The subordination relationship is a key factor to understand the particularities of these contracts.
The employment contract and the service lease contract are two contract modalities that, although they may seem similar, have completely marked differences. Sunafil guides you so that you know their differences.
What is the difference between both?
The institution pointed out that the employment contract is a type of agreement that establishes a relationship of subordination with the employer. The worker, for the work performed, is included in the payroll and receives a remuneration, as well as legal benefits.
The main characteristic is that the worker is subject to the conditions that the company sets for the work: an established schedule, a performance of work in a certain area, among others.
On the other hand, it indicated that the service lease contract is a civil contract in which the provider has autonomy in the execution of its services. There is no labor relationship, however, the product or service required and established in the contract must be delivered.
As there is autonomy, there is no employment relationship as such, and therefore no labor rights are generated. In this sense, the person receives fees or compensation for their work, but not a remuneration.
Sunafil added that, in some cases, there may be a distortion of these contracts, and in these cases it carries out preventive and inspection work in order to promote formality in the works.
Source: The Peruvian