A Contract for the Provision of Professional Services is a type of agreement of a civil nature and bilateral nature, by means of which a natural or legal person (Service Provider) agrees to carry out a certain work or particular and independent service for the other party ( Client), who agrees to pay the agreed fees. The amount of the fees is freely agreed upon by the parties involved.
It is important to note that the Services Provision Contract it is not an employment contract, since it is used in cases in which people exercise their professions autonomously and independently, such as doctors, dentists, accountants, lawyers, etc.
In this sense, there is a large number of professional service contracts that can be carried out through a Service Provision Contract, such as engineering projects, professional consultancies, advertising services, journalism, legal services, medical consultations, etc.
Main characteristics of the Professional Services Contract
Once we have a general idea of what a Service Provision Contract is and what it is for, we will analyze the main characteristics of a professional services contract:
a).- It is a civil, non-labor contract, that is, it is not governed by labor law, so the provider does not enjoy the rights and benefits established in a traditional employment contract.
b).- There is no link of subordination and dependency, since labor regulations, social benefits or other complementary laws do not apply, so the Service Provider has no obligations to comply with a schedule or remain in the workplace during a certain day.
c).- The Service Provider will have the rights and benefits only those established by mutual agreement in the execution of the Service Provision Contract.
d).- In this type of contract, the remuneration is not called salary or salary but fees, and the parties are called Client and Service Provider or Contractor and Contractor, different from the terms of Worker and Employer that are used in the Contracts. of work.
e).- In case of non-compliance with this civil contract, you must go to civil courts and request the private advice of a civil or administrative judge.
f).- It is a consensual contract, so the general rule that establishes that contracts are perfected by consent alone must be applied, without prejudice to the fact that in some cases it is necessary to comply with formalities. .
Key differences between the Contract for the Provision of Services and the Employment Contract:
- Employment relationship: In a Contract for the Provision of Services, there is no employment relationship as in the case of an employment contract whose contents are determined by the Labor Code.
- A Service Provision Contract does not include rights such as health insurance, paid vacations, holidays, etc. .
- Working hours: In a work contract there is a specific working day and hours; in a Service Provision Contract no.
- Duration: A Contract for the Provision of Services can be for a specific time or for a project, while a work contract is usually for an indefinite period.
- Responsibility: In a Contract for the Provision of Services, the responsibility falls on the party that provides the service; In an employment contract, the responsibility lies with the employer.
- Consulting services contract: refers to the provision of advice or assistance on a specific topic, such as business, financial, and technological consulting services that are developed either in writing or orally, according to the relationships between the parties.
These are just a few examples, but there are many other types of service provision contracts that can be adapted to different needs and particular situations.