Is it possible to work remotely under an employment contract?

Question

Distant work

They offer remote, but only under a civil law contract or individual entrepreneur.
How do they differ from a regular employment contract and that the company is not able to conclude a TD with a remote employee?
What problems and risks are there when working under a civil law contract?

Answer 1

it’s more difficult to fire
+ usually they are remote to minimize tax, otherwise it makes no sense

Answer 2

You can conclude an employment contract with a remote worker. Chapter 49.1 of the Labor Code of the Russian Federation is regulated.
If we are talking about GPA or IP, then the point here is not about saving, but about not entering into a labor contract. This may mean either the absence of vacancies in the state, when they can only apply for the GPA, or to terminate the contract at any time.
The difference in tax between labor and civil law is only in the FSS. That is, the employer must pay not 30% of the salary, but 27.1%. The savings are small.
The main risks under a civil law contract - they may not pay the money (the work will not be accepted), or pay in six months, there may be a high responsibility, for example, for failure to meet deadlines. And you can cancel at any time.
And in terms of labor - they are required to pay salaries, and twice a month, it is very difficult to fire them.
So if you want to work there and conclude a GPA, then carefully read the subject of the contract, how the work is accepted, in what terms they will be paid, your responsibility

Answer 3

1. It is possible
2. The company does not need to pay contributions
3. It is easier to dismiss under the GPA - the contract is fulfilled, we disagree
But there are also difficulties:
Quote from here: https://rusjurist.ru/dogovory/grazhdanskopravovoj_... Adverse consequences of recognizing the
GPA as an employment contract
Failure to comply with these conditions may result in adverse consequences. Most often, they are:
additional accrual of contributions to the FSS based on the results of a tax audit (decree of the AC VSO dated 07.10.2015 in case No. A33-15861 / 2014);
the obligation to compensate the employee for payments due to him related to ungranted holidays (appeal ruling of the Magadan Regional Court dated June 21, 2016 in case No. 2-1541/2016, 33-525/2016);
compensation for non-pecuniary damage to an employee under Art. 237 of the Labor Code of the Russian Federation (see, for example, the appeal ruling of the Krasnoyarsk Regional Court dated June 21, 2017 in case No. 33-7997 / 2017);
administrative responsibility under paragraph 4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.
In general, they want to protect themselves and save money at the same time. Whether you agree or not can't be said without knowing your situation.