For example, with the advent of personnel leasing and outsourcing, it has become possible to significantly simplify the process of managing personnel policy.
Another, no less effective technology of recent times is outstaffing.
Speaking about outstaffing in simple words, we can say that this is an opportunity for a company to transfer its employees to other companies.
Outstaffing - what is it in simple words? Definition of outstaffing
The simplest definition of outstaffing is outstaffing.
That is, outstaffing is the reassignment of workers to the staff of another company, as a result of which the workers continue to work at the old workplace and perform the same functions, but the role and responsibilities of the employer are officially transferred to a third-party outstaffing company. In other words, being a high management technology, outstaffing is a form of relationship between an employer and its employees, in which the employer transfers, officially registering, his employees to the staff of another outstaffing company, concluding an outstaffing agreement with it.
At the same time, employees continue to work on the territory of the previous employer and perform all their previous functions, as before.
However, the official employer according to the papers is now an outstaffing company, which has registered workers in its company under an employment contract and now performs all the functions of an employer: maintains personnel records of employees, monitors workers’ documents, calculates taxes, pays wages, interacts with government agencies, etc.
Outstaffing services
An enterprise acting as an outstaffer must take responsibility for providing employees with everything they need.
Service structure
The provider is an official legal entity that provides the customer with the necessary workers, which means that it is the outstaffer who is responsible for the following responsibilities:
- Recruitment.
- Translation.
- Promotion or demotion.
- Termination of relationship or dismissal.
- Payment for sick leave and planned vacations, as well as their registration.
- Issuance of various types of certificates upon request.
- Calculation and issuance of various types of rewards, incentives and wages.
- Calculations and payment of various types of deductions and taxes, in the amount established by law.
- Interaction on all types of issues with government authorities.
The use of outstaffing: in what cases do they resort to removing employees from the company's staff?
Employers resort to outstaffing services when it is necessary to officially employ an employee so that his work activity on the employer’s territory is legal, but for some reason the employer does not want or cannot officially place the employee on his staff.
Thus, HR outstaffing is used when:
- The employer needs to reduce costs for employee salaries and payroll taxes.
- The employer wants to relieve itself of the financial and resource burden of servicing personnel and maintaining their personnel records, simplify office work and accounting, and reduce the risk of errors in the field of labor and tax legislation.
- The employer wants to use cheap foreign migrant labor, but at the same time does not want to monitor the workers’ migration documents or hire an additional accountant and personnel officer for this purpose.
- The employer wants to reduce legal liability to employees and be completely invulnerable not only to its employees, but also to government agencies and inspections by labor services, salary commissions, etc. (the employer’s responsibility automatically passes to the outstaffing company)
- It is required to increase the number of employees without losing the simplified tax system.
- The employer does not want to employ workers who are on a probationary period or temporary workers.
- An employer wants to hire a specialist from another region, but does not want to open a branch or representative office there.
Areas of application of outstaffing
In practice, it is clear that outstaffing is most often done by low-skilled workers, migrant workers, and unskilled workers who carry out their labor activities in a variety of industries.
Outstaffing of temporary staff is also often used. The most common provision of outstaffing services is in construction, repair, installation of equipment, cleaning, trade, food and manufacturing industries and outstaffing of guest workers in general, including in the field of cleaning, construction, logistics and warehouses.
Most often in Russia it is migrants who are transferred to outstaffing. Also, employers are often interested in outstaffing of construction personnel, outstaffing of drivers, outstaffing of low-skilled workers, outstaffing of horeca and hospitality personnel, outstaffing in cleaning and outstaffing of foreign nationals-general workers and, for some reason, accounting outstaffing.
Employers are somewhat less likely to be interested in outstaffing for homeowners associations and IT outstaffing, including programmers. And even less often, employers transfer managers to outstaffing.
Outstaffing in simple words
Outstaffing is an opportunity for one business entity to hire labor that formally belongs to the staff of another business entity.
On the territory of the Russian Federation, the concept of outstaffing appeared recently, this was caused by the need of many organizations to attract labor to perform single tasks , instead of working on a permanent basis.
Outstaffing allows you to attract employees from one enterprise to perform tasks at another enterprise. However, these enterprises do not enter into official relations with each other.
The most common types of outstaffing are migrants and low-skilled employees . Most rarely - specialists in the field of information technology and highly qualified managers.
outstaffing of foreign personnel is most common , since official employment of foreigners and subsequent work with them is impossible without knowledge of a huge number of intricacies of legislation related to migration.
These include not only the documents themselves that allow foreigners to work in Russia, but also their validity periods, as well as the ability to notify the competent authorities in the prescribed forms and within certain deadlines.
Watch the video that clearly explains the features of outstaffing:
Outstaffing: pros and cons for the employer
Advantages of outstaffing for employers
The benefits of outstaffing for the employer and the financial benefits of outstaffing are obvious.
First of all, employers order outstaffing services in order to relieve their staff of personnel officers and accountants and transfer the maintenance of personnel records and all problems associated with formalizing relations between employees and the employer to a third-party organization.
For example, in Russia, outstaffing of foreign personnel is most common, since recruiting foreigners and maintaining their personnel records requires knowledge of the intricacies of migration legislation, in particular a complete list of documents for foreigners to work in the Russian Federation, their validity periods, the procedure for renewing patents and permits , and of course the availability of all forms of notifications and knowledge of who and when to notify.
And it is in cases with the employment of foreign citizens that any, even the smallest violation associated with ignorance of the procedure for hiring foreigners, can lead the employer’s company to a million-dollar fine for each employee.
And therefore, in order to certainly avoid fines for illegal immigrants, inspections by authorities, suspension of the company’s activities and other migration risks, employers prefer to register their workers as part of the staff of a third-party company - an outstaffer, with which these workers enter into an employment contract, physically continuing to work on the employer’s territory. And after that, all responsibility for the legality of the work of foreign employees passes to the outstaffing agency, which is now officially the employer according to the papers.
Another undeniable advantage of outstaffing for an employer, in addition to getting rid of personnel risks, is the employer’s ability to increase the number of its employees and at the same time retain the simplified tax system for its company.
Also, when outstaffing general workers, the employer permanently saves himself from all commissions on remuneration.
The main benefit of outstaffing for an employer is the opportunity to save not only on paying fines, but also to reduce salary costs for personnel and the tax burden by transferring them to the outstaffing company and making them an official expense, confirmed by an electronic book of purchases and sales.
In this vein, employers have recently increasingly used outstaffing as an anti-crisis management tool, since the removal of employees from the company’s staff allows reducing the company’s costs for paying employees, and therefore reducing the cost of producing the final product as a whole.
Also, the employer’s benefit from outstaffing lies in the fact that he does not need to hire an additional personnel officer, accountant, or migration lawyer, since their functions are taken over by outstaffing agencies as part of the service.
Disadvantages of outstaffing for employers
The disadvantages of outstaffing for an employer are primarily related to its risks.
The disadvantages of outstaffing are that the Employer takes a lot of risks when contacting an outstaffing agency to transfer employees from the company's staff, since from the moment the outstaffing agreement is concluded with the service provider, the workers become under the responsibility of this outstaffer, who, in turn, must not only officially register the employees with him to the state, but pay taxes for them, keep personnel records, monitor the deadlines and forms of documents and notify the Main Directorate for Migration of the Ministry of Internal Affairs (FMS) about the work of foreign employees.
And here the employer runs the risk of stumbling upon a front company that provides outstaffing services illegally - without state accreditation as an outstaffing agency or that does not provide outstaffing services to the full extent.
In the latter case, it turns out like this: the employer is confident that the employees have been officially transferred to the company’s staff through an outstaffer, which means there are no labor or migration risks associated with the use of workers’ labor.
At the same time, unscrupulous outstaffers, after receiving payment under an outstaffing agreement, simply let workers’ personal files go free - they do not pay salary taxes, do not maintain personnel records, and do not monitor the availability and validity of workers’ documents.
And it turns out that there are employees working on the employer’s territory who have not been officially registered anywhere, no one has paid taxes for them, their permits are expired or missing altogether, and at the same time, the outstaffing agreement, which was supposed to protect the interests of the employer, in practice turns out to be a piece of paper signed by a fake company.
And now the employer will be responsible for all illegal immigrants who were found on the company’s territory. At the same time, we are talking not only about fines and additional charges, but also about criminal liability for non-payment of salary taxes.
Therefore, before contacting an outstaffing agency and concluding an outstaffing agreement with it, be sure to make sure that the new partner is reliable and that outstaffing services are provided by an accredited employment agency with an outstaffing license.
Reliable outstaffing companies can be easily distinguished by several characteristics:
- An outstaffing recruitment agency must have official state accreditation as a private employment agency (see what the certificate looks like below).
- Reliable outstaffing companies have been on the market for more than one year, just check the legal entity that provides outstaffing services.
- A legal outstaffer always pays salary taxes for employees transferred to the staff.
- A reliable outstaffing company always concludes an employment contract with the employer’s employees and fully maintains all personnel records for all employees.
- A reliable outstaffing service provider will always provide an official outstaffing agreement to the employer for review.
A small preliminary check using these criteria will allow the employer to quickly solve the main problem of outstaffing personnel and avoid the risks of outstaffing with unscrupulous partners.
You can also try to look at the ratings of outstaffing companies and see what partners or employees on staff think about them.
Advantages
Relatively new in the Russian legal field, this agreement would not have gained a certain popularity if it did not have a number of important features and advantages.
Let's look at some of them:
- Opportunity to save on taxes and wages. Let's say a customer needs employees from time to time to perform a certain job. Instead of keeping them on your staff, paying them a salary every month, paying taxes for them and providing a social package, it is easier and cheaper to hire them only at the time when they are really needed, placing organizational issues and documentation issues on the shoulders of the provider company.
- Opportunity to save on the maintenance of the personnel department and advertising department . There is no point for the customer to advertise himself in order to attract employees; it is enough to simply contact the relevant company.
- Prompt provision and replacement of workers.
- Flexible staffing schedule. The customer can ensure that exactly the number of employees required for effective work will work per day. It no longer makes sense to pay for a certain number of employees to “stay in place.” This is especially true for those customers who are looking for personnel to carry out seasonal work.
- Cooperation with a reliable and proven company. The provider company will most likely not provide unqualified employees, since this will directly affect its reputation. In other words, the risk of entrusting important work to insufficiently qualified workers is significantly reduced.
- Possibility of careful control over the work process.
- Registration under one contract . By hiring workers on their own, the customer would be forced to draw up an employment contract with each of them, taking into account many individual nuances. In the case of outstaffing, only one contract is drawn up - between the customer and the company that provides the services of hired workers. There is no contract between the customer and employees. Accordingly, the risk of legal error is reduced.
- High labor productivity. As already mentioned, the qualifications of workers are likely to be at a high level.
- A high level of employee motivation, which will be ensured by internal competition among personnel.
Another effective way to motivate employees is monetary reward. At this link you can read in detail about the types of salary supplements.
Outstaffing: pros and cons for the employee
Advantages of outstaffing for an employee
What is the advantage of outstaffing for employees?
First of all, this is, of course, official registration as a company, followed by maintaining personnel records of employees and submitting tax reports. Outstaffing of workers assumes that the service provider, re-registering the worker as a staff member, enters into an employment contract with him, and officially becomes his employer, who from now on:
- Pays salary taxes and makes timely contributions to funds for each employee
- Responsible for the stability of wage payments
- Provides labor and social guarantees for employees
- Monitors the availability and deadlines of documents, including permits and migration.
This is a particularly useful advantage for foreign employees in the outstaffing service, who carry out their work activities on the territory of the Russian Federation and have little understanding of migration laws, in contrast to an outstaffing company, which employs employees who practice labor and migration laws on a daily basis and specialize in them.
Also, outstaffing has the advantage for CIS workers - complete confidence in the safety and legality of their work. A foreign outstaffing employee knows that his documents are in order and in full, the expiration dates are monitored by the outstaffing employer, tax deductions are made on time, salaries are not delayed, and for any migration issues you can contact the employer’s personnel service.
Also, the official registration of a foreign worker as a member of the company confirms the legality of the migrant’s work on the territory of the Russian Federation, which in turn in the future may help him obtain a residence permit in Russia or Russian citizenship.
Disadvantages of outstaffing for an employee
Now let’s look at the risks of outstaffing and the disadvantages of outstaffing an employee from the point of view of the employee himself.
Possible risks of outstaffing in this case are related to the fact that, being transferred out of staff to another company, the employee may be deprived of some benefits and privileges that a full-time employee of the employer may have. This disadvantage of outstaffing can also indicate that the transferred employee is unlikely to make a career in his professional field.
It is also believed that outstaffing company personnel have the lowest wage level.
Also, possible risks of outstaffing for employees include the risk of ending up with an illegal outstaffing company that will not pay taxes for employees in full or will not properly register them as employees.
Perhaps these are the most important disadvantages of outstaffing that employees whom the employer transfers to the company’s staff should be aware of.
If you have a different opinion about the conditions of outstaffing from the point of view of an out-of-staff employee, please share it in the comments to the article. We will be very interested to read reviews about outstaffing from our readers.
What positions can you hire an outstaffer for?
Until 2021, company owners and managers could save on outstaffers:
- Accident insurance premiums were lower. Companies that engage in dangerous or hazardous activities must pay decent insurance for each employee. But if the employee’s employer was an outstaffing agency, the contributions were much lower. The workers themselves suffered from this, but the companies only benefited.
- Contributions to the Pension Fund were less. Even if the position requires early retirement (for example, a miner), the company does not need to pay more.
- Savings on additional vacations in companies engaged in hazardous or harmful production.
- Undesirable or obstinate employees who went on strike were quickly replaced with workers from the outstaffing agency.
But this state of affairs violated the rights of performers. Therefore, since 2016, some types of professions require only the conclusion of an employment contract with all benefits and insurance.
Now the following restrictions and prohibitions apply to outstaffing:
- Additional staff cannot be hired during strikes by key employees.
- The hired worker cannot engage in hazardous or harmful activities.
- Specialists who must obtain permits and accreditations must enter into a full-fledged employment contract and be on a permanent staff. These professions include healthcare workers, teachers, chief mechanics and engineers.
Why is it considered that outstaffing is prohibited from 2021? Outstaffing in 2021
Not everyone still has a clear understanding of whether outstaffing in Russia is completely prohibited from 2021 or whether it is possible to use outstaffing services legally.
They started talking about a ban on outstaffing in Russia in 2021 when the first mentions of agency labor appeared in the text, at that time still draft regulatory acts.
Then many thought about a ban on outstaffing and agency labor, linking this ban on outstaffing to the law that came into force on January 1, 2021. Many even called this law the anti-outstaffing law.
However, in fact this is not at all the case. There was no law banning the use of outstaffing and agency labor - only Federal Law No. 116 “On Amendments to Certain Legislative Acts” of 05/05/2014 came into force, which in no way indicates that outstaffing is completely prohibited from 2021 , but on the contrary gives an official definition of agency work and regulates its use in Russia from 2021.
In other words, with the entry into force of this law, outstaffing was, of course, not prohibited. Only the conditions were determined under which legal entities can provide and use outstaffing services.
Thus, there is no complete ban on outstaffing in Russia today, but there are some restrictions on the use and provision of outstaffing.
We will dwell on them in more detail in order to finally debunk the myth about the ban on outstaffing in 2021.
fictitiousness
If outstaffing does not generate profit, tax authorities will not be able to recognize the funds spent on it as justified. If the State Labor Inspectorate decides that the customer has an employment relationship with the employee hired to perform the work, he will be required to pay a fine for violating the rules of labor legislation (from 30 to 50 thousand rubles).
In other words, the legislator carefully ensures that the transaction is not fictitious, the purpose of which is only tax evasion.
An agreement may be considered fictitious in the following cases:
- The relationship between companies entering into outstaffing relationships has been proven. That is, if legal entities have the same legal address, founder(s) and director(s).
- The landlord offers its services exclusively to one client and does not have any client base.
- The customer company was created shortly before personnel were sent to it . At the same time, the staff is no more than one hundred people, which opens a loophole for using a simplified taxation system, as a result of which one can obtain an exemption from paying the unified social tax.
Outstaffing: changes for 2021
Outstaffing and Russian legislation: law on outstaffing 2016
On January 1, 2021, Federal Law No. 116 “On Amendments to Certain Legislative Acts” dated 05/05/2014 came into force, which not only introduced the concept of agency labor into legislation, but also fully regulated outstaffing from 2021.
Agency labor was commonly understood as work performed by an employee in agreement with the official employer, but under the control of a person who is not officially the employer of this employee.
The same “outstaffing law” in 2021 also introduced some restrictions on the use and provision of outstaffing services. You can view and download the full text of the 2016 outstaffing law on this page.
Restrictions on the provision of outstaffing services in 2021
For example, in 2021, only the following can provide outstaffing services:
- Affiliates
- Private employment agencies
In the first case, the organization has the right to send workers to perform work to its affiliated legal entity, which is a member of the shareholders agreement.
In the second case, only a legal entity accredited by the employment service as a private employment agency can provide outstaffing services to other legal entities.
That is, if previously any company could provide outstaffing services, now only employment agencies that have received official state accreditation can do this.
Also in 2021, the following outstaffing rules apply:
- The salary of outstaffing employees cannot be lower than that of employees of the same specialty of the receiving party.
- An employee who is transferred under an outstaffing agreement to perform work that involves harmful and dangerous conditions must receive compensation.
- An employee cannot be transferred to perform work to the receiving party for a period of more than 9 months.
- The number of employees that the outstaffer transfers to the receiving party to perform the work cannot exceed 10% of the total number of employees of the employing company.
Moreover, in 2021 the use of outstaffing is completely prohibited in the following cases:
- To perform work that is classified as hazard class I and II or has harmful working conditions of degrees 3 and 4.
- To perform work as forwarders and crew members of sea vessels and mixed navigation vessels.
- To perform work as a replacement for workers participating in a strike.
- To perform work during downtime of the employer's production.
- If the employer's company is in the process of bankruptcy.
- If the employer's company introduces a part-time work schedule in order to preserve jobs under the threat of dismissal of employees.
Purpose of outstaffing
Contracts with outstaffers are concluded in cases where an organization, due to various circumstances, cannot provide permanent positions for some employees, wanting to reduce costs associated with paying salaries, or the need for these personnel in the state has completely disappeared.
The main goal of outstaffing as a service is to optimize staffing , reduce payroll costs and reduce the risk of disputes. In addition, outstaffing allows you to significantly relieve the enterprise’s HR department and accounting service, thus ensuring optimization of production processes not only for the HR department, but for the entire company as a whole.
Accreditation of outstaffing organizations in 2021 and license for outstaffing
Since in 2021 outstaffing services can only be provided by legal entities accredited as a private employment agency - outstaffing provider, let us take a closer look at what exactly a private employment agency is, what conditions it must meet and where to obtain accreditation for outstaffing.
So, a private employment agency in 2021 is a legal entity registered in the Russian Federation and accredited as a private employment agency in the employment service with the right to conduct activities related to the provision of labor to workers - outstaffing.
A private employment agency that has passed accreditation always has a document confirming this very accreditation of the employment agency for outstaffing services.
This “private employment agency license” looks like this:
Download the form Notification of accreditation of a private employment agency for the right to carry out activities to provide labor for workers (personnel) (entering information into the register), about refusal of accreditation, renewal (refusal to extend), suspension (resumption), revocation of accreditation, about amendments to You can follow the link to register.
Private employment agencies: list of accredited legal entities. persons
Also, all accredited private employment agencies are included in the register of the Federal Service for Labor and Employment.
Therefore, it is always easy to check whether the accreditation of private employment agencies has been obtained by the outstaffing company you are applying to. To do this, simply go to the website of the Federal Service for Labor and Employment and look at the register of accredited private employment agencies.
If you do not find the name of the company you are contacting in this register of private employment agencies, rest assured that you are ordering services from an illegal outstaffing organization that is not legally entitled to provide outstaffing services.
You can go to the Rostrud register of accredited private employment agencies at.
OKVED outstaffing
Labor recruitment services now have the number 74.50.01, so outstaffing also has the OKVED number 74.50.01.
Review of legislation
This form of cooperation seems to be a kind of agreement concluded between companies, within the framework of which the contractor transfers personnel to the customer’s disposal to perform the established list of works. Considering the most common problems associated with outstaffing from a legal point of view, we can highlight the following points:
- difficulties associated with taxation of activities;
- the opportunity to challenge some of the provisions/conditions specified in the contract;
- widespread failure to comply with Labor Code requirements when performing work.
Previously, due to the novelty of this form of employment, there was no strictly regulating legislation affecting outstaffing. In this regard, tax authorities often considered this form of employment as an effective method for avoiding taxation.
At the moment, Federal Law No. 116 has come into force, fully regulating this type of activity. He assumes that only special agencies and affiliates can provide these services.
Outstaffing has certain advantages
Subtleties of accreditation of private employment agencies
All rules for accreditation of private employment agencies for personnel outstaffing - carrying out activities related to the provision of personnel labor - are given in Russian Government Decree No. 1165 of October 29, 2015.
First of all, recruitment agencies cannot be accredited in 2021 if the company does not meet the minimum requirements of the Federal Service for Labor and Employment.
Requirements for private employment agencies to obtain accreditation:
- The company must have an authorized capital of at least one million rubles;
- The company cannot have debts on tax payments and other contributions to the budget.
- The CEO of a company undergoing accreditation of a recruitment agency must be a certified specialist in the field of employment and personnel.
- The CEO of the company must have at least 2 years of experience in the field of employment and personnel management over the last 3 years;
- The general director cannot have a criminal record for crimes against the person or in the economic sphere.
Who accredits private employment agencies?
A private employment agency is accredited by the Federal Service for Labor and Employment.
In order to undergo accreditation to provide the services of a private employment agency, you must submit an application for receipt (extension) of accreditation and provide all the necessary documents (list below) to Rostrud - the Federal Service for Labor and Employment at the address: Moscow, Birzhevaya Ploshchad, 1, index 109012.
For assistance in obtaining accreditation of a private employment agency, as well as answers to questions about the accreditation of private employment agencies in Rostrud, you can call 8-800-707-88-41.
The work schedule of the Federal Service for Labor and Employment in Moscow is from Monday to Thursday from 9.00 to 18.00; Friday – from 9.00 to 16:45; Saturday and Sunday are days off. Break from 12.00 to 13.00.
Upon arrival at the Federal Service for Labor and Employment, to submit an application for accreditation of a private employment agency by Rostrud and related documentation, you must contact authorized officials by phone.
Documents for accreditation of the activities of private employment agencies
In order to be accredited, a private employment agency must provide the following documents to Rostrud:
- application for receipt (extension) of accreditation in the prescribed form;
- a copy of the constituent documents, certified by a notary;
- documents that confirm that the outstaffing company has an authorized capital of at least 1 million rubles;
- passport of the head of a private employment agency;
- a document confirming the appointment to the position of head of a recruitment agency, which is certified by the seal of the organization (if there is a seal) and the signature of an authorized person;
- document confirming higher education of the head of a private employment agency
- a copy of the manager’s work book, certified by the seal of a private employment agency and the signature of an authorized person;
- a document confirming that the head of a private employment agency has no criminal record.
Personnel outstaffing agreement
Let us remind you that in order to formalize outstaffing, the employer enters into a personnel outstaffing agreement with a legal entity accredited by the state to operate private employment agencies.
The outstaffer, in turn, enters into an employment contract with employees who are transferred to outstaffing.
It turns out that employees are officially on the staff of the outstaffing company, but work as if on the employer’s territory under a personnel outstaffing agreement and perform all their functions as before.
Standard outstaffing agreement: sample agreement with a private employment agency 2021
The outstaffing agreement in 2021 was finalized by almost every company, since significant legislative changes were introduced in the regulation of this area.
However, in general, the standard form of an outstaffing agreement today looks approximately the same for all outstaffing companies. Here is a typical example of a staff outstaffing agreement with an accredited recruitment agency.
You can download the outstaffing agreement (sample) from the link.
Outstaffing cost
Despite the fact that outstaffing in Russia is still a relatively unfamiliar service that many simply do not know about, outstaffing companies already offer services in many regions of the country.
However, each region has its own price for outstaffing. The cost of outstaffing usually consists of the outstaffer’s costs for paying workers, paying salary taxes and the cost of the outstaffing company’s services and is quickly calculated based on an application for the provision of personnel under an outstaffing agreement for the required number of employees.
Depending on the region, the minimum wage and tax amounts are determined accordingly.
For example, in St. Petersburg in 2021 the minimum wage is 19,000 rubles, the amount of taxes and fees on it is more than 6,000 rubles. Accordingly, the cost of outstaffing will be calculated based on this.
Therefore, if the price proposed in the contract for outstaffing personnel in this city is below 6,000 rubles, it can be assumed that the outstaffing personnel are either not fully registered, or taxes are not paid for them, or they are paid, but not in full.
You need to be especially vigilant with companies that outstaff foreigners, since not only a legal and legitimate outstaffing agreement is important here, but also complete order in the documents of foreign workers, since even the most minor violation can lead to millions in fines for each foreign worker.
Compilation requirements
The text of the agreement must include:
- Names of companies party to the agreement, their legal addresses and details.
- Full name of employees or employee.
- The time period within which the work must be completed.
- A detailed list of required work with a clear description of the employee’s obligations. The fact is that he is not obliged to perform work that is not specified in the contract.
- The cost of the contract and payment details (for example, cash or non-cash payment).
Here you can find outstaffing agreements.
The outstaffing agreement, despite many complexities, nuances and “blank” spots in the legislation, remains a very popular agreement due to a number of advantages associated with a certain reduction in costs and administrative difficulties for the customer.
Since an outstaffing agreement can be used not to obtain direct economic benefits, but only to evade taxes, the relevant control authorities ensure that the agreement is not fictitious.
When drawing up an outstaffing agreement, it is necessary to clearly state the essence of the proposed work, its terms and price , as well as assess all the risks and be aware of the pitfalls of this agreement.
Important!
If you need outstaffing, remember that concluding an outstaffing agreement is the most crucial moment.
Be careful when choosing outstaffing organizations with which you are going to cooperate. Be sure to check your outstaffing partner for accreditation in the “private employment agencies of Russia” register.
Also, if possible, contact outstaffing companies whose ratings are above the market average, and companies with reviews of outstaffing and the activities of these private employment agencies from clients.
And don’t forget, outstaffing technology has changed somewhat in 2021, so be sure to check the outstaffing offer presented and carefully study the contract for outstaffing employees and the outstaffing employee’s employment contract with the service provider.
If you found our article useful, where we tried to describe all the benefits and features of outstaffing personnel and the provision of outstaffing services by private agencies, please put +. Or share on social media. networks on how the outstaffing system works, how employees are removed from staff and how to become accredited as a private employment agency in Rostrud.
