Personnel outstaffing agreement - sample 2021

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Published: 07/25/2016

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Outstaffing as a form of labor relations and an anti-crisis management tool is increasingly used by employers, despite the fact that many ordinary people consider such interaction between staff and employers to be prohibited from 2021.

The need for outstaffing is determined by the economic situation and difficulties in registering a workforce, as well as in providing social guarantees and benefits for employees. The essence of such labor relations is that employees of an enterprise or organization are re-registered with a new employer, but at the same time remain in their previous jobs and continue to perform their usual job functions.

To formalize such a relationship, two legal entities (the main employer and the temporary employer) enter into a special agreement that stipulates all the nuances of such specific relationships in the field of providing jobs.

• Document functions
• Structure and pattern
• Some nuances

The difference between outstaffing and outsourcing

At first glance, it seems that these concepts are the same. In fact, these are processes that are reciprocal to each other. Let's look at the differences between these concepts, and for clarity, look at them in the table.

Types of services that involve the use of hired personnel

There are several types of employees. They all involve different ways of managing temporary staff.

Personnel outsourcing

Outsourcing is when a company transfers part of its functional responsibilities to another organization that is a professional in this field.

For example, it is not profitable for an enterprise to have an accountant on its staff, or maybe this organization is still very small and consists of 1-2 employees who simply do not know how to do accounting, prepare reports, etc. Then for help you can contact a company that will conduct accounting affairs for a fee.

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This type of contractual relationship is divided into the following categories:

• Outsourcing of working personnel. This is the most common type of outsourcing. Many organizations hire workers to clean their premises. Managers of customer companies believe that it is more profitable to pay a cleaning company than to keep a permanent employee on staff;
• Outsourcing of construction personnel. Most companies have production and office premises that periodically have to be repaired. It is for repair and construction work that they turn to the relevant companies. For a customer company, if its business is not related to construction, it is not profitable to have permanent employees with construction specialties on its staff;
• Outsourcing of accounting personnel. It is impractical and economically unprofitable for small enterprises to keep a permanent accountant on staff. Then they turn to a company for help, which helps maintain all the necessary documentation and reporting;
• Outsourcing of support staff. This is also a very common type of outsourcing, because... performing companies can provide security and courier services. Not every customer organization is ready to hire a security guard or courier as a permanent staff member. That is why they turn to specialized companies.

There are many categories and types of employees. This includes outsourcing of sales personnel, outsourcing of warehouse personnel, etc. In fact, you can order any service, from cleaning the premises to management positions. The main thing is to calculate in advance what is more profitable, to keep a permanent employee, or to use the services of professional companies.

Outsourcing of temporary staff involves a relationship between two parties, the customer and the performing company. They are the ones who enter into an agreement for the provision of services without the participation of third parties.

Outstaffing of personnel

Outstaffing is when an enterprise removes a permanent employee from its staff and places him in another organization. In fact, this means a change in management, but in reality the person worked in his position and still works.

This is also important to know:
What is personnel outsourcing: features of registration and payment

Simply put, the agency officially recruits the client company’s personnel into its staff.

Personnel outstaffing services are provided by an accredited recruitment agency.

Temporary staff services

If a company needs to rent an employee for a short period of time (from 1 day to 3 months), then the customer company contacts a recruitment agency that recruits temporary staff. Such an agency quickly finds a temporary worker with the required qualifications who will carry out the tasks of the customer company.

The official documents on the basis of which temporary personnel are managed are the employment contract and the contract for the provision of personnel.

Depending on the work performed, the following types of use of temporary personnel can be distinguished:

• Working personnel for rent (cleaners);
• Rental of warehouse personnel (drivers, packers, etc.);
• Rental of production personnel (merchandisers, salespeople, etc.).

Sometimes temporary staff become permanent. If the head of the enterprise likes the hired employee, he can offer him a place on the staff.

However, it often happens that temporary staff are not interested in high-quality and fast work. He comes to a temporary job to work the allotted time, performing his duties poorly.

Sometimes this depends on human qualities, and sometimes it is due to the fact that the employee has not completed an internship, has not joined the team and has little idea of ​​exactly what responsibilities are assigned to him.

In order to prevent this from happening, the head of the enterprise must talk as clearly as possible about the responsibilities of such an employee, in addition to the employment contract, spell out all the situations that may arise between the parties, conduct internships and training, introduce permanent staff, and perhaps come up with a reward system for quality work performed. work.

Depending on the category of personnel hired, the employee may be qualified or unskilled. Very often the quality of the work performed depends on this.

For example, if you hired an experienced programmer to create a website for your organization, then with a high probability you can say that the work will be done efficiently. If a newbie takes on the task, the work may not be completed as professionally as you would like.

Personnel leasing

Personnel leasing is when an agency enters into an employment contract with an employee and places him at the disposal of the customer company for a long period of time. The maximum period of stay at one facility cannot exceed 9 months.

Personnel leasing should be carried out by special organizations that have been accredited and have permission to provide such services.

When ordering temporary staff leasing, the client company must enter into a staff leasing agreement with the recruiting agency. After which the hired employee can begin to perform his duties.

Standard outstaffing agreement

Documentary support for cooperation in outstaffing occurs in accordance with the norms of the Civil Code. The contract is signed if both parties agree on all terms.

A sample outstaffing agreement is available on our page.

Important! The parties to the outstaffing agreement are the customer company (the one that requires personnel) and the executing company (the one that provides labor under the contract). The employees themselves are not parties to the outstaffing transaction, but rather belong to the subject of the contract for such a transaction.

In fact, the subject of the contract is the selection and provision of the required labor force.

Main points

The legislation does not establish a single form of document; in fact, you can draw up such a paper yourself. But there are basic points that are found in any contract. In general, the structure of such a document consists of sections:

• subject of the contract. In the case of outstaffing – search, selection and provision of labor with the required qualifications;
• rights and obligations under the agreement of both parties;
• main provisions: the functions, working conditions, obligations of those participating in the transaction are described;
• validity period of the paper (accordingly, for how long the personnel is transferred to the customer);
• the cost of the contractor’s services, establishing the payment procedure (the need for prepayment, frequency of payment for services, granting a deferment, if applicable);
• Unexpected situations;
• responsibility of the customer and the contractor to each other.

In a standard sample of a personnel outsourcing agreement, additional clauses can be specified if necessary.

Attachments to the paper will be a request form for the provision of personnel from the customer, an additional agreement related to changes in any provisions (most often - payment for the service).

The paper is signed by the parties indicating the details, and the date of the agreement is set.

Examples

The most understandable and popular type of work for which employees of provider companies are hired is seasonal activity.

New product launch

This procedure requires the use of the labor of a huge number of sales representatives who will be busy promoting the products offered. It is unreasonable to hire full-time specialists for this type of activity, because... At the end of the project, people will simply have to be fired.

In this case, the outstaffing company is ready to offer sales representatives only at temporary disposal during product promotion, and in this case, the service is the most reasonable way out of the situation.

Cargo delivery and warehouse operation

The customer’s company has a warehouse located in another locality or region. Cargo rarely arrives at this warehouse, which means keeping full-time employees there is neither profitable nor reasonable. In this situation, it would be rational to resort to the service of an outstaffer, who will place the necessary employees at the disposal of the customer for a certain period of time.

The use of such an outstaffing personnel management scheme allows entrepreneurs to respond promptly and promptly to changes in the market situation , which is especially important during times of financial instability. In addition, through outstaffing, organizations have the opportunity to hire employees with the required qualifications in the required quantity in a short time frame.

This service will certainly be in demand in both the Russian and Western markets, since it will allow us to comprehensively solve issues of optimizing the costs of maintaining staff.

What to pay attention to

Some sources associate the concept of outstaffing with agency labor. This is a misconception, since such work is prohibited by the Civil Code of the Russian Federation. The outstaffing process is determined by the norms of Article 53 of the Civil Code of Russia.

If you need to find personnel, pay attention to the following provisions:

• such services are provided only by outstaffers (accredited agencies), subsidiaries of the parent company and affiliates;
• Recruitment agencies are subject to certain requirements (at least two years of experience in personnel selection, authorized capital - a million rubles or more; they do not work under the simplified tax system and have no tax debts;
• ask for their standard outstaffing agreement as a sample;
• outstaffing implies exclusively temporary work or employment of certain categories of citizens (we wrote about this above).

Regarding responsibility for incoming workers:

• Additional agreements are concluded with them regarding the working conditions of a particular customer;
• wages are set no less than for full-time employees of the same qualifications;
• if labor is recruited in harmful and dangerous industries, compensation is provided for such work (additional payments, reduction of working hours, etc.);
• investigation of accidents and responsibility for them falls on the customer;
• Failure to comply with working conditions also falls on the customer; untimely and incomplete payment for work falls on both parties.

Additional questions

What is not covered by the 2021 outstaffing ban?

Federal Law 116 on the prohibition of outsourcing 2021 regulates the use of borrowed funds within the following framework:

• it is allowed to use the services of agency workers for a period of no more than three reporting periods (9 months);
• the amount of remuneration for work for outstaffing personnel cannot be less than the salary of the main employee;
• an enterprise cannot use more than 10% of agency labor without the consent of the trade union. It is allowed to use agency labor on a contractual basis if the employee helps in the household. The ban on outstaffing does not apply to categories of employees who, according to the labor code, cannot count on full-time or permanent employment. These are workers who include:
• single mothers with young children;
• persons recently released from prison;
• students;
• parents with many children.

This is also important to know:
How to file a complaint against an employee and in what cases

The requirements for companies that can provide workers on loan have become more stringent.

How to choose an outstaffer

It is necessary to collect information about all agencies operating in your region. The list of accredited companies can be found on the Rostrud website.

Now you need to compare the payment criteria and the terms of the outstaffing agreement and choose the most suitable option.

In what cases would outstaffing be appropriate?

Typically, outstaffing is appropriate if an employee cannot be hired by the customer company.

The reasons are as follows:

1. Since the contractor is responsible for the personnel, the customer is not vulnerable to inspections.
2. Working with migrants allows you to get not only cheap labor, but also to simplify all legal issues.
3. You can hire an employee for a long trial period to ensure his qualities.
4. A small staff will reduce costs for accountants and personnel officers.

When is outstaffing prohibited?

Outstaffing is prohibited in the following cases:

1. The customer declared himself bankrupt.
2. The workers went on strike.
3. Working conditions are dangerous.
4. This type of employment is not acceptable in the case of ship crews.
5. Delays in cash payments exceed 15 days.
6. Due to the risk of dismissal, the company is trying to retain the team by reducing working hours.
7. An employee needs a license or certificate to be allowed to work.

Who is responsible for the personnel

Amendments to the labor code help protect the interests of workers.

If the contractor fails to pay the due amount, the customer will be liable.

If an accident occurs at work, all responsibility falls not on the legal employer, but on the actual one. A special commission will investigate all the circumstances of the case.

Recommendations for signing

In general, both the concept of outsourcing and the concept of outstaffing are quite new for the Russian market, but are gaining momentum. This is clear even from legislative regulation. However, as in any business, there are pitfalls that can result in multimillion-dollar losses for the customer.

When signing the contract, please note the following:

• availability of state accreditation of a recruitment agency;
• check the charter and other documents of such a company;
• clarify how the outstaffer employs personnel: whether employment contracts have been concluded with everyone, whether entries have been made in the work book, how the taxation process occurs and whether it occurs at all, etc.;
• Beware of scammers - do not buy the low cost of services;
• do not cooperate with companies if the latter have previously been held accountable for failure to comply with labor and tax laws.

Despite all the risks of outstaffing, when choosing a partner wisely, companies save material and time resources. Therefore, you need to approach the choice of agency responsibly and knowledgeably, first, study this issue yourself, and, if necessary, even contact a lawyer.

Advantages

If we compare outstaffing with the procedure for hiring workers, then this service will allow the customer to receive a number of important advantages:

• Reducing the workload of the personnel search service.
• Reducing the workload of accountants.
• Reduced administrative costs due to such offloading.
• The risks for the company of being involved in legal proceedings in the case of the employment of foreigners, in insurance situations and even in the event of an accident are completely eliminated.
• The ability to ensure maximum compliance of the number of staffing units with the existing volume of work.
• Possibility of maintaining a flexible personnel management policy.
• Saving money spent on training and advanced training of employees.
• The opportunity to legally maintain the status of a small enterprise and, accordingly, enjoy benefits for this form of business.
• The opportunity to strengthen the team, for example, during the promotion of new products.
• The ability to quickly enter a new market by hiring personnel with the proper qualifications in accordance with the main goals of the enterprise and economic framework.
• The ability to create motivation in practice, using the offer to join the staff as an incentive to complete the task ahead of schedule and with high quality.

Flaws

Despite all the benefits obtained by the customer who has signed an agreement on the temporary provision of labor resources, the outstaffing agreement has obvious disadvantages for him. What should an employer be wary of:

• an outstaffer’s dishonest approach to the legal aspects of formalizing labor relations with employees and checking their qualifications;
• difficulties in maintaining normal relations with attracted employees, who realize that they are here for a short time and are responsible for little;
• low level of motivation, qualifications and responsibility of temporary workers. You will have to bear additional costs associated with control and supervision;
• there is a considerable probability that the decision to use temporary employees will turn out to be economically unprofitable and unjustified.

For an employee, participation in an outstaffing agreement comes down to use as an object. For him, concluding an agreement with an outstaffer makes sense only as a temporary, emergency measure in order to obtain at least some legal support for employment.