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Publication date: 28.05.2024
Lawyer
Resident Diia.City employees and gig specialists: what's the difference?
Diia.City is an innovative legal regime for the development of the digital economy in Ukraine, which offers resident companies unique opportunities to attract talent and specialists. One of the important features of Diia.City is the use of two different types of contracts for cooperation with specialists: labor contracts for workers and gig contracts for gig specialists. In this article, we will consider what is the difference between employees and resident gig specialists of Diia.City.
Employment contracts for Diia.City employees
Peculiarities of labor contracts
An employment contract is one of the forms of an employment contract concluded between a resident of Diia.City and his employee. This contract is aimed at providing conditions for initiative and independence of the employee, taking into account his individual abilities and professional skills.
The main provisions of the employment contract include:
The term of the contract: is determined by the agreement of the parties and can be both fixed-term and indefinite.
Rights and obligations of the parties: are established taking into account the individual characteristics of the employee.
Material support and organization of work: terms of payment, work schedule, opportunities for professional development, etc.
Terms of termination of the contract: include provisions for early termination of the contract by agreement of the parties or at the initiative of one of the parties.
Employee rights
Employees working under labor contracts have the right to social guarantees and protection in accordance with the labor legislation of Ukraine. This includes entitlement to paid vacation, sick leave, social security, and more.
Gig contracts for Diia.City gig specialists
Features of gig contracts
A gig contract is a special form of civil law contract concluded between a resident of Diia.City and a gig specialist. The main difference of the gig contract is the flexibility of the terms of cooperation, which allows you to attract specialists to perform specific tasks or projects.
The main provisions of the gig contract include:
Contract form: concluded in written or electronic form.
The validity period of the gig contract: is determined by the agreement of the parties and can be both fixed-term and indefinite.
Rights and obligations of the parties: established by agreement of the parties.
Remuneration of a gig specialist: determined by the terms of the contract and depends on the tasks performed.
Performance of functions under a gig contract
Services provided under a gig contract may include performing the functions of a certain position, in particular, the functions of a chief engineer or a responsible person who organizes work related to the protection of personal data. The conclusion and execution of a gig contract is not a gig specialist's entrepreneurial activity.
Settlement of disputes
Disputes between gig specialists and residents of Diia.City are dealt with in civil proceedings. This means that any disputes that arise during the performance of the gig contract are resolved under civil law, not labor law.
Conclusion
Residents of Diia.City have a unique opportunity to use various forms of cooperation with specialists, which allows them to effectively adapt to the needs of the market and ensure a high level of flexibility in personnel management. Employment contracts are suitable for permanent employees who need stable working conditions and social guarantees. Gig contracts, in turn, are an ideal solution for attracting specialists to project work or to perform specific tasks.
If you need help in preparing and concluding labor or gig contracts, contact the lawyers of Legal Marketplace Consultant LLC. Our specialists will provide you with professional advice and provide legal support, help in solving all issues related to the legal regime of Diia.City. Contact us for legal support at the border, professional advice and other legal assistance.
