few Flies on the cheap. But an employee of a furniture company can easily buy a furniture set for himself at a reduced price, and an employee of a travel company can buy a ticket with a good discount. A trifle, but nice.

Well, friends, are you impressed by the advantages of permanent employment? Personally, yes! I read them again, and even wanted to get a job. Oh, and this desire is growing rapidly! I urgently need counterarguments! Shortcomings in the studio!

Cons of hired labor

Are you sure you want to know about the cons of working for hire? Aren't you afraid to stray from the intended path to a stable and carefree life? Okay, then I start:

• You have to obey other people's orders. For me personally, this is the biggest downside. What I hate the most is when they try to control me. Especially if it is done by stupid managers. This is probably why I was able to get along only with strong leaders who work for results.

  However, here the key factor is not the personality of the director, but the very need to obey someone. There are people who value freedom from an employer more than money. And I understand them perfectly.

• The employee's income is limited. It doesn’t matter if you receive a fixed salary or are on piecework, your salary will still be limited to a certain “bar”. Here, ask your friends who are employed: “How much do you earn?” I am sure that everyone will name some number.

  But what if you want to earn two or three times more? An employee has two options: go for a promotion or find a new job. Moreover, it is not a fact that you will be able to find this job in your city or even in your country, and it is not always possible to get a promotion. So people “sit” for decades on fixed salaries for the sake of their stability. However, what is the stability? She doesn't exist!

• You can be fired at any time. That's stability for you! You will work for 30 years in your company, give it the best years, put your soul into its development, but one day your boss will call you and say: “Ivan Petrovich, our company no longer needs your services! All the best to you, dear!"

  Yes, yes, you are waste material and sent to the landfill. No one will appreciate your devotion and dedication. Nobody cares about the contribution that you made to the development of the enterprise. As soon as the door closes behind you, everyone will forget about you.

  You know, that's probably why I never valued work - I didn't see the point in doing it. For me, work has always been an environment for my own development. Considering this or that vacancy, I asked myself a question:

  What experience and what benefits can I get by working in this company?
  As the saying goes, "It's nothing personal, it's just business." Don't let yourself be used, friends!

• Dependence on the employer is formed. A stable monthly salary, a social package, established relationships with the team and management, a clear understanding of their functional responsibilities - all this is a kind of comfort zone for an employee.

  Have you ever wondered why many people are afraid of losing their jobs? They just don't want to leave their homes! That is why employers are in no hurry to raise their salaries. What is there to raise! They are confident that even if salaries are reduced, the majority of employees will continue to work. Do you know why? Because people have formed a psychological dependence on their work. Few are ready to drop everything and start from scratch. Fear and doubts are to blame for everything: “And if it gets even worse in a new place? Suddenly I can’t get used to the team or I can’t cope with my functions? And in general: here I know everyone, but there it is necessary to establish new connections, to get in the know. No, it is better not to take risks and work calmly in your company. And there you look, everything will get better, and salaries will be raised again! This mindset comes about because:

  Wage labor is a kind of oxygen mask for the worker.
  Money is vital to a person just like air. Let's say you're in a vacuum and you're getting air through an oxygen mask. In the beginning, you are given oxygen in sufficient quantity. Then they took and reduced the feed by half. You will naturally feel uncomfortable. However, air is supplied. In smaller quantities, but served. Who is ready to take the risk and remove the oxygen mask?

  That's how it is with work, folks. Everyone in the smoking room will resent the actions of the leadership, but only a few will dare to leave their warm place. The main mass will moo sullenly, and continue to pull the plow further.

• Work dulls the sense of responsibility. It's about taking responsibility for your life. There is this old phrase:

  You are the boss - I'm a fool.
  When you apply for a job, you are essentially placing yourself under the control of an entrepreneur. All the risks for the success of the business lie on it, but you are only responsible for your area of ​​work. If you are ordered to paint a fence, you will paint. If in a week they ask you to disassemble it, you will disassemble it. You don't have to think whether it's profitable or not. Your task is to conscientiously carry out commands. Everything!

  And who will be responsible for stupid orders? Of course, an entrepreneur! Here he has a sense of responsibility, everything is in order, and you can relax and not think about anything. After all, you are not the "boss" ...

What do you think of the counterarguments? Agree, they are strong too! Think gentlemen! By the way, do you act like a “pawn” or an entrepreneur at work? It will help answer this question.

In enterprises that produce goods or provide services, sometimes there is a need for a temporary increase in staff. Some types of work do not require the constant presence of a certain performer in the team, but involve only a short-term performance of the functions assigned to him.

It can be:

• conducting an advertising campaign;
• renovation of premises;
• beautification of the territory;
• transport services and many others.

In such cases, new employees are hired under a temporary contract called an employment contract. It has a number of advantages for the employer compared to an indefinite employment relationship. Employers prefer to draw up this form; employees, as a rule, are not interested in this type of contract, because. it excludes many social guarantees.

There are a number of situations where the terms of this document are easily challenged. Particular attention in its preparation must be paid to the specific requirements for the text and content, otherwise it may be equated to an employment agreement by a court decision.

An employee employment contract is a document that establishes civil law relations between an employer and an employee. It is not regulated by the Labor Code of the Russian Federation, but falls under the Civil Code of the Russian Federation. At the same time, both contracting parties are equal, in such relations the contractor does not become a subordinate, and the employer does not have the right to apply disciplinary sanctions.

The hired employee is not subject to the internal regulations of the enterprise, the rules of the labor schedule do not apply to him. The Contractor has the right to independently organize a workplace, and in some cases determine its location. The schedule for the execution of the order is agreed upon and may differ from the original provisions if the changes do not affect the final result, which is fundamental in this type of relationship.

A civil agreement is concluded only for a limited period or until certain goals are achieved. In this case, the performer receives remuneration, not wages. The payment schedule is agreed in the document. As a rule, remuneration is paid after acceptance of the completed order, but advance payment of labor is also allowed, in accordance with certain milestones of performance.

pros

Hiring a company provides the following benefits:

• the procedure for temporary employment of the contractor is simplified;
• remuneration is transferred in its entirety, mostly without paying taxes and insurance premiums;
• vacation, sick leave and other amounts guaranteed by the employment contract are not paid to the hired employee, and the workplace is not retained for him.

The hired employee also receives certain benefits:

• the right not to comply with the labor regulations adopted at the enterprise;
• employment without entering information in the work book;
• the ability to involve third parties in the execution of the order.

Despite some advantages, an employee should not agree to this type of relationship if in reality they involve functions that, under normal conditions, can be formalized with a fixed-term employment contract.

Minuses

The disadvantages of a civil agreement include the limitation of the employer's ability to control the progress of the order. The company has the right to apply penalties if they are provided for in the contract, but these situations require careful consideration, often in court.

When applying to the judiciary, an employment contract is sometimes forcibly replaced by a labor one, so employers try to avoid such cases, because. an obligation is imposed on the enterprise to pay tax fees and insurance premiums, as well as to provide the employee with all the required social guarantees.

For the contractor, employment may become the basis for prosecution under Article 171 of the Criminal Code of the Russian Federation if he is not registered as an entrepreneur. In addition, if there are no entries in the contractor's work book, the work performed will not be included in the length of service when calculating pension points.

Note! The goal pursued by the employer when concluding a civil agreement is clear - reducing labor costs and reducing responsibility to the employee. An employee should think about whether a job is needed that will bring only temporary income, but in a difficult situation will not provide social guarantees.

The employee cannot foresee the onset of temporary disability during the performance of work functions. When agreeing to a temporary relationship, it must be remembered that the employer will not provide material support in unforeseen situations.

Agreement between individuals

A civil agreement may be concluded between two or more individuals. For example, if the homeowner hires a repair specialist. In this case, the document is drawn up in writing and registered with local governments.

The form of the document is not regulated by law, but it must contain the passport data of the parties, registration information, the period of validity and a description of the expected result from the work or service. A sample employment agreement can be downloaded below, but should be carefully adapted to your specific situation.

Differences from labor relations

The contract of employment of an employee has a number of significant differences from the labor agreement.

Thus, an employee employment contract allows a company to recruit performers for certain orders without paying taxes and insurance premiums. The financial benefit for both parties is offset by a reduction in the level of control over the progress of the project.

A temporary civil contract is partially beneficial not only for the enterprise, but also for the employee. It is important that its form is drawn up legally competently, and in case of disagreement, the document is not interpreted by the court as a contract falling under the Labor Code of the Russian Federation.

Is it possible to apply for an IP while working for hire? An individual entrepreneur has a dual status: on the one hand, it is an individual, on the other, it is a business entity. Knowing about such specifics, it can be assumed that an individual entrepreneur has the right to simultaneously conduct his own business and work in the staff of any organization on the terms. This assumption is correct.

Is it possible to work and open an IP

Individuals - with the exception of civil servants - have the right to register an individual entrepreneur and start their own business without leaving their main place of work. They can cooperate with the employer on the terms of an employment contract and provide services on the basis of civil law contracts.

The exception is those categories of workers who serve the needs of the state: officials, military personnel, employees of the prosecutor's office and security agencies. This contingent does not have the right to do business - it is impossible to sit in the chair of a deputy and the chair of one's own office at the same time.

Some are concerned about the question: “Is it possible to issue an IP if I officially work, and not inform the boss about it?” We answer: yes. An employee is not required to notify the employer that he has received a certificate and is now doing business in his spare time from his main job. Only employment records are entered in the work book, data on individual entrepreneurs are contained in the state register and are available upon official request.

However, employers themselves are often interested in preferring an individual entrepreneur to a full-time employee, and, having learned about the new status of an employee, they can offer him to change the format of further work. The fact is that if an individual entrepreneur performs some work function, the company saves to a large extent on the so-called payroll taxes - an individual entrepreneur pays insurance premiums for himself. In addition, an incoming employee in the status of an individual entrepreneur does not need to pay vacation and sick leave, he is also not entitled to a social package. The absence of labor guarantees does not benefit the individual entrepreneur, but his benefit is smaller deductions from his earnings. For example, on a simplified taxation system, 6% of income must be paid to the budget, while 13% of income tax is deducted from the salary of a full-time employee.

However, having registered an individual entrepreneur, you should not rush to apply for dismissal in order to switch to a different format of cooperation with the employer. The problem is that the scenario described above is viewed by the tax authorities as a desire to evade taxes by unreasonably replacing labor relations with civil law ones. Despite the fact that the judiciary in proceedings on this issue often takes the side of the individual entrepreneur and his counterparty, this should not be abused.

If an individual entrepreneur works under an employment contract, he enjoys all the benefits of such cooperation. On time, he is paid a salary, he can count on a bonus, he rests on vacation at the expense of the employer, and in case of dismissal he receives a dismissal allowance. When an individual entrepreneur is employed, he is obliged to comply with the internal labor regulations.

Can an individual entrepreneur work under an employment contract

The reverse situation, when an individual entrepreneur decides to get a job in the state, is also legal. In this case, the applicant appears at the interview as an individual, and it is not necessary for him to “close” the IP.

If an individual entrepreneur works in an organization on the terms of an employment contract, his entrepreneurial status does not matter to the employer. Settlements with the employee and funds are carried out in the general order for all. Among other things, the employer pays insurance premiums from the salary of an individual entrepreneur. However, the fact that an individual entrepreneur works as an employee of the company, and contributions to funds are made for him as an individual, does not relieve the individual entrepreneur from his obligation to pay for himself.

The question of whether it is possible to work and be an individual entrepreneur also affects the financial aspect. Having settled in the state, the individual entrepreneur continues to pay insurance premiums for himself, even if he does not devote time to his own business at all and does not receive income from it.

According to the law, an individual entrepreneur is obliged to pay insurance premiums for himself throughout the entire time he is an entrepreneur, with the exception of grace periods for non-payment. Such periods include time periods when a person cannot conduct commercial activities because he serves in the army, takes care of a child under one and a half years old, a person over 80 years old or a disabled person. Also, beneficiaries can be IP spouses of diplomatic workers or contracted military personnel who have not been able to get a job for five years. In other situations, insurance premiums are supposed to be paid, even IP pensioners do this. If payments to funds seriously complicate the financial situation, it probably makes sense to initiate the procedure for deregistering an individual entrepreneur from tax records.

In the case when an individual entrepreneur works on a labor basis and retains his entrepreneurial status, insurance premiums paid by both himself and his employer go to the account of the insured person. When forming a pension, all of them will subsequently be taken into account.

For himself in 2019, the IP pays 36,238 rubles. minimum insurance premiums. If income is above 300,000 rubles, then another 1% is charged in excess of this limit (for example, with income of 500,000 rubles per year, an additional 2,000 rubles of contributions must be paid). If an individual entrepreneur has employees, he also pays to the funds for them - in the general case, the amounts are calculated at 30% of payments under employment contracts (with some exceptions).

Thus, the answer to the question of whether it is possible to work and have an IP is most often positive. The materials on our website will help you deal with taxes and individual entrepreneur contributions. Here you can prepare documents for registration of IP. It's free and takes no more than 15 minutes even for inexperienced computer users.

Most of the articles on my blog promote self-employment. In this regard, many readers may have the opinion that I do not like hired employees and in every possible way discourage people from making money in the traditional way. Actually this is not true.

In one of my posts, I gave a list of reasons why . Now I will correct myself and give a similar list of pluses for employment. There are many positive moments in working for an employer, and a person who has not passed such a stage in his life will not be able to appreciate the advantages of his business.

1. Labor law

Like it or not, a person working for hire is protected by law and the state by an order of magnitude better than any entrepreneur. He accumulates a pension, paid sick leave and holidays, he cannot be fired without a reason, and even if the enterprise goes bankrupt, he will receive compensation.

2. Guaranteed salary

The salary of an employee is accrued regardless of whether the company is making a profit at the current time or incurring losses. They can cut bonuses, but what is stipulated in the labor contract will be paid.

3. Opportunity for change

Quitting your own business and switching to something new is not an easy task. But changing jobs and even professions is easy. All that keeps you is the 14 days of work stipulated by law. You found the right vacancy, for example, in http://imperia.ru, wrote 2 applications (for dismissal and admission) and enjoy your new job.

4. Professional experience

A profession obtained in an educational institution rarely meets the real requirements for a specialty in the labor market. And employment allows you to fill the gap between academic education and the real qualifications of a specialist.

5. Teamwork experience

Real work differs from ideal work in that it is influenced by the human factor. The experience of working in a team allows you to master the skills of interacting with other people and learn how to look for approaches to different types of personalities.

6. Leadership experience

If you plan to start your own business in the future, then the ability to organize work and manage a team will be your most valuable skill. It is possible to get such experience in your business, but it can cost a lot of money. As an employee, you can learn anything at the expense of your employer.

7. Useful links

Much in our life is decided by acquaintances and connections. A large list of useful contacts will allow you to easily and quickly resolve many issues in the future. Just call the right person. This element will be especially useful when you plan to open your own business in the same area in which you are employed.

8. Authority

When you have your own employees, it will be much easier for you to find a common language with them if they see you as their person. Let now you are the owner, but you started the same way as they did, did the same as they did, and, therefore, you understand their problems and correctly assess the possibilities.

Before becoming an entrepreneur, I myself went through the path of a hired employee. I had a chance to twist the nuts and work with papers and lead people. The experience gained helps me so far, if it weren't there, who knows how my business would have developed.

Employment

"... Employment is work in which a person enters into an explicit (written or oral) or implied contract that guarantees him a basic remuneration (in cash or in kind) that does not directly depend on the income of the unit where the person works. , some or all tools that a person uses in the process of work may belong to other persons. The worker's activities may be carried out under the direct control of the owner or persons designated by the owner and employed by him ... "

A source:

Order of Rosstat dated December 21, 2010 N 452 "On Approval of Methodological Provisions for Conducting Sample Surveys of the Population on Employment Problems (Labor Force Surveys)"

Official terminology. Akademik.ru. 2012 .

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