Generals of contract of work and labour http://www.dustprimer.com/ However much a legislation can set the special subject composition of agreement of providing of services, depending on character of services Sat, 25 Jul 2009 11:02:42 +0200 en-ru MaxSite CMS (http://max-3000.com/) Copyright 2012, http://www.dustprimer.com/ <![CDATA[SURVIVAL ]]> http://www.dustprimer.com/page/survival http://www.dustprimer.com/page/survival Sat, 25 Jul 2009 11:02:42 +0200 Probe the process of division deeper. That does persons, to begin to live? He moves away from a mother, giving birth. Further the process of division proceeds unceasingly. At first he dissociates the floor from opposite, then creates I, which to other world. Man, to save itself and it I, all time separates and itself.

And remember, what over any your separation brings to the origin of sense of guilt? It turns out that one guilt is folded with other, with the third et cetera.

That does persons, to survive? To be not ill, a man moves away from a cold. Being warm, he already dissociates itself from a cold. To save the life at illness, a man goes to the operation during which from him separate sick organs. On business these organs hurt only because he yet before moved away from them in the mind, contrasted them and itself. Why? Because there are motion and force in them, which | he denies. Example: privy parts.

To save the riches, a man moves away from money and lays them in a bank. Money lie in a that place, where much money, and he appears on other pole. Will notice in passing, that our people thought of another faithful method to dissociate itself from money: they keep money in currency. Money and currency is different things. Currency is valued, and money — no, they are easily outlaid therefore.

To save the property, a man is fenced off from the outer world thick walls and bolts. He with the treasures appears in one place, |and the world is a place of abundance and life — appears on other pole.

To save a person and not reputed , a woman refuses a man in a closeness, moves away from him. Now it with the person appears among other the same decent women, and man and that it is necessary from him, appear on other pole. On other pole to it him exactly not to get, but her face is stored.

To be not devoted, a man does not fall in love. More than all in the world a man need senses, not he places them after such wall, from where to him never not to get them. Senses bed from one side, and he — insensible — beds on the contrary.

The best method to be fenced off from something, be not something or by someone is to place itself in opposition. Will pay attention on word «survival» — to survive. That? Certainly, the opposition.

Walls into a mind are more reliable than all bolts, together taken. A man supposes that, becoming separated from, he survives, that guards and supports the life. Actually he survives the opposition, and remains with anything. It is named a survival.

WHEN YOU OT SOMETHING BECOME separated from, YOU by IT ANYMORE does not OWN ALREADY. YOU LOSE IT.

]]>
<![CDATA[Generals of contract of work and labour]]> http://www.dustprimer.com/page/generals-of-contract-of-work-and-labour http://www.dustprimer.com/page/generals-of-contract-of-work-and-labour Mon, 18 May 2009 15:57:54 +0200 Generals of contract of work and labour. By agreement there is one side - a contractor is obligated to execute certain work on the task of customer from his or materials, and other side - a customer is obligated to accept work and to pay it. Distinguish the followings types of contract of work and labour: domestic contract, build contract, on implementation of project and findings works, by contract works for state needs. The feature of contract of work and labour is a duty of contractor to execute work for the risk. It means that the risk of casual death of the article of contract, risk of casual delay or casual worsening, lies down on him. In this case, in spite of absence of guilt, his charges are not compensated a contractor.

Subject of agreement of contract:

The subject of agreement of contract is every work, creating transferrable a customer result, that includes the cases of processing of thing.

If an agreement is not foresee the duty of contractor to execute work personally, he is right to bring over to it other persons (subcontractor). In this case a contractor carries before a customer responsibility for losses, caused participation of subcontractor in execution an agreement, and before a subcontractor is responsibility for the nonperformance of obligations a customer under the contract of work and labour. A contractor has a right on withholding of result of works, if a customer will not pay a price.

Terms of contract of work and labour:

Establishment in the agreement of concrete terms is a substantial condition, as unachievement of consent on the terms of execution of works does an agreement unprisoners. In the contract of work and labour it is accepted to distinguish a moment began completions of work, and also intermediate terms. Requirement to pointing of terms behaves only to the initial and eventual terms.

Avoiding contract of contract:

Avoiding contract of contract is assumed, in a difference from general principles of avoiding contract, in an one-sided order by a customer at any time to handing over of result of works with a compensation the contractor of already executed labour costs, and also losses. In same queue a contractor is right to give up execution of agreement and claim damages only in the case of nonperformance of meetings obligations a customer under an agreement, in particular ungrant of material, to the technical document.

Subject of agreement of the retribution providing of services:

On the nature the contracts of work and labour are similar with the agreements of the retribution providing of services, but the last have a row of of principle features. By agreement of providing of services a performer is obligated to accomplish certain actions or carry out certain activity which can not make a financial result (for example, favour of connection and videoservices, educational establishments), but can make. One general sign is inherent all services - the feasance of actions, not having financial embodiment is preceded a result, constituents together with him single unit. Therefore at providing of services there is for sale a not result, but actions, to him leading.

The sides of agreement of the retribution providing of services are a performer and customer, which both physical and legal persons can be. However much a legislation can set the special subject composition of agreement of providing of services, depending on character of services. So, for example. only a legal entity can be a performer by agreement of services of public-call connection and customer by agreement of providing of legal services.

Avoiding contract of the retribution providing of services.

Avoiding contract of the retribution providing of services possibly, unlike the contract of work and labour, in an one-sided order, both on initiative of customer and on initiative of performer.

]]>
<![CDATA[Bargains and sale are most widespread]]> http://www.dustprimer.com/page/bargains-and-sale-are-most-widespread http://www.dustprimer.com/page/bargains-and-sale-are-most-widespread Mon, 18 May 2009 15:54:31 +0200 Bargains and sale are most widespread in practice of economic activity of the Russian businessmen. By agreement of purchase-sale a salesman passes (or obligated to pass) a thing (commodity) in the propert of buyer, and a buyer accepts (obligated to accept) a thing (commodity) and to pay a certain an agreement money sum for it.

Civil Code of Russian FEDERATION selects seven types of bargains and sale: purchase-retail, supplying with commodities, supplying with commodities for state needs, contracting, energy supply, sale the real estate, sale of enterprise. Mainly all types of bargains and sale have a similar structure, but nevertheless there is a row of features on which note should be taken.

Subject of agreement:

By agreement of purchase-sale there can a commodity be any things, determined family signs or individual-certain.

Substantial for a bargain and sale are terms about the name and amount of commodity.

Purchase-retail:

The subject of agreement of purchase-retail can be only commodities, acquired for the personal, domestic or other consumption unconnected with entrepreneurial activity.

An agreement of purchase-retail is a public agreement, I.e. point-of-sale organization is under an obligation to conclude a treaty with each, who appealed to it, and not right to render a preference one person before other person. For all buyers an identical price and other terms is set. The special attention must be spared quality of transferrable commodity. A salesman is under an obligation to pass to the buyer a commodity quality of which is conditioned an agreement. Terms about quality at a purchase-retail require that consumer indexes, descriptions of quality were specified in a technical passport, on a label, packing, label. A commodity must be supplied information about the date of making, shelf-life, rules of the use, rules of storage. During realization of commodities at a purchase-retail must be abode by the use of control-cash machines (see below) and condition of collection of profit yield and storage of remain of cash on hand in a cashdesk.

Agreement of delivery:

Supplying with commodities is a type of bargain and sale. Supplying with commodities submits the general rules of purchase-sale, but has the considerable features.

Foremost the subject of agreement of delivery are commodities, in-use not for the personal use, but for entrepreneurial activity. By agreement a supplier-salesman, carrying out entrepreneurial activity, is obligated to pass in the conditioned term or terms producible or bought in by him commodities to the buyer for the use in entrepreneurial activity or in other aims, unconnected with the personal, domestic, domestic and by other similar use.

A substantial condition for the agreements of delivery are delivery dates. As a buyer uses the bought in commodities in entrepreneurial activity, sides must as possible more precisely define the chart of delivery and stipulate what document testifies data shipped.

To interest a buyer a salesman can set different discounts, for example, in the case of purchase of additional a consignment which can spread on additional party or on all bought in commodity. At establishment of prices on raw material and power mediums the best of all to use a sliding price, specifying what a final price, and also possible limit of its vibrations, will be set on the basis of. It can prevent losses, states of affairs of market caused a change in the moment of determination of final price.

A buyer must pay a commodity directly to or after a transmission to him commodity.

]]>
<![CDATA[Principle of freedom of agreement as basic]]> http://www.dustprimer.com/page/principle-of-freedom-of-agreement-as-basic http://www.dustprimer.com/page/principle-of-freedom-of-agreement-as-basic Mon, 18 May 2009 15:50:41 +0200  

An agreement, as certain agreement of sides (participants, contractors), is most often meeting foundation of origin of obligations. Preeminently by virtue of such agreement the participants of concrete relations have mutual right and duties, and this relation acquires a legal form - becomes an obligation.

Civil Code of Russian FEDERATION fastens principle of freedom of agreement as basic. It means that subjects are free:

to conclude or not enter into a contract;  to choose a partner by agreement (except for public agreements, when one side, salesman or performer, is under an obligation to conclude a treaty, for example, at a purchase-retail or domestic contract);

to choose a kind and conditions of the agreement (except for case, when maintenance of agreement is prescribed a law).

Terms which the agreement of sides is attained on make maintenance of agreement, and on the legal maintenance divided by substantial, ordinary and casual.

Substantial terms

The substantial are acknowledge terms which are needed for the conclusion of treaty.

To the substantial terms behave: terms about the subject of agreement - without determination of subject of agreement it is impossible to conclude not a single treaty; terms which are adopted in a law or other legal act as substantial; terms which are needed for the agreements of this kind (for example, an agreement about joint activity is impossible without determination of general economic purpose, and contract of insurance - without determination of accident insured); terms in relation to which on the statement of one of sides an agreement must be attained (for example, at the purchase of thing as a gift a substantial condition can be packing of commodity).

Without the concordance of substantial terms an agreement is considered uncelled.

Ordinary terms

In a difference from substantial, ordinary terms do not need concordance of sides. Ordinary terms are foreseen a legislation and enter into an action from the moment of conclusion of agreement. At the same time, if sides do not wish to enter into a contract on ordinary terms, they can plug in maintenance of agreement points, abolishing or changing ordinary terms, on condition that the last are certain a non-mandatory norm, I.e. by a norm, determined at discretion of sides.

A price behaves to the ordinary terms of retribution agreements, an exception are contracts of tenancy of the real estate, purchase-sale the real estate and enterprises for which a price is a substantial condition, that straight foreseen by a law. If in an agreement a price is not certain, then a price, which under comparable circumstances usually levies for analogical commodities, services, can be used.

It is necessary to have because of, that a price in an agreement can be shown in roubles, in currency or in conditional units. In spite of the fact that Civil Code gives a right to express (only to express, but not to pay) the bills of debt in currency or conditional units, many businessmen rarely use a currency clause in agreements. In this connection prohibitions of local-authorities to express price-lists in shops in conditional units or in foreign currency appears litigions enough, as a price-list in a shop is a condition about the cost of bargain and sale.

Casual terms

Name terms which change or complement ordinary terms casual. They join in text of agreement at discretion of sides and acquire legal force only in the case of their plugging in an agreement.

For the conclusion of treaty it is necessary to co-ordinate all his substantial terms in the required form. In obedience to a legislation, an agreement can be celled in any form, both verbal and writing, if a law is not set a certain form. So, the agreement of property найма between citizens within 1 years can be celled in oral, but if sides arranged, that he would be celled in writing, then to giving the agreement of writing form he can not be considered prisoners. Some agreements on the folded practice consist only in a verbal form, for example agreement of purchase-retail, agreement of domestic contract.

]]>
<![CDATA[employer to set a trial period for new employees]]> http://www.dustprimer.com/page/employer-to-set-a-trial-period-for-new-employees http://www.dustprimer.com/page/employer-to-set-a-trial-period-for-new-employees Mon, 18 May 2009 15:47:56 +0200  

Trial period:

Article 21 KZoT allows an employer to set a trial period for new employees within three months. Terms at a trial period must be expressly expounded in Order about a reception on work, and also plugged in a labour contract. Certain categories are exempt from such trial periods.

If at the end of trial period you are not satisfied work of new employee, you must sign an order about his formal discharge.

A worker has no authority on the receipt of discharge pay, if он/она retires to expiration of this term. The other right and duties, stipulated in labour Code, however, are still applicable to the worker during a trial period. Moreover, labour Code avouches for a worker at a discharge right for a serve on an appeal in a district (municipal) court. In many cases is it is easy to let a worker to go away of own free will.

Remind: If you do not sign such order, and a worker continues work, he is automatically considered accepted on permanent work on the basis of labour contract.

Persons, not attaining 18 years, youths workers after completion of PTU, young specialists after completion of the higher and middle special educational establishments must not be exposed to the trial period. In addition, a trial period is not set at a reception on work in other locality, translation on other enterprise, in establishment or organization.

Stopping of action of contracts

After expiration of term of labour contract on condition that neither an employer nor worker legalistically did not make off labour mutual relations (presence signed an order or statement about a care), a contract is considered prolonged for indefinite term (Article 30).

Foundation for stopping of contract is expounded in the Article 29, п. 1-7, Articles of 31 and 32 (by a worker) and Article 33 (by an employer).

Temporaries and workings incomplete workday

Contracts can be signed for indefinite term, certain term to five years, or in a time of implementation of certain project (Article 17).

Temporaries and workings have an incomplete workday those right and duties, what workers at full employment. The unique distinction are a term of work or amount of clock in a week (and, accordingly, in a salary), that must be indicated in a labour contract. These terms must be expressly expounded in an order and contract, prisoner with a worker.

As well as for workers on full employment, stopping of contract with temporal and partly busy employees must be marked an administrative order.

Indemnification

Will define the level of indemnification beforehand. The salary of workers must correspond quality of their work; and in the case of leading positions of Company on the whole. For example, the employees of department of sales can get more low pay-envelope, than administrative employees, but here to get commissions and bonuses for the increase of volume of sales and bringing in of new clients.

Subcontractors

Contracts with subcontractors is the article of the Civil code; articles and positions, contained in them does not relate by him to Code laws on labour. Sledstvenno during work with subcontractors, employers must not give annual vacations and pay a manual by reason of temporal disability.

]]>