Chapter 2. Work for hire I could not ignore this method of earning money as work for hire. You write an application for a job and begin to exchange your time for money. This method is neither good nor bad. Just know that it is there. And, to my personal regret, most

Surely, many have wondered more than once what to choose: working for someone else or organizing their own business? In this article I will try to compare these options and show why working for hire in our country is not profitable.

First, let's define: for what purpose does a person actually work? No matter what anyone says, there are usually only two reasons that motivate us to go to work:

• Earn the necessary amount of money to live here and now.
• To secure your future, in fact, to earn money for retirement and a comfortable old age.

We are accustomed to the fact that in order to achieve these goals, we must first obtain a decent education and then find a good (preferably well-paid) job. However, with the collapse of the USSR, in a market economy, an alternative option became available to us - to open our own business and go into business.

To assess possible prospects, it is necessary to consider the pros and cons of both options. Both psychological and economic aspects should be taken into account.

Psychological aspects

" Employment

Many people think that when they work for a large company, they are part of something big and benefit society. This is not entirely true. You undoubtedly bring benefits to society, but do not forget that you are working for someone else’s uncle and bringing benefit (profit) only to him. By getting a job in a company, you initially put yourself in a dependent position and, in fact, no longer belong to yourself.

At any moment, management can begin to dictate their terms, load you with additional responsibilities and demand their fulfillment. And if he is not satisfied with your work, they can easily show you the door. After all, there are more than enough people wanting to take a warm place in the office.

Another motive that encourages a person to become an employee is the desire to gain certain experience and climb the career ladder. But even here, not everything is so simple. No matter how wonderful and successful your career is, there are a number of restrictions.

• Firstly, you will never rise above your boss, since it is not profitable for him, that is, you will remain a dependent employee following someone else's instructions.
• Secondly, your ambitions in terms of high earnings also cannot always be satisfied, since your salary cannot grow indefinitely: at a certain point, when it reaches the established limit, there will be nowhere to grow further.

» Self-employment

Having your own business is an opportunity to work as much as you want and receive income directly proportional to the effort expended.

In this case, the amount of income depends only on you, on your capabilities and desires.

Here you will not have superiors who would indicate what, when and how to do. However, this is precisely where the biggest difficulty of running an independent business lies – organizing yourself. Without self-discipline and self-organization, you will not be able to build your own business. No one but yourself can make you work and you have to rely only on yourself. Otherwise, the business is doomed to failure.

However, this option removes restrictions - there is no pressure from above, there is no limit to self-improvement and career growth, and your potential earnings are also inorganic.

Financial aspects

" Employment

When we get a job, we receive a guaranteed salary. And this is perhaps the only plus. The employee knows in advance his salary and the minimum amount that he will receive no matter what.

However, the salary in this case is only part of the money that the employer could pay you.

You ask why? It's very simple - taxes. Have you ever wondered how much taxes you pay?, working at an enterprise or in a company? But it has long been known that employee income is the most taxable payment of all existing ones. Don't believe me? Let's do the math.

Let’s say an employer is ready to pay you 50,000 rubles for your work. From this amount, in any case, the state will withhold 13% income tax from you (6,500 rubles). Those. you will have 43,500 rubles left. Everything would be fine if not for one more but!

In addition to personal income tax, your salary is subject to another 30% additional fees (according to the latest changes in the Tax Code of the Russian Federation).

• 22% must be given to the Pension Fund, which is as much as 11,000 rubles.
• 2.9% - to the Social Insurance Fund (1,450 rubles).
• 5.1% - to the Compulsory Medical Insurance Fund (2550 rubles).

Those. in fact, it turns out that in addition to the wages accrued to employees, the employer must give another third of it to the state. In our example, the employer will have to pay not 50,000, but all 65,000 rubles per employee.

Due to the huge tax burden, the employee will never receive the amount that the employer is willing to pay him. Since, if he can allocate only 50,000 for wages, then the employee will receive only 35,000 rubles directly (50 thousand - 30% of contributions). At the same time, the employee will receive even less, since 13% of income tax will be deducted from him, i.e. the real salary will be 30,450 rubles.

As you can see, when working for hire, a person actually loses almost half of the money he earns, since we are deducted monthly by 43%.

Pension savings are, of course, good, but there are plenty of alternative options. But we'll talk about them a little later.

» Self-employment

When working for yourself, you depend on a variety of circumstances. You do not have a fixed salary, and the amount of earnings depends only on you: on the number of clients, your professional qualities and ability to sell yourself, your services or products. At the same time, as mentioned above, income is practically unlimited, and there is an incentive to develop and increase your income.

In addition, the tax burden on private entrepreneurs is significantly lower than on an employee. Each individual entrepreneur working on the simplified taxation system (simplified taxation system) pays 6% from the income received (or 15% of the amount of income minus expenses). At the same time, in 2012, social contributions, according to the latest changes in the Tax Code, were reduced to 20% of income received (last year contributions accounted for 26%).

That is, if an entrepreneur earned 50,000 rubles, he is obliged to pay the state 3,000 rubles of the Unified Tax ( 6% ) and about 10,000 rubles in contributions to the Pension Fund (20%).

And even then, this amount will be less. Since ~10,000 rubles is an annual amount. If you break it down over 12 months, you get a monthly deduction in favor of the pension fund of about 830 rubles.

Thus, he will have about 46,000 rubles left. And this is noticeably more than 30,000 for an employee.

But an individual entrepreneur has one more thing in this regard advantageous advantage. The Tax Code allows you to reduce the amount of tax by the amount of contributions paid to the Pension Fund.

For example, you, as an entrepreneur, earned a million rubles in a year. In this case, the tax you will have to pay will be 60,000 rubles. Let’s imagine that the amount of contributions to the pension fund for the year amounted to 10,000 rubles (I don’t write the exact amount, since it changes every year), then you can subtract these 10,000 rubles from the accrued tax amount, i.e. out of 60,000 rubles and thus, the final tax amount will be only 50,000 rubles.

As for pensions, when working for yourself, you also make payments to the Pension Fund and have the right to receive from the state in the manner established for all citizens. In addition, by working for oneself and receiving a large salary, a person has the opportunity to independently save for old age.

You can even save 10%-30% of your income every month and, having accumulated a certain amount, invest the money in certain financial instruments, a person can earn a certain amount of capital in retirement. Even the simplest method - over 20-30 or more years, with regular replenishment, will allow you to make very impressive savings.

For riskier investors, there are many other options: , non-state Pension funds, etc. There are actually a lot of options, and everyone can choose the most suitable one for themselves.

By the way, if the words listed above seem difficult for you, then I recommend studying the ““ course, which will explain the essence of these financial instruments in a simple and accessible form, help you create your own and get a much more tangible income than investing in bank deposits.

Let's sum it up

For supporters of work for hire, main argument in favor of this option is a guaranteed salary and confidence in the future. However, no one guarantees you a job for life, situations develop in different ways: you can be fired, laid off, have your salary reduced, etc. So, upon closer examination, it turns out that guarantees and stability are illusory, since a person does not belong to himself.

At the same time, with the right approach to development, your business, after a certain time, brings good returns. Yes, your business requires constant attention, control and action. It's like giving birth to a small child. If you don’t work, no one will pay you, but you get self-satisfaction from the fact that your work is appreciated, and this is a good incentive for further development.

The main advantages of working for yourself:

1) Freedom and flexible work schedule. You can choose when to work. There is no boss behind you who demands the impossible from you. You choose who to work with, what work to take on, and who not to work with. However, if you are serious about your business and want to earn a good income, then you will have to work hard. The fact that you can play the fool and do nothing, and they will pay money for it, is a fairy tale.

2) Income growth. If a person is employed, then the increase in salary depends solely on the decision of the boss (in the best case, it will be indexed 1-2 times a year). When a person works for himself, the level of income depends only on him. That is, he worked a lot and got a lot, worked a little and got little. But you won’t have anyone to blame for this but yourself. You can decide how much you want to work and earn. Based on this, you set specific goals and move towards them.

3) Professional growth. When working for yourself, you are responsible for the results of your work. This is an incentive to develop, increase productivity and quality of your work. And along with quality, income also grows.

Of course, running your own business also has some disadvantages. The main thing is that all responsibility lies with you. And at first you will have to perform a lot of responsibilities. Often, a business will take much more of your time and effort than an employed job.

It's up to you to choose! However, the advantages of private entrepreneurship are obvious, and they significantly outweigh the disadvantages. You are the masters of your life. If you are ready to take on such responsibility and start your own business, go for it.

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Dispatch

Hello businessmen! What's up? How are you? For me it’s spring) Today I decided to raise such a serious and pressing topic as “opening my own business.” Naturally, it’s impossible to describe everything in one article! Here I would like to consider the main pros and cons of “owning my own business” and try to answer the question - Should I open my own business or continue to be hired?

Let me make a reservation right away that this material is more suitable for beginners in the topic of business - those who are tired or for other reasons do not want to work for hire and have decided to open their own business.

The advantages of your business

These are the advantages. Moreover, I put money in last place for a reason. The initial stage of doing business is not the most profitable, plus it takes some time to recoup the investment, and even if this is your first business, the payback period will clearly extend.

As a result, if the business is not big (for example, a small car wash, a mini-cafe, a business in a garage, etc.), then to break even it will take at least six months to a year. If we talk about large businesses, then the payback period can be 5 years or more...

Therefore, I would not recommend counting on wealth at first))

Cons of your business

As you can see, there are plenty of pros and cons. Therefore, before throwing myself into the pool headlong, I would carefully analyze and weigh all the pros and cons.

Among my friends there are those who neglected all these factors and hastened to implement their not-so-new and promising idea. The results were mediocre. One comrade simply could not establish at least some processes, everything stopped at the stage of searching for clients, while another completely went bankrupt!

Of course, there are also “crazy” adventurers who will not only dive into the pool, but also boil it thoroughly)) And many of these launch innovative and successful startups. But, it seems to me, the percentage of such geniuses is extremely small, and I am clearly not like that: I more often analyze and carefully weigh. That’s why I give advice from my bell tower.

• The best option is to start your own business in parallel with your main job. Market analysis, searching for potential clients, developing a business plan, an experimental sample of a product or service, even first sales - all this can be done while combining your main place of work. After all, they pay a salary there, and a regular income at the start of a business will not be superfluous at all!
• It’s very good if you start organizing your business while in a leadership position. Even if there is an option to work as a boss, but for the “same” money and with a larger range of tasks - agree! You will gain experience that will be very useful!
• If the planned business does not require significant investments, it is better to try to set aside the Nth amount in advance. A little at a time, but put it aside. This money will always come in handy)) As an example, if you put aside 10,000 rubles from your salary every month, then in half a year you will get 60,000. This is quite enough for many home or garage ideas.
• In continuation of the previous point, try not to take loans. Of course, if a large-scale project is planned, then it is rarely possible without investments and loans. But if you want to start producing custom-carved furniture in your garage, then 60 thousand of your set aside funds is just enough for a minimum set of tools.
• Be sure to plan, write down and count everything! If you don’t have such skills and habits, then start developing them. You can't keep everything in your head. It is a fact. There is a lot of good literature on the topic of planning; you can buy a good book at any bookstore.

  Well planned is half done

• Try to find companions. It’s still difficult for one person, especially if you’ve never had such experience and haven’t worked as a top manager. Perhaps someone you know would like to do the same thing, or there is a specialist who can be brought in on a partnership basis.
• Start to form yourself. Perhaps many will neglect this advice, but many have never read business literature, have not thought about planning personal time, calculating personal finances, or attended seminars or trainings. Without all this, even if you manage to start car repairs in the garage, you won’t get further than an inspection hole and a set of keys!

So should I open it or not?

I think so. If you are an initiative person, purposeful, with your own specific opinion, who has not 1-2, but many ideas, and the thought of your business comes to your head more and more often, then it’s definitely worth a try. But! Be sure to take into account the above: having thought it through well, planned it, saved some money, and combined it with your main job.

But once you start, just move forward! Believe, live your business to the last!

And for starters, although not entirely on the topic of starting a business, an interesting conversation.

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

It can be:

• carrying out an advertising campaign;
• renovation of premises;
• improvement of the territory;
• transport services and many others.

In such cases, new employees are hired under a temporary contract, called an employee contract. It has a number of advantages for the employer compared to open-ended employment relationships. 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 disputed. When drafting it, special attention 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 agreement is a document establishing 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. In this case, both contracting parties have equal rights; in such relations, the performer 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; labor regulations do not apply to him. The contractor has the right to independently organize the workplace, and in some cases, determine its location. The order execution schedule is agreed upon and may have deviations 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 a reward, not a salary. The payment schedule is agreed upon in the document. As a rule, remuneration is paid upon acceptance of the completed order, but advance payment of labor is also allowed, in accordance with certain stages of performance.

pros

Hiring gives the company the following advantages:

• the procedure for temporary employment of a performer is simplified;
• the remuneration is transferred in its entirety, mainly 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 his job is not retained.

The hired employee also receives certain benefits:

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

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

Minuses

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

When applying to the judicial authorities, the employment contract is sometimes forcibly replaced with an employment contract, so employers try to avoid such cases, because The company is obligated to pay taxes and insurance premiums, as well as provide the employee with all required social guarantees.

For a performer, work for hire 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 performer’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 liability to the employee. An employee should think about whether he needs a job that will bring only temporary income, but in a difficult situation will not provide social guarantees.

An employee cannot foresee the occurrence of temporary disability during the performance of work functions. When agreeing to a temporary relationship, you must remember that the employer will not provide financial support in unforeseen situations.

Agreement between private individuals

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

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

Differences from labor relations

An employee employment agreement has a number of significant differences from an employment agreement.

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

A temporary civil contract is partially beneficial not only to the enterprise, but also to the employee. It is important that its form is drawn up legally, 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.

Employment of workers can occur in two ways - with a note in the work book, or an employment contract is concluded without registration. Both of these processes are legal and regulated by the constitution. Each of them has its own advantages and, accordingly, disadvantages for both parties, both the employer and the employee.

Recently, employers have begun to more often employ employees under an employment contract rather than under an employment contract. Workers, in turn, began to feel less protected. Absence raises doubts about the employer and does not give confidence in the future. When an employment contract is concluded without a work book, such relationships can hardly be called working.

The main difference between such a contract and an employment contract is that these documents are regulated by different laws. The employment contract is the Labor Code, while the employment contract is the Civil Code of the Russian Federation. Both documents have legal force.

Many are worried about pension contributions, that if an entry is not made in the work book, then they will not be made. The employer undertakes to make pension contributions under any terms of the contract. This is a mandatory clause; without it, employment will be illegal.

Why employers prefer this type of contract:

• Place of work, materials and daily routine are established by agreement with the employee
• There is no need to pay social tax for the employee
• No need and vacation
• You may miss out on bonus points
• It is possible to be exempt from contributions to the employee’s social insurance

However, not everything is so smooth for the employer; there are also disadvantages:

• The employer does not have the right to punish the performer of the work for violating the regulations.
• The contractor has the right to recognize the employment contract through the court as labor
• The tenancy agreement assumes equality of the parties. And they are called “Contractor” and “Customer”
• You cannot hire an employee with a contract of employment

As for the employee, there are still disadvantages for him that are provided for by the Labor Code of the Russian Federation, but are not mentioned in the Civil Code. These include:

1. There is no provision for vacation paid by the employer.
2. The contract is concluded for a certain period, after which the employer has the right to remove the contractor from business. Also, the employer unilaterally has the right to terminate the contract at any time without warning.
3. When going on maternity leave, an employee will not receive benefits.
4. If an employee does not submit work on time, the employer has the right to deprive him of his salary.
5. If you are injured at work, the employer is not liable. There will be no payments. Moreover, sick leave will not be paid either.
6. There will be no additional payments beyond what is specified in the contract.
7. No benefits will be paid upon termination.
8. Experience is not taken into account.

For these reasons, workers do not seek to get a job under such an agreement. With a full social package, there is confidence that one day the employee will not be left without work and a penny in his pocket. The employment agreement is aimed at providing the employee with activities, and the employment agreement is aimed at obtaining the result of the performer’s work.

1. At the top is the name and number, the place in which it is located, and the exact date.
2. Next comes the preamble. It specifies the main aspects of the contract, provides information about the parties and the purposes of concluding the contract.
3. Must be indicated.
4. Then the types, volumes of work provided, and working conditions are prescribed.
5. The next paragraph specifies the amount and terms of payment.
6. The following describes the obligations of the parties.
7. Indication of the conditions under which the contract is terminated unilaterally.
8. The amounts and conditions of penalties are prescribed.
9. Information of the contractor and the customer indicating contact details.
10. At the bottom of the document, the parties put their signatures and seals.

In all of the above points, you need to describe each point in detail. Thus, the working conditions clause specifically indicates working hours, place, conditions of internships, training and education, and the nature of payment for the duration of the training. The payment clause must clearly indicate the payment procedure, frequency, quantity, possible incentive payments, etc.

The responsibilities of the parties involved must take into account all aspects, from presence at the workplace to the respectful attitude of superiors towards subordinates.

In addition to the listed points, the employer and employee can add additional sections as agreed upon by each other. This could be, for example, issues of providing workwear. If this document is executed incorrectly in any of the points, it will lose legal force.

To draw up an employment contract without applying for a job, the form can be downloaded on the Internet. Then it needs to be edited according to the wishes of the contractor and the customer, insert the data of the parties, print it out, put signatures, stamps and that’s it. Within three days after the conclusion of such a contract, the employer is forced to draw up and provide it to the employee for signature.

Agreement between individuals

In some cases, there is a moment when work will be performed by an individual for an individual. The law does not prohibit the conclusion of documents of this kind. Most often, employees encounter this type of contract when working temporarily or casually. The document must indicate exact numbers: the date and duration of the agreement.

In the case where the contract is concluded by individuals, then it must be registered with the executive committee.

As much contact information as possible between the customer and the contractor should also be indicated. This is necessary so that if something happens, you can find an employee or employer.

To protect yourself on the part of the employee, it is necessary to enter into an agreement with a legal entity. Then, in the event of a conflict situation, it will be easier to achieve justice. between individuals is least protected from the legal side. Because everyone is responsible for themselves.

Employment agreement between an individual entrepreneur and an individual. face

When an agreement is concluded between an individual entrepreneur and an individual, where the individual entrepreneur is the customer, there are also some nuances:

• The customer may refuse to pay pension and insurance contributions
• The customer may also not pay sick leave and
• An individual entrepreneur can legally withhold wages
• An employee who has gone on maternity leave is not retained a position and, accordingly, maternity benefits are not paid.
• The customer is not obliged to provide an equipped workplace to the contractor

This document regulates the work activity of the performer for the remuneration specified in it. An individual entrepreneur reserves the right to pay additional and other incentives or not. An employer entering into an agreement with an individual is required to make tax payments on the individual’s income.

On the other hand, no one guarantees that the contractor will perform the work properly and will not unilaterally terminate the contract at any time. The employee sets his own hours and place of work. Therefore, the customer has no right to demand his presence in the office at a certain time.

In the case where the entrepreneur acts as a performer of work, the employment contract for an individual entrepreneur implies the absence of tax payments. An individual entrepreneur hired as a performer pays his taxes to the state himself. In this case, the customer exempts himself from additional deductions.

Is a working relationship valid without an entry in the work book?

The law of the Russian Federation provides that labor relations can only be established if this is indicated in the official document of each employee - in the labor contract. In the case where it is the main place of employment for the employee, he performs more than one-time work, then such labor relations are illegal without proper marks in the book. If an employee is hired under a contract to perform temporary or one-time work, or with the main place of work, then no entry is made in the employment record.

If an employee is employed full-time, even under a temporary contract, the employer is required to make an entry in the work book. If he has not done this, then the employee can safely go to the labor inspectorate against the employer’s illegal actions.

An employment contract does not provide social guarantees to the employee, but is very economical for the employer. On the other hand, in this case, no one gives the employer guarantees that the employee will properly perform his duties. Legally, such a document is valid, but does not provide labor freedom and security.

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