How to calculate the volume of services provided. The ratio of the volume of services rendered to the average annual cost of fixed assets or MH. What is the cost of services - a general concept
Price is one of the most important economic categories. Goods are the object of purchase and sale transactions, that is, goods have a social value. The social value, represented in monetary terms, is the price of a commodity. The essence of the price is determined by two main theories.
The foundations of the first theory - the value theory of price - were laid by W. Petty, A. Smith and D. Riccardo. The value theory of price was consistently developed by Karl Marx within the framework of his doctrine of abstract labor as an objective substance of value. According to this theory, a product has a value and a price.
Value is socially useful labor realized in a commodity, and labor must correspond to the average conditions, productivity and intensity for the period under consideration. Each individual commodity is a result of labor, and accordingly has a certain value, which makes all commodities qualitatively homogeneous, that is, comparable and commensurate.
Moreover, within the framework of the value theory of price, labor embodied in goods also becomes qualitatively homogeneous, abstract labor.
The quantities of abstract labor reflected in the value of a commodity can be compared. By comparing the values \u200b\u200bof a commodity, and, consequently, the values \u200b\u200bof abstract labor, the objective proportions of the exchange and sale of goods are established.
According to Karl Marx's theory, price is a monetary expression of the value of a product. The price may not be the same as the value.
In the value theory of prices, the concepts of price and value are clearly distinguished. Cost is the objective basis for price.
The second theory states that the price is determined by the sum of financial costs with the most optimal way of using production resources. Moreover, the market price of a product is determined not so much depending on the financial costs of the manufacturer, as depending on the direct assessment of these costs in terms of utility by the buyer himself. Price is an independent, independent non-cost value, in the determination of which the buyer's assessment plays the main role, and not the manufacturer's financial costs. The price does not depend on the cost.
So, the first theory says that supply (value) determines price, and the second that demand (utility) determines price.
The price is a certain amount of money for which the seller is ready to sell the product, and the buyer is ready to purchase it.
The functions of price are only those external manifestations of properties that are characteristic of any price, regardless of its type.
Prices perform the following functions:
- 1. accounting function;
- 2. stimulating function;
Distribution function;
The function of establishing a balance between supply and demand;
Function of rational production allocation.
The accounting function is also called the function of accounting and measuring the costs of social labor. The price performs an accounting function, since by definition it is a monetary expression of value. The price shows how much it costs to meet a specific need for a specific product.
We will calculate the full services A and B for the annual program, we will make the calculation in the table (see appendix)
The annual volume of service A will amount to 217800 rubles, the annual volume of service B - 393600.
Total annual volume:
Tsa * Ka + Tsb + Kb (7),
CA - wholesale price of service A
Ka - service A annual program
Central bank - wholesale price of service B
KB - the annual volume of service B
Nanual \u003d 990 * 220 + 6560 * 60 \u003d 611400
Oy \u003d Kdn / m ∙ H, (9)
where Кдн / м - the number of days in a month;
H - the estimated number of hours occupied by the rental service.
We calculate the capital costs of ZKAP using the formula:
Zkap \u003d K + Osp, (10)
where K is capital investment, rubles;
OSR - working capital, rubles.
The formula for calculating revenue from the sale of services:
В \u003d Ц ∙ Оу, (11)
where C is the cost of the rental service, rubles / hour;
Opr - the volume of services provided for 1 month.
The formula for calculating current costs:
Ztek \u003d Zs.m + Rtr + AP + Rnak + Ozp + Rm + ZP, (12)
where Зсм - costs for raw materials and materials, rub.,
Rtr - transportation costs, rubles;
AP - rent, rub.,
Salary - wages, rubles;
НЗп - payroll charges, rubles;
Рм - marketing expenses, rubles;
Rnak - overhead costs, rub.
Taxable profit Pnal is calculated using the formula:
Pnal \u003d B - Ztek, (13)
where B - revenue from the sale of services, rubles;
Ztek - operating costs, rubles.
Income tax Npr is calculated according to the formula:
Npr \u003d IF (Pnal<0;0; Пнал *0,15), (14)
where Pnal - taxable profit, rubles;
0.15 - percentage of taxable profit,%.
The accumulated cash flow of the NAP for the first month is calculated using the formula:
NAPP \u003d PDN, (15)
where PDN is cash flow, rubles.
In the following months, we find the NAP by the formula:
NAPP \u003d NAPPred + PDN, (16)
where NPDNpred is the accumulated cash flow for the previous month, rubles.
PDN - cash flow, rubles.
The discounted cash flow of the CDF is calculated using the formula:
DPDN \u003d PDN ∙ k, (17)
where cash flow is the discounted cash flow, rubles;
k - discount factor.
The net present value of NPV for the first month is calculated using the formula:
ChTS \u003d DPDN, (18)
where cash flow is the discounted cash flow, rubles;
In the following months, we find the NPV by the formula:
ChTS \u003d ChTSpred + DPDN, (19)
where ChTSpred is the net present value for the previous month, rubles.
DPD - discounted cash flow, rubles.
The likelihood of each type of risk and the losses caused by them are different, therefore it is necessary to predict and, if possible, calculate.
Since any project has a certain degree of risk associated with various factors, the interval of the most probable range of change for each factor was selected:
1) a drop in demand for services, an increase in demand for services (-30%; + 10%);
2) price increase, price reduction (-20%; + 20%);
3) increase in costs, decrease in costs (-10%; + 20%);
4) reduction, increase in taxes (-20%; + 10%).
The calculated data obtained for all of the above factors are shown in tables 13-20.
Table 13 Decrease in the volume of services provided by 30%
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Index | |||||
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Volume of production | |||||
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Capital expenditures | |||||
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Current expenses | |||||
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Taxable profit | |||||
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Income tax | |||||
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Discount coefficient | |||||
Table 14 Increase in the volume of provided services 10%
For greater clarity, we will show the volume of services provided in the table.
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Services list |
unit of measurement |
Quantity, units |
Tariff, unit (rub.) |
Amount (RUB) |
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Basic services | |||||
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Outbound simple letter post processing (domestic / international) | |||||
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Processing of outgoing simple letter-post (domestic / international) to GPT | |||||
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Processing of outgoing plain letter post (domestic / international) to post offices | |||||
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Processing of outbound registered letter post (domestic / international) | |||||
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Processing of incoming registered letter-post (domestic / international) before GPT | |||||
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Processing of incoming registered letter post (domestic / international) to post offices | |||||
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Processing of outgoing letters and parcels with declared value (domestic / international) | |||||
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(domestic / international) to GPT | |||||
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Processing of incoming letters and parcels with declared value (domestic / international) to post offices | |||||
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Outbound parcel processing (domestic / international) | |||||
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Processing of incoming parcels (domestic / international) before GPT | |||||
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Processing incoming parcels (domestic / international) to the post office | |||||
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Insurance bag processing | |||||
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Handling letter-post insurance bag | |||||
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Printing bag processing | |||||
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Additional services | |||||
Number of staffPersonnel is the main staff of the organization. The number of personnel is determined by: scale, complexity, labor intensity of production processes, the degree of their mechanization, automation, computerization. These factors determine its normative (planned) value, which in practice is almost never achieved. Therefore, personnel are more objectively characterized by the headcount, i.e. the number of employees who are officially working in the organization at the moment. At present, the total number of personnel of the Chita MSC is 68 of them: · Management - 2 people. Administrative and managerial personnel (AUP) - 7 people · Main production - 59 people. The workforce is in constant flux due to the hiring of some employees and the firing of others. The process of their renewal is called turnover, or turnover. Allocate the turnover of personnel on admission and turnover of personnel on retirement. For our organization we will find: turnover of personnel on admission, turnover of personnel on retirement. As well as retirement rate, admission rate, employee turnover rate and staff stability rate. |
In budgetary institutions, the volume of services rendered is defined as bed-days in health care, the number of students in education.
Thus, the level of change in capital productivity testifies to the intensity of consumption of PFA in a budgetary institution.
The analysis of inventories is carried out by groups of inventories and in general. There are 6 groups:
Medicines and dressings
· Food
Combustible lubricants
· Construction Materials
Other inventories
· finished products
In the process of analyzing inventories, the following are carried out:
· Analysis of the structure of inventories;
· Analysis of the availability of material reserves of the institution;
· Motion analysis;
· Analysis of the efficiency of use;
· Analysis of compliance with the norms of expenditure of inventories.
The source of information is the balance sheet, an explanatory note, in particular, table No. 14. For different types of budgetary institutions, the direction of analysis of inventories may be different.
Analysis of the structure of the MH is determined by determining the proportion of individual groups of health care to the total cost of materials used for the year.
Analysis of the movement of material values a general characteristic of the movement of materials is made (an increase or decrease in balances), a comparison of the amounts of balances with materials spent for the needs of the institution for the year.
The change in the remnants of the MH occurs as a result of their movement (receipt and disposal), therefore it is necessary to assess the sources of receipt and directions of disposal of materials. The balances of materials can increase due to the acquisition (main source), gratuitous receipts, posting surpluses revealed as a result of inventory, posting materials received from the liquidation of fixed assets, transfer of values \u200b\u200bfrom other groups. Decrease, respectively: spending (main direction) for the needs of the institution, retirement due to shortages, gratuitous transfer, sale.
Analysis of the movement of the MC can be made by item groups or by individual types of MC.
Analyze the structure and movement of the MH thousand roubles.
In the process of analyzing the security of the Ministry of Health the assessment of the fulfillment of the supply plan in terms of composition and volume is given. To do this, the actual volume of received MCs is compared with the needs for them in the context of certain types of materials. During the analysis, the level of material consumption is determined. The growth in material consumption can be associated with a decrease in the quality of service for the contingent, a change in the volume of services.
Material consumption is determined by dividing the consumed material cost per year by one unit of account. This uses the method of comparing data at the beginning and end of the year for different reporting periods.
Topic number 5:
Analysis of receivables and payables.
The execution of the estimate is associated with the implementation of expenses with suppliers, contractors and employees. Settlement operations should be completed at the end of the year, as the estimate is planned for the year. All calculations not completed by the end of the year are regarded as a violation of the right to execute the estimate. When analyzing the state of settlements, it is necessary to take into account the limitation period for debt collection (3 years).
The balance of budget execution, an explanatory note to the report (table 16), and a report on financial performance are used as sources of analysis. The report shows the difference between the amount of an increase in receivables and the amount of a decrease in receivables on the corresponding settlement accounts (account 0 205 00 000 "Settlements with receivables for income", 0 206 00 000 "Settlements on advances issued", 0 208 00 000 "Settlements with accountable persons ", 0 209 00 000" Settlements for shortages ", etc.)
In the course of the analysis, the data presented in the report and the explanatory note are verified. When debt changes, pay attention to its reality. In the process of analysis, the legality of the formation of debt, its state in comparison with the beginning of the year, its state at the end of the year (a downward trend is considered positive), composition, and terms of formation are checked.
Accounts receivable with an expired limitation period are written off the balance sheet to reduce income (financial result: the difference between transactions that reduce the value of net assets and transactions that reduce the value of net assets). Accounts receivable written off within 5 years should be recorded off the balance sheet.
Conclusion: accounts receivable is a negative factor, and its existence is worse than the presence of accounts payable.
Additionally:
Analysis of liabilities.
In their activities, budgetary institutions carry out settlement transactions with other institutions, enterprises, organizations, with the budget, workers and employees, therefore, mutual settlements arise, which may not be completed by the end of the reporting period. In connection with this, the institution will be on the balance sheet of receivables and payables.
Analyzed the data of the balance sheet f 0503130 in the context D and TO arrears in composition, structure. Also, a decoding of its condition and an explanation of the arisen debt under f. 0503160 "Explanatory note".
Change in structure D debt and its increase at the end of the year in comparison with the beginning indicates a deterioration in the state of the revenue side of the corresponding budget. Those. debtors do not return funds to the budget for our services. Consequently, the amounts for the distribution of budgetary appropriations and limits of budgetary obligations allocated to the recipients of budgetary funds by the financial authority may not be fully formed in the single budget account. There is a need to attract sources of financing the budget deficit And our debtors use budgetary funds.
After a general acquaintance with the composition, structure and change of accounts receivable, it is necessary to assess it in terms of its real value, since not all of it can be collected. The accounting risk is that past experience may not be an adequate measure of future loss, or current conditions may only be partially accounted for. As a result, losses can be substantial. The analyst needs to know the reality and correctness of the design and determine the probability of return D debt.
The calculation of the percentage of non-repayment of debts is based on average data over several years. However, it cannot be mechanically extended to the period under study. It is necessary to take into account the real conditions, for example, the emerging trend of growth in the percentage of non-return.
In the process of analysis, it is important to study quality and liquidity. D debt. Quality is understood as the likelihood of receiving this debt in full. Its indicator is the term of the debt formation. The longer the period from the beginning of the formation of debt, the less likely it will be claimed. The limitation period is set at three years for all legal entities. and physical persons
TO the debt of the institution represents various forms of attracting money from other institutions and organizations into circulation. To confirm the accuracy of information about TO debts by type and terms are studied contracts, the accuracy of records in debt obligations and information about payment. It is important to avoid late payments, as this leads to both penalties and disruption of business relationships.
The analysis takes into account the presence of debt for each type of settlement on the reporting date, its change in comparison with the beginning of the reporting period, i.e. studying the composition and structure TO debt.
After studying the composition, structure and changes of arrears, it is necessary to conduct a comparative analysis at the end of the year in order to determine the excess of one over the other and to determine the presence of mobilization or immobilization of budget funds. If D debt is higher TO,then this situation entails a deterioration in the financial situation. In this case, it is necessary to strengthen control over the formation and reclamation of D arrears within the time limits established by law.
Analysis of receivables and payables.
Trace the trend of changes in debt, check the reality of the occurrence of debt.
Topic number 6:
Analysis of the report on the execution of the budget f 0503127.
Budgetary institutions make their expenses in strict accordance with the approved budget. Cost accounting and reporting is carried out in the context of budget indicators. The analysis of expenses approved by the estimate and executed in the reporting year is carried out in a similar way.
In the process of analysis, the sources of the formation of funds (income) and the direction, composition and structure of expenses are considered. Materials used in the analysis of estimates, balance sheet and budget execution report, explanatory note, materials of past audits, accounting data (for the structure of the budget execution report, see topic No. 1).
When analyzing, first of all, the composition and structure of income and expenses is studied. According to the reports of the main managers, the changes made in expenses for the reporting period and the reasons for the changes are considered. Information about the change is presented in the explanatory note (table of form 0503163 "Information about the change in the budget list of the main manager of budget funds").
In the process of analyzing expenditures, they are grouped by functional and economic classification codes, in addition, independent and independent of the indicators of the states and contingents.
The analysis of budget execution in budgetary institutions is carried out according to the following plan:
1. study of the composition and structure of expenses;
2. study of the reasons causing the deviation of the execution of expenses from the estimated assignments;
3.analysis of the effectiveness of the use of funds based on production indicators
4. analysis of compliance with cash and in-kind expenditure rates.
The analysis of the composition and structure of costs is carried out by determining the proportion of each type of material to the total cost of weight. Their compilation is checked with the indicators of the estimate and the previous year.
Analysis of the composition and structure of expenses.
An important criterion for the execution of the estimate is the effectiveness of the use of methods of funds in calculations based on the production indicators of the institution. The average consumption is determined on the content of the unit of measure of the network or the amount of work. This indicator is counted for each expense code and for the total of expenses. According to these statements, the average expense is calculated by the indicators "approved" and by the indicators "executed" by dividing the amount of expenses by the corresponding indicator. The data on the average size of the budgetary funds per unit of use is used to assess the change in the level of expenditures compared to the previous period with indicators of other institutions and with estimates. They characterize the quality of the institution's work. By the level of average expenditure, one can judge the structure of expenses for services for the services of a budget institution. For a deeper analysis in identifying significant deviations for certain types of expenses, it is advisable to consider the influence of factors on the change in the item of expenses.
Analysis of the implementation of expenses.
| Expense code | The amount of expenses according to the estimate | Executed on report | Deviation | |||
| in rubles | in average for one bed | in rubles | in average for one bed | in rubles | in average for one bed | |
| 17,5 | ||||||
| Total |
The average annual number of beds according to the plan is 380;
The average annual number of beds in fact is 370.
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Volume of services provided
I entered into an agreement for the provision of paid medical services, these services were not provided to me in full, they did not recalculate, the money was not returned. How to make a claim correctly?
The claim is written on the basis of Article 29 of the Law of the Russian Federation On Protection of Consumer Rights. The requirements in the legislation neither to the form nor to the content of the claim are not established.Therefore, write in any form, with reference to the clauses of the agreement on the provision of services, Article 779 of the Civil Code of the Russian Federation.
Good afternoon! It is necessary to draw up a claim with links to the Federal Law "On Protection of Consumer Rights". If you have never made a claim before, I recommend that you contact a lawyer. I can also advise you to contact the local branch of Rospotrebnadzor and they can help you make such a claim for free.
Good afternoon, it is advisable for you to contact a lawyer on our website, including me or any other lawyer (on a reimbursable basis in accordance with Article 779 of the Civil Code of the Russian Federation), so that he can familiarize himself with your contract for the provision of paid medical services and correctly draw up claim.
Hello, a site visitor in your situation, make a claim in accordance with Article 29 of the Federal Law-2300-1 for detailed advice, please contact any lawyer of the site in personal messages Law of the Russian Federation of 07.02.1992 N 2300-1 (as amended on 04.06.2018) " On the protection of consumer rights "Article 29. Consumer rights upon detection of defects in the work performed (service provided) 1. The consumer, upon detection of defects in the work performed (service provided), has the right to demand at his choice: free elimination of the defects of the work performed (service provided); a corresponding reduction in the price of the work performed (services rendered); making another thing free of charge from a homogeneous material of the same quality or re-performing work. In this case, the consumer is obliged to return the thing previously transferred to him by the performer; reimbursement of the costs incurred by him to eliminate the shortcomings of the work performed (service rendered) on his own or by third parties. Satisfaction of the consumer's claims for the gratuitous elimination of defects, for the manufacture of another thing or for the repeated performance of work (provision of a service) does not relieve the performer from liability in the form of a penalty for violation of the deadline for completing the performance of work (provision of a service) (as amended by the Federal Law of 17.12.1999 N 212-FZ) (see the text in the previous edition) The consumer has the right to refuse to fulfill the contract for the performance of work (provision of the service) and demand full compensation for losses if, within the period specified by the specified contract, the shortcomings of the performed works (services rendered) were not eliminated by the contractor. The consumer also has the right to refuse to fulfill the contract on the performance of work (provision of services) if he or she discovered significant shortcomings in the work performed (provided services) or other significant deviations from the terms of the contract. (as amended by Federal Law of 21.12.2004 N 171-FZ) (see the text in the previous edition) The consumer also has the right to demand full compensation for losses caused to him in connection with the defects of the work performed (service provided). Losses are reimbursed within the time frame established to meet the relevant consumer requirements. 2. The price of the work performed (service rendered) returned to the consumer in case of refusal to fulfill the contract on the performance of the work (service), as well as taken into account when the price of the work performed (service rendered) is reduced, is determined in accordance with paragraphs 3, 4 and 5 of Article 24 of this Law. (as amended by Federal Law of 21. 12.2004 N 171-FZ) (see the text in the previous edition) 3. Claims related to defects in the work performed (service provided) may be presented upon acceptance of the work performed (service provided) or in the course of the work (service provision), or, if it is impossible to detect deficiencies in the acceptance of the work performed (service rendered), within the time limits established by this paragraph. The consumer has the right to make claims related to defects in the work performed (service rendered) if they are discovered during the warranty period, and in its absence within a reasonable time, within two years from the date of acceptance of the work performed (service rendered) or five years in relation to defects in a building and other real estate. (Clause 3 as amended by Federal Law of 17.12.1999 N 212-FZ) (see the text in the previous edition) 4. The Contractor is responsible for defects in the work (service) for which the warranty period is not established, if the consumer proves that they arose before its adoption by him or for reasons that arose up to this moment. In relation to the work (service) for which the warranty period is set, the contractor is responsible for its shortcomings, unless he proves that they arose after the acceptance of the work (service) by the consumer due to his violation of the rules for using the result of the work (service), actions of third parties or force majeure ... (Clause 4 was introduced by Federal Law No. 212-FZ of 17.12.1999) 5. In cases where the warranty period provided for by the contract is less than two years (five years for real estate) and defects in work (services) are discovered by the consumer after the warranty period, but within two years (five years for real estate), the consumer has the right to present the requirements provided for in paragraph 1 of this article if he proves that such shortcomings arose before he accepted the result of the work (service) or for reasons that arose before that moment. (Clause 5 was introduced by the Federal Law of December 17, 1999 N 212-FZ) 6. In case of revealing significant deficiencies in the work (service), the consumer has the right to present the contractor with a claim for gratuitous elimination of the deficiencies if he proves that the deficiencies arose before he accepted the result of the work (services ) or for reasons that have arisen up to this point. This requirement may be made if such defects are discovered after two years (five years in relation to real estate) from the date of acceptance of the result of the work (service), but within the service life established for the result of the work (service) or within ten years from the date acceptance of the result of work (service) by the consumer, if the service life is not established. If this requirement is not satisfied within twenty days from the date of its presentation by the consumer or the discovered defect is unrecoverable, the consumer, at his choice, has the right to demand: (as amended by the Federal Law of 17.12.1999 N 212-FZ) (see the text in the previous edition) a corresponding reduction in the price for the work performed (service rendered); reimbursement of expenses incurred by him to eliminate defects in the work performed (service rendered) on his own or by third parties; refusal to fulfill an agreement on the performance of work (provision of services) and compensation for losses.
That how to take money for half the services rendered. Back in mid-May, on the Avito website, I found an ad on the Avito website "I make furniture to order" and called the specified number. A young man came. I made measurements of the kitchen. I needed a kitchen set. I chose a color and said which one I need. We discussed the price. Everything suited me. The master demanded an advance payment of 50 thousand. I transferred money to him on the card of his wife. He wrote me a receipt. That he borrowed 50 thousand and undertakes to return it within a month. I did not make a contract for the manufacture of the kitchen. But after a month there was no kitchen or money. Introduced on June 18th with kitchen frames and facades. Installed. Promising to finish the job in a week. After waiting 2 weeks, we started calling him. but the master did not answer the phone calls. We wrote a statement about the fact of fraud to the police. But the police are silent. Most likely, the initiation of the case will be refused. Please tell me how to proceed. We no longer need this kitchen. Its imperfections cause us great inconvenience. Can we get your money back?
Collect money in court. You can also recover legal costs (for example, costs of drawing up a statement of claim) and a penalty for late execution. If you collect with a penalty, then the claim must be filed with the district court.
How can you punish a paid clinic for the service they have provided not in full, so that they come to them twice, three times ... and leave money.
Hello! Write a complaint or express a complaint from the heads to the doctor of the department of a paid clinic about what you were so dissatisfied with. Or a complaint about a violation of medical instructions, which can lead to the initiation of a civil case, where and express your discontent. Best wishes to you!
I work for a telephone service organization. We work in the city on request. Objects are often located at a remote distance, up to 6 km. Recently, the employer has refused to provide transport for delivery to the work site. Is the employer obliged to arrange delivery to the work site? Are there any standards?
Obliged only if in the employment contract this obligation was fixed (Article 57 of the Labor Code of the Russian Federation), Or in a position of some kind (Article 8 of the Labor Code of the Russian Federation) And the law as a whole does not oblige. That is, at the level of the law, no standards have been defined.
Hello, the employer is not obligated to arrange delivery. but m can do it. see the local legal acts of the organization Collective agreement and others and the "Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on 07/03/2016) (as amended and supplemented, entered into force on July 31, 2016) Good luck and all the best.
No, he is not obliged, but if he does not provide, then he is obliged to pay the travel expenses to the places where the work is performed, if they are located at a distance from your main place of work. This general obligation for the employer in Art. 22 of the Labor Code of the Russian Federation, which states that the employer is obliged to provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties;
See the terms and conditions in the employment contract. Labor Code of the Russian Federation, Article 57. Content of the employment contract (as amended by Federal Law of 30.06.2006 N 90-FZ) (see the text in the previous edition) Guides on personnel issues and labor disputes. Application of Art. 57 of the Labor Code of the Russian Federation The employment contract specifies: the surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into the employment contract; information about the identity documents of the employee and employer - an individual; taxpayer identification number (for employers, except for employers who are individuals who are not individual entrepreneurs); information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate powers; place and date of the conclusion of the employment contract. The following conditions are mandatory for inclusion in an employment contract: place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another locality, the place of work with an indication of the separate structural unit and its location; labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee). If, in accordance with this Code, other federal laws, the provision of compensations and benefits or the existence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in accordance with the procedure established by the Government of the Russian Federation, or the corresponding provisions of professional standards; (as amended by Federal Laws of 28.02.2008 N 13-FZ, of 03.12.2012 N 236-FZ) (see the text in the previous edition) the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also its term actions and circumstances (reasons) that served as the basis for the conclusion of a fixed-term employment contract in accordance with this Code or other federal law; terms of remuneration (including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments); working hours and rest hours (if for this employee it differs from the general rules in force for this employer); guarantees and compensation for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace; (as amended by Federal Law of 28.12.2013 N 421-FZ) (see the text in the previous edition) the conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work); working conditions at the workplace; (the paragraph was introduced by Federal Law No. 421-FZ of 28.12.2013) a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws; other conditions in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms. If, when concluding an employment contract, it did not include any information and (or) conditions from the number provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate written agreement of the parties, which are an integral part of the employment contract. An employment contract may provide additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, in particular: on specifying the place of work (indicating the structural unit and its location) and (or) about the workplace; about the test; on non-disclosure of secrets protected by law (state, official, commercial and other); on the employee's obligation to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer; on the types and conditions of additional insurance for the employee; on improving the social and living conditions of the employee and his family members; on clarification, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer, established by labor legislation and other regulatory legal acts containing labor law norms; on additional non-state pension provision for the employee. (paragraph introduced by Federal Law No. 421-FZ of 28.12.2013) By agreement of the parties, the labor contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements. Failure to include any of the specified rights and (or) duties of the employee and the employer in the employment contract cannot be considered as a refusal to exercise these rights or fulfill these obligations.
Hello dear Sergey. ................................................ You have set lawyers a very important legal issue for yourselfhoping to get at it more complete explanations with links to regulationsrather than short answers without links on the necessary regulations... .................................................. ................................................. City Petrozavodsk stretches in different directions for more than 6 km, and to Solomenny (also considered Petrozavodsk) all 20 km. When you conclude an employment contract with your employer, it was necessary to clarify this legal issue regarding your not traveling, but mobile work within the location of the organization where you work. In this case, the employer could (but is not obliged) to either provide you with transport for movement within the city of Petrozavodsk, or pay for travel documents by trolleybus or fixed-route taxis in Petrozavodsk, which could be specified in your employment contract in accordance with Article 57 of the Labor Code of the Russian Federation. .................................................. ................................................. Hardly whether your employer legalized this issue in its local acts (although this is done in large organizations). .................................................. ................................................ If this the conditions are not in your employment contract, then you have the right only to ask (not demand!) your employer about it. And look carefully YOURSELF those articles of the Labor Code of the Russian Federation or other regulations that lawyers refer to when explaining your legal questions. .................................................. ................................................ Know your rights and obligations defined by the Laws are good, but it is better to be able to use them in practice for the benefit of yourself, and not vice versa... A specific lawyer, incl. from this site by agreement, after receiving more complete and necessary information on a legal issue and the necessary copies of documents... ............. Good luck to you
In 2015, a contract was signed with a monopolist (heat energy) under 44-FZ. The volume of services provided is selected for a lower amount. When closing a contract on the site, is it necessary to make an agreement on termination, or can it be closed on the site upon the fact of the services rendered and payment for the accepted services? The site allows this.
Hello. Yes, according to the terms and conditions of the contract
Sign a contract. Under the agreement, the amount for the services rendered is one. Term 1 month. And a certain amount of work performed. After completing the work, the foreman counted another amount. And he also reduced the amount of payments by 3000 rubles for absenteeism. What should I do?
Complain to the prosecutor's office and labor inspection.
3.1. The Customer, when handing over the acceptance of services, checks the services rendered under the Contract for compliance of their volume and quality with the requirements established by this Contracts.
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p.1.1. services are provided in volume and quality in accordance with the terms of reference (annex to the contract)
Is the terms of reference synonymous with the word Contract, even if it is an integral part? It just turns out that it is necessary to provide services according to the terms of reference, and check the work according to the Contract.
The services provided must comply with the requirements of the Contract and its annexes, which are signed and accepted by the parties!
Quote from the GPA The Customer pays for the Services for the actual volume of services rendered for each stage, on the basis of the Acceptance and Transfer Certificates (Appendix No. 2) of the Services provided and the Agreement of the parties on the Price, within 40 (forty) calendar days from the date of signing the Acceptance and Transfer Certificate of the provided Services and the Agreement of the Parties on the price, which are drawn up by the Parties at the end of each stage of the provision of Services and are an integral part of this Agreement. Are payments legal after 40 days?
Hello! Yes, if this agreement was signed by the parties
The subcontractor completed the scope of work, but the service contract was not signed on time. Subsequently, the customer (general contractor) retrospectively refused the contract, and, consequently, refused to pay for the services performed. However, there is other evidence about the work performed (witness testimony, waybills, etc.). Is there a judicial prospect for receiving payments for the work performed?
This can be proven in court. The more evidence here, the more chances you have to win the trial.
Are the cost and scope of services to the Service Agreement agreed in the Specification or in the Estimate, or in the Supplementary Agreement? Which document will be the correct annex to the Agreement? Thanks.
The specification is better done. Estimates are usually made to the contract. Although there is no fundamental difference. The main thing is that from these documents it is clear what services, how much, etc.
A contract for the provision of services has been concluded between the parties. The Contractor provided services in full, the Customer did not pay for the services provided. The contractor filed a statement of claim with the court for debt collection. In the course of considering the case, the parties entered into an agreement on the repayment of the principal amount in installments. The court will certainly refuse the plaintiff's claim, especially since the defendant has already transferred the first part of the amount. Question: can the plaintiff file a claim to recover the contractual penalty from the Customer all under the same service contract? The agreement began to operate only after the acceptance of the statement of claim for production.
Hello! If an amicable agreement was concluded in court, then you need to look at its terms. It depends on what is indicated in it (it may be possible to collect interest according to 395 of the Civil Code of the Russian Federation).
We have signed a state contract for the provision of services for the washing of linen, but the customer does not hand over the volume stipulated by the terms of the contract. How can this problem be solved so that we are not included in the register of unscrupulous suppliers.
According to part 11. Article 41.12 of Federal Law 94-FZ of July 21, 2005 - the winner of the auction, in violation of the time provided for in Part 4 of Article 41.12, did not submit a draft contract signed with an electronic digital signature. Within this period, the protocol of disagreements, provided for in Part 4.1, was also not submitted. Article 41.12. If, instead of documents, a proposal was submitted to conclude a contract on terms that do not correspond to the documentation about the auction in electronic form, then the contractor may refuse to conclude a contract with the winner of the auction and recognize him as evading the conclusion of the contract on the grounds specified in clause 4 of this protocol.
When the contract is closed, inclusion in the RNP is possible only in case of termination of the contract through the court in connection with its non-performance by the contractor (at the same time, before going to court, the customer must offer to terminate the contract), or unilaterally (provided that such a right is provided for by the contract and documentation about the purchase). If you are not guilty of not fulfilling the contract in full, then you will not be included in the RNP. In the described situation, the customer does not provide all the work for you.
When rendering painting services, the actual volume of work was more than 2 times higher than that indicated in the terms of reference for the state order. It was found out only at the end of work, when checking consumables. The customer was not informed until the end of the full scope of work. refuses to pay the lightning in volume. What are our actions?
It all depends on the specific circumstances, on the terms of the contract. Contact in person, it is difficult to answer unequivocally
WHAT YOU CAN DECIDE FROM THESE THANKS!
I have such a volume for the provision of your legal entities. services if eats your desires THANKS! Just not busy?
The timeline is as follows!
1. terms of accident-1 claim - before opat. PF RF _ 2 claim. before opat HAC RF COURTS - 2 claims on the result of 1 million 240,000 tr. PF RF - 1 claim, FSS-1 claim, write a complaint against 25 judges of the courts of the Supreme Arbitration Court of the RF. I don’t know the price only by the result.
VKKS _ a complaint against 25 judges of the courts of the Supreme Arbitration Court of the Russian Federation-1 piece I don’t know the price only by the result and I sign it in the complaint and YOU,
Only on the basis of the result we do not work, do not waste time.
I terminated the agreement with the LLC on the provision of services for the formation of a team of owners of the land object and the further conclusion of the purchase and sale agreement. The money was returned in part. Now I am drawing up a statement of claim which articles are suitable for this claim. I want them to return the den. funds and paid a penalty, but what 1 or 3% per day. Which category does my contract belong to - goods or services?
Hello! Based on the foregoing, this should be a service agreement, although to say for sure, you need to look at the text of the agreement, it can be mixed.
I entered into an agreement for the provision of electrical wiring installation services, the work was not completed in full, the customer refused further services and payment for the work done, in what way can I demand payment for the perfect work?
Dear Alexey Vladimirovich. According to Article 717 of the Civil Code of the Russian Federation, the customer, unless otherwise provided by the work contract, may at any time before the delivery of the result of the work to him refuse to fulfill the contract by paying the contractor a part of the price established by the contract in proportion to the part of the work performed before receiving the notice of the customer's refusal to perform contract. The customer is also obliged to reimburse the contractor for losses caused by the termination of the work contract, within the difference between the price determined for the entire work and part of the price paid for the work performed. On the basis of this provision of the law, send the customer a written claim, indicating the amount you require. If the customer does not respond within a month or if he refuses to pay the amount you require on a voluntary basis, file a claim with the court.