Advantages of personnel outsourcing - personnel and material

From this article you will learn:

From this article you will learn:

• What is and what is the difference between personnel rental, personnel leasing, outsourcing and outstaffing?
• What types of personnel outsourcing are there?
• What functions does outsourcing have in personnel management of an organization?
• What are the advantages of personnel outsourcing?
• Is it true that outsourcing of personnel is prohibited from 2020

The experience of outsourcing came to us from the West and is now actively used in the realities of domestic business life. Why has this phenomenon become so popular? What is its practical significance?

What is personnel rental, personnel leasing, outsourcing and outstaffing?

Both personnel outsourcing and personnel leasing are very similar concepts that are sometimes even difficult to distinguish one from the other. Entrepreneurs are also familiar with the concept of outstaffing. All these are related phenomena in the business environment. Next, we will consider the features of each of the methods for solving pressing problems with the involvement of outside resources:

• outsourcing of the organization's personnel;
• leasing of personnel (this agreement is called “outstaffing”; “outsourcing” is a completely different type of agreement);
• personnel leasing.

When outsourcing personnel, an agreement is concluded between organizations under which one party undertakes to perform certain work related to the current business activities of the counterparty with the help of its employees. The party providing the service guarantees that the actions will be entrusted to qualified specialists who can perform them in the best possible way. However, there is no mention of specific persons in the agreement. The only thing that matters is the fact of quality service.

Recommended articles on this topic:

• Competitive advantages of a company: how to form and develop
• How to make a business successful
• Company marketing strategy: from development to analysis

Outstaffing, like leasing, implies the transfer of employees of one enterprise to another for a period agreed upon in the contract. And here specific people are important, whose professionalism the third-party company needs. For a fee, they work for some time in the receiving company, while continuing to remain full-time employees of the transferring organization.

This is the fundamental difference between outstaffing and personnel outsourcing. Both names come from English. The first is formed from the words “out” and “staff”, and the second is formed from the words “out” and “source”. The literal translation of the first concept means “outside the staff,” which implies the employer’s withdrawal of certain specialists from outside its staff. At the same time, employees in the customer company do not formally have labor relations. He is on the staff of the outstaffing company. The document that formalizes the relationship is an outstaffing agreement between the transferring and receiving organizations to ensure recruitment activities on a paid basis. When outsourcing personnel, the outsourcing company, under an agreement for the provision of paid services (outsourcing is precisely this type of relationship), entrusts the receiving party with its own forces to perform any actions, and delegates its function for temporary use.

Outstaffing is needed, first of all, in order to minimize your personnel costs. For many companies, it is economically beneficial to enter into a service agreement while reducing the number of employees. This is what happens in reality: formally, the employee leaves the original company and moves to an outstaffing organization, but in fact continues to perform the same job function (or changes at the request of management) at the customer’s enterprise.

Both of these options are related to tax optimization. The outsourcer performs the tasks necessary for the customer, relieving him of the forced recruitment of personnel. The outstaffer takes upon himself the registration of the employees needed by the client. But both options are beneficial for the customer from an economic point of view. Although these optimization methods have their drawbacks.

The outstaffing agreement does not have a clear legislative regulation, so the parties often abuse such circumstances. Fiscal authorities are identifying tax evasion schemes and are paying increased attention to this type of agreement.

The table shows the main differences between personnel outsourcing and outstaffing agreements:

What then is the difference between outstaffing and personnel leasing ? There is a type of outstaffing in which the employees of another company are, as it were, rented by the customer enterprise. That is, the employees have never been on the customer’s staff and are not transferred there, although they actually perform work for the tenant organization. At the end of the contract, the staff returns to their original company with which they are formally registered. In a leasing agreement, there is the possibility of the tenant “buying out” employees upon completion of the agreement.

Now let's see in what cases it is more profitable to use one or another type of contract. If it is necessary to perform one-time or temporary work, when it is necessary to attract additional labor resources or replace absent ones, an outstaffing agreement will be very helpful. The lease applies to specialized employees. And outsourcing of personnel is beneficial when a company is forced to solve any non-specific tasks that it is not ready to perform and cannot carry out using its own employees.

All three types of contracts related to the use of other people's resources are aimed at reducing personnel costs.

We recommend

“Part-time work: registration rules, difficult situations” Read more

Reasons and benefits of HR outsourcing

The need to use personnel outsourcing may be a consequence of a number of reasons related to the limit on staffing (transferring activities from small to medium-sized businesses), the seasonal nature of work, employee vacations, and optimization of administrative workload.

Outsourcing in relation to company personnel serves to improve the quality of work performed and the controllability of employees, reducing the risk of incorrect behavior during the implementation of double control.

The benefits received by company management as a result of outsourcing can be divided into several types:

1. Administrative benefits, including:
   reduction of costs for personnel records management and analysis of the professional qualities of hired employees before drawing up an employment contract;
2. no difficulties with trade union organizations;
3. operational regulation of performers (number, composition) at individual facilities and the absence of forced downtime.
4. Economic in the form of:
   the possibility of maintaining (obtaining) the status of a small enterprise;
5. use of a simplified tax accounting system and tax benefits;
6. redistribution of budget items related to expenses;
7. reducing the cost of paying compensation;
8. the ability to concentrate resources on the core business, thereby increasing the investment attractiveness of the enterprise and increasing production indicators per staff unit;
9. optimizing administrative costs for employees, attracting specialists to organize the most efficient activities or a certain process.
10. Legal in the form:
    removing part of the legal responsibility for employees, as well as the social block;
11. lack of formal obligations to employees;
12. absence of judicial and other proceedings on labor disputes;
13. assistance in finding employees for vacant positions;
14. obtaining professional advice on tax and labor issues.

Personnel outsourcing is convenient for both large and small enterprises. The only difference is the volume of redistributed functions and the final goals.

Is it true that outsourcing of personnel is prohibited from 2020?

Agency labor has only recently been subject to legislative regulation. Since 2020, there has been a ban on activities at the direction of an employer in the interests and under the direction of another organization, but business owners still find ways to circumvent this restriction for economic gain. Chapter 53.1 of the Labor Code contains a number of conditions under which the transfer of specialists from one company to another is permitted.

The provision of employees to another employer is permitted only for a certain period, which cannot exceed 9 months, and for the following reasons:

• the employer needs workers only for a limited period in connection with the expansion of production;
• it is necessary to replace a temporarily absent employee;
• It is necessary to provide assistance in the household to individuals.

The range of entities providing personnel outsourcing services is also limited. These can only be those persons who do not plan to work permanently:

• full-time students;
• single and large parents raising minor children;
• released from correctional institutions.

These workers are sent to organizations under the same conditions as if an employment contract was concluded with them.

Temporary employees cannot be hired if:

• staff strikes;
• situations of forced downtime or the introduction of part-time work during bankruptcy proceedings;
• refusal of full-time employees to perform duties, including due to delays in wages for more than 15 days;
• the need to perform work at sites of hazard classes I and II;
• the need to perform work in harmful (3rd or 4th degree of harmfulness) or especially dangerous working conditions;
• replacing employees whose presence is a requirement for obtaining a license, a condition for membership in an SRO or the issuance of a certificate of admission to a certain type of work;
• the need to replace crew members of sea vessels and mixed navigation vessels.

Consequently, freelancers can still be hired, but the legislator has set many restrictions that do not allow the tool of personnel outsourcing to be abused.

We recommend

“Marketing kit: how to create and stand out among competitors” Read more

Which organizations can outsource personnel since 2016

Not every company can undertake outsourcing or outstaffing from 2020. To provide workers for rent, an organization must undergo special accreditation with the Federal Service for Labor and Employment. A company applying for authorization must have:

• authorized capital of at least 1 million rubles;
• absence of debts on taxes and other obligatory payments;
• a manager with higher education and work experience in the field of employment of at least 2 years over the last 3 years, with no criminal record for committing crimes against the person or in the economic sphere;
• general taxation system.

Having passed this accreditation procedure, the agency will be able to freely provide personnel services. But such relationships are also possible between the parent and subsidiary enterprises, between the parties to the shareholder agreement - this is not prohibited by law.

All restrictions were established for the sake of only one goal - to protect the rights and interests of workers and increase the responsibility of host companies. To this end, the following measures have been introduced:

1. It is necessary to conclude an additional agreement with the employee to his employment contract, which will indicate the name and other data of the receiving organization, and also make an entry in the work book about temporary work.
2. Freelance professionals should be paid the same as regular full-time employees in their respective positions. Of course, the outstaffing company will pay the salary, but the amount of the remuneration directly determines the price of the rental service. In the same way, the employment agency will transfer appropriate contributions for workers in hazardous conditions, proportionally increasing the cost of the contract with the receiving party.
3. Accidents involving employees should be investigated by the host company, not the outstaffing company.
4. The obligation to pay the remuneration rests not only with the organization leasing the personnel, but also with the receiving party. Vicarious liability means that in the absence of payment for labor from the agency, the employee has the right to demand payment from the customer company.

What are the different types of personnel outsourcing?

• Accounting outsourcing. Used by organizations that do not have accountants on staff or have insufficient numbers. It is more economically profitable for them to use the services of a third-party specialist.
• Outsourcing of labor is often used by companies to perform unskilled labor.
• Outsourcing of technical personnel . Applies to the function of technical and operational maintenance, repair work, adjustment or installation of electrical installations.
• Outsourcing of warehouse personnel – ensuring the duties of warehouse workers and logisticians in the organization.
• Outsourcing of temporary staff . Often workers are required only for a certain period of time.
• Outsourcing of construction personnel . Used for construction work, repairs or reconstruction.
• Outsourcing of production personnel . Hiring industrial specialists.
• Outsourcing of service personnel also implies unskilled labor (courier, security guard, etc.)

Outsourcing of personnel training should be highlighted as a separate type :

• planning the training of company personnel, identifying the need for training, creating comprehensive educational programs;
• management of educational projects;
• conducting training;
• organization of distance training;
• analysis of training effectiveness.

We recommend

“How to calculate sales profit and 55 ways to increase it” Read more

What functions does outsourcing have in personnel management of an organization?

In the modern business environment, this type of outsourcing is very common, which implies:

• selection of employees and their adaptation;
• motivation and stimulation of personnel;
• training events;
• analysis of personnel performance;
• personnel records management;
• calculation of employee salaries;
• product of tax, pension and insurance contributions.

The ability to transfer the HR management function to a third party allows you to keep only the most valuable, highly specialized employees on staff, who will focus exclusively on the core profit-generating activities of the enterprise.

There are circumstances in which outsourcing of personnel is very desirable and even necessary:

• lack of personal experience, poor knowledge of legislation;
• forced reduction of staff, lack of financial ability to support specialists and equip their workplaces properly;
• inability to engage in any functions other than core ones;
• inability to keep up with the speed of business advancement given the slow pace of development of the organization's structure;
• territorial dispersion of enterprise divisions across different cities and regions, associated with the need to consolidate and process data in the central office;
• organization of a new project that needs highly qualified experienced specialists;
• the need to reduce management personnel costs as soon as possible;
• there is an urgent need to carry out work that requires qualified employees.

The advantages of HR outsourcing are obvious:

• reduction in personnel costs;
• rapid attraction of highly qualified specialists;
• the ability to concentrate only on core functions;
• increasing the efficiency of current activities;
• transfer of a significant part of the risks to the outsourcing organization;
• optimization of the enterprise structure.

Who is HR outsourcing suitable for?

First of all, we offer this solution to those companies whose type of activity legally requires certain requirements for staff. Such clients often do not have the opportunity to outsource specialized personnel or hire workers from outside, so HR outsourcing becomes the only optimal solution.

For example, construction organizations are required to have on staff a number of employees determined by law who have sufficient qualifications, knowledge and skills to perform their job duties.

Also, outsourcing of HR administration becomes an ideal compromise when working with those clients who are not ready to transfer their employees to an outstaffing company for their own reasons. For such cases, we always select the most suitable solution, discuss the details individually and guarantee comfortable cooperation within the framework of HR outsourcing.

Tell us in the comments - have you encountered such a personnel optimization solution? What is more convenient for you - your own accountant, an outsourced accountant, or full-fledged HR outsourcing? And why?

Personnel outsourcing: pros and cons

Advantages of personnel outsourcing:

• The benefits of the host company are primarily economic in nature. After all, when receiving qualified workers who perform the required function and achieve the desired result, the customer organization bears the costs only under an outsourcing agreement. At the same time, it is not spent on searching for personnel, maintaining a personnel service, deductions for wages and other mandatory contributions, thereby reducing a significant part of its accounting.
• By reducing personnel costs, the receiving organization directs resources to solve pressing problems, expand production, and hire highly specialized employees who will ultimately bring greater profits.
• The work of an accountant and personnel officer is greatly facilitated if they are on staff.
• Issues with employee absence are resolved very simply and effectively. The outsourcer always provides a replacement specialist.
• If an organization has a social package with additional bonuses (swimming pool, additional health insurance, meals, etc.), it applies only to full-time employees.
• Personnel outsourcing is aimed at quickly and efficiently completing a task in an area that goes beyond the core activities of the organization.
• It makes no sense to apply incentive methods or engage in additional motivation to employees under an outsourcing agreement.

Disadvantages and problems of personnel outsourcing :

• Despite the fact that the outsourcing company undertakes to provide the tenant company with personnel to solve important and pressing tasks for the customer, there is still a possibility that the service will be provided poorly. And, as a rule, it is possible to evaluate the result only after the passage of time. Perhaps the contractor’s mistake will lead to large losses or other adverse consequences for the customer. Of course, full-time employees can also lead to similar results, which means this point can be identified as a minus purely conditionally.
• It is easier for a manager to manage his own full-time employees than those employees who are actually employed elsewhere. It is difficult to somehow motivate them and influence the quality of their work. All that remains is to rely on the integrity and good business reputation of the outsourcing company.
• There is a threat of information leakage. Unauthorized people gain access to confidential data. And this always carries potential danger.
• The previous disadvantage, if it really manifested itself, will lead to serious consequences in a competitive market. By obtaining information about trade secrets, rival organizations will be able to suppress your business.
• Dishonesty of the outsourcer regarding the stated qualifications and experience in a particular matter. The consequences of such poor interaction can be avoided by conducting several trial tests.
• The difficulty of assessing activities in general is the lack of quality standards. This problem can be solved by concluding contracts for individual stages of work, specifying specific evaluation criteria in them. The agreement may provide for liability for adverse consequences for the performer.
• Lack of effective project management.
• There is a possibility of a decrease in the performance of full-time employees due to loss of motivation.
• The personnel outsourcing agreement should provide in detail the situation of termination of the agreement and the procedure for returning functions within the business.

Outsourcing. Description of the service, structure of the contract.

Outsourcing is a procedure in which part of the firm's powers and tasks is entrusted to third-party companies or individuals who have special skills to perform these tasks.

Such work can be carried out on an ongoing basis or the contract can be concluded for a long term, freeing up company resources that were previously spent on these tasks. (This can be either man-hours or various types of material resources).

Application of outsourcing. What functions can be outsourced?

Most often, small and medium-sized businesses outsource work on accounting reports, which is why outsourcing accounting services is so popular.

What are the reasons?

• The declaration is drawn up and submitted only once a quarter, so it makes no sense to have a permanent accountant to work four times a year.
• The manager does not have the necessary time/skills to prepare reports independently.

In what other areas is outsourcing popular?

1. I.T. _ Outsourcing is very widely developed in this area. Firms often need qualified assistance in maintaining office equipment, including computers and servers. Companies also order the development of custom software to perform highly specialized tasks. In addition, database work is often outsourced. All these processes require qualified knowledge and skills.
2. Audit . Often a company needs to review its own documentation. This is necessary to monitor all operations carried out in compliance with current laws. In this case, the company either connects its own resources or hires specialists (one or more) to conduct such checks. If such a need arises on a regular basis, the company enters into an outsourcing agreement.
3. Telemarketing . Call centers have become increasingly popular in recent years. Thanks to information from call centers, the company and the client can improve their interaction. Through feedback from customers, the company gets the opportunity to improve its product or service for representatives of its target audience. In addition, outsourcing often uses call centers from other countries, which allows significant savings on operator salaries.
4. Logistics outsourcing . If the company does not specialize in providing logistics services, then logistics-related tasks can be delegated to third-party specialists. Professionals in their field will cope with such issues faster and easier, using their experience and resources.
5. Business outsourcing . This type of outsourcing services is only gaining popularity in our country. Its essence is as follows: a specialist or company is entrusted with work on planning, creating strategies for company development or product sales, or working on personnel policies to achieve certain company goals.

Accounting outsourcing

Companies often decide to outsource their accounting or seek accounting advice from qualified experts. This gives customers of such services undeniable advantages:

• All reporting is prepared and submitted in full compliance with the law, clearly and transparently.
• The data is completely objective (after all, the third-party company is not interested in hiding it, and therefore is impartial).
• Significant savings. Outsourcing accounting services costs a company much less than salary deductions and insurance premiums for maintaining a full-time accounting department.

OUTSOURCING AGREEMENT

The interaction between the customer and the contractor is determined by a special outsourcing agreement, which, among other things, spells out in detail the entire list of services.

There is no such thing as “outsourcing” in the Civil Code of the Russian Federation; however, the legislation does not exclude the possibility of transferring part of the work to third-party organizations. That is, such agreements can and should be concluded competently and in accordance with the law.

An outsourcing agreement is a type of agreement for the provision of services, with the only difference being that such a document implies cooperation on an ongoing basis.

Here's what you should pay attention to when concluding an outsourcing agreement:

1. Confidentiality. The employer should specify in detail how the employee can dispose of the information that is provided to him to perform assigned tasks, and whether he has the right to disclose it.
2. Performer qualifications. At the request of the customer, it is also necessary to indicate in the contract whether the contractor has certain qualifications, if this is essential for the provision of these services.
3. Assessment of work quality. It is necessary to establish and register quality criteria, as well as types of work and deadlines.
4. Responsibility of the parties. If the contractor performs the tasks assigned to him poorly, the customer may suffer serious damage (costs, fines, etc.). For example, if the contractor is late in filing a tax return, the customer may face the need to pay penalties. The consequences of poor quality/untimely provision of services should be specified in the document in advance, as well as the amount of compensation for the costs that the employer will incur.

How to draw up an outsourcing agreement?

An example of the structure of such a document:

1. Name of the parties. Indicate the full legal name of companies or full names of individuals.
2. Subject of the agreement. The tasks assigned to the contractor, the scope of services provided and evaluation criteria are specified in detail.
3. Responsibilities and rights of the parties. This part indicates the time allotted for completing the work, as well as how the contractor reports to the customer. In addition, it is advisable to specify confidentiality requirements here.
4. Procedure for execution of the contract. This section specifies the deadline and procedure for providing interim reporting. It must be described how the employer is informed about the current state of affairs, as well as how the contractor provides information by order of the employer.
5. Payment order. This paragraph indicates the amount of remuneration to the contractor. Each type of services provided may be paid separately. In other cases, remuneration is paid in a lump sum, once a quarter or once a month at a pre-agreed rate.
6. Responsibility of the parties. Here we describe what is meant by poorly performed services. In addition, possible sanctions are stipulated, as well as in what cases the contractor is guaranteed payment.
7. Controversy. Potential conflict situations and ways to resolve them are described here.
8. Validity. As a rule, an outsourcing agreement is concluded for one year. If necessary, it can be extended.
9. Other conditions.

Outsourcing significantly saves the company’s time and effort.

If you want to fully concentrate on your business, without being distracted by accounting, you can entrust accounting matters to our professionals by concluding an outsourcing agreement with us.

We can conduct accounting for you on a regular basis (in whole or in part), which means that our experts will be aware of the financial affairs of your company and will be able to devote all their efforts to optimizing accounting processes to achieve the best results. Remember that by choosing outsourcing, you optimize processes, freeing up time for the most important thing - running your business and improving your products and services for your clients.
0

Outsourcing of personnel and companies that successfully use it

Many globally successful companies effectively use personnel outsourcing systems. For example, IKEA engages 2,500 third parties to solve its problems. Actually, it handles the main function (retail sales) independently, and everything else is almost completely outsourced. NOKIA directs all efforts and funds to the development of new gadgets, the production of various technical devices and marketing, leaving other tasks to freelance specialists. Global industry leaders such as NIKE, DELL and many others also actively use the services of outsourcers.

We recommend

“Cold calling: detailed instructions” Read more

HR OUTSOURCING AND HR ACCOUNTING

HR outsourcing is the transfer of HR department functions to a third party. Cooperation involves:

• assessment of the current personnel system;
• reorganization of the personnel management structure to meet business needs;
• drawing up employment contracts;
• registration of sick leave and business trips;
• increasing employee productivity through the development of internal regulations;

Labor outsourcing is a real help in staff formation. Transferring personnel problems into the hands of specialists allows you to reduce costs and devote full time and attention to key areas of the business.

By offering HR accounting outsourcing in Moscow, CENTRMIG provides its clients with unlimited opportunities for developing their business.

We help:

• keep track of working hours;
• replenish the archive of documents of dismissed specialists;
• identify errors in accounting;
• solve problems within the framework of current legislation.

Keeping personnel records helps reduce tax risks and costs. While specialists are developing, implementing and analyzing a personnel management system, the company's management is focused on solving other problems.

What is the price of personnel outsourcing

The cost of the service depends on many factors:

1. The term of the contract – the longer, the cheaper.
2. The number of personnel involved – the more, the cheaper.
3. Qualification, experience, education. Professionals cost more.
4. Seasonality. During periods of high demand for the service, it costs more.
5. Remoteness of the company and difficulty in transporting workers.
6. Working hours.
7. Sometimes the cost is determined by any increased requirements for specialists (for example, citizenship, external data).

The average price for the work of a highly qualified worker is 150-250 rubles per hour.

How are prices for HR outsourcing formed and on what do they depend?

When calculating the cost of outsourcing services, the following are taken into account:

• the number of specialists required by the customer: 10, 20, 50, 80 or more people;
• specifics of work: temporary, seasonal, permanent;
• office location (district);
• requirements for employees: skill level, age, education, experience;
• mode (round the clock, shifts, shifts, hourly pay or others).

The cost of outsourcing is calculated for each client individually. If you want to know the price and the specifics of cooperation specifically in your case, just call our specialist! We solve problems of any complexity related to the selection or hiring of employees for a cafe, hotel, restaurant, store.

How to step by step introduce personnel outsourcing into an organization

Step 1. Analyze the actual state of the company

No business should be started without preliminary detailed analysis and calculation. Try to draw up the project in documentary form, using numbers, in order to have a clear idea of ​​the feasibility of attracting an outsourcing company. What are the goals of a company in a competitive market? What are her priorities? Are there significant challenges to development at the current level? What type of work can be outsourced?

Try to calculate your costs using outsourcing of personnel and when carrying out activities on your own (how many additional employees need to be hired, how much to invest in expanding space for new employees, purchasing additional equipment, computer equipment, etc.).

Step 2. Make a decision

Only after weighing all the pros and cons, considering possible development paths, and calculating the upcoming costs, can you decide to switch to personnel outsourcing. As we have already mentioned, hiring outside employees also has its risks, and the contract fee will also be an expense line, so it is important to understand which option will be less expensive specifically for your organization in carrying out any function. Remember that the result of outsourcing services largely depends on the choice of the performing company.

At this stage, a development plan must be formed, otherwise it would not be possible to analyze it. The goals and objectives of the project have been established. Therefore, it is necessary to appoint a leader and create a working group. And now all that remains is to determine the amount of work that will be entrusted to the outsourcing company and, in fact, choose a company.

Step 3. Select an outsourcing company

There is no doubt that selecting a reliable counterparty is almost 90% of success in starting a business. If the executing company is identified incorrectly, it means that in the middle of the implementation of the business process, you will have to terminate the personnel outsourcing agreement and look for a new contractor, which will result in real losses.

Before concluding an agreement, carefully study the market, conduct a thorough search for a partner and examine his business reputation. Having identified a list of organizations that are of interest to you, analyze each of them according to the following parameters:

• speed of response to requests for on-site visits, remote administration or requests for consultation;
• the scope of services included in the contract;
• does a change in the number of the company affect the cost of the contract;
• the degree of control the outsourcing company has over its employees;
• form of interaction with the outsourcer in unforeseen situations;
• employee qualification level;
• procedure for terminating a contract for the provision of outsourcing services;
• security system in the outsourcing company.

The comparison can be made in the form of a table. This analysis will help you make an adequate and informed choice.

Step 4. Prepare the contract

Drawing up a personnel outsourcing agreement is a very important stage of cooperation. It can be called the foundation of successful business relationships. The stage of concluding an agreement is preceded by lengthy negotiations, during which goals, objectives and nuances are discussed that determine the rights and obligations of the parties in various situations. Don't be afraid to ask again and return to the same issues. Partners must have an extremely precise understanding of how to implement planned projects. The moment of transition to outsourcing should also be determined as clearly as possible.

Considering that the performing company must have extensive experience in solving the problem that the customer organization sets for itself for the first time or from time to time, sometimes you should listen to the advice of the outsourcer. They can be very helpful.

It is not worth concluding such a serious agreement without legal support. If the customer does not have a lawyer on staff, you can always hire an outside specialist. Competent drafting of the agreement will allow you to avoid future problems with interpretation and delimitation of rights and obligations. The contract must indicate the scope of functions that will be outsourced.

Step 5. Switch to a new work format

A new stage in the development of an enterprise, associated with the involvement of an outsourcing company, has certain features associated with changes in the psychological microclimate of the team. It is worthwhile to provide instructions to employees, and perhaps more than one, to carry out detailed explanatory work in order to convey to people all the details of the new format of activity. Explanations must be accompanied by written materials. At the end of the briefing, employees leave their signatures in the appropriate journal, order, instruction or other internal documents.

Particular sensitivity must be shown with dismissed employees. Often people leave an organization with resentment and disappointment. Some of them file complaints with supervisory authorities.

It would be highly desirable to develop and approve some local documents that would provide for the systematic implementation of the project and the procedure for the new staff. It would be useful to write or revise job descriptions.

Step 6. Request reports on the work done

Instead of a working group, the organization now has a specific employee who is assigned an important function. It is necessary to establish an obligation for him to provide reports to his superiors at a certain frequency.

As a result, the customer’s management analyzes the functioning of the outsourcing system based on feedback from employees, managers and partners, evaluates the results of the outsourcer’s services in accordance with planned indicators and makes a decision on the advisability of further implementation of the project.

If you are not satisfied with the result of cooperation with an outsourcer, do not shift all the blame onto the contractor. Analyze, perhaps the reason for everything was an unsuccessful project, but its implementation was completed quite adequately. The entire process of carrying out the assigned task must be carried out under constant supervision. And the more important the drafted project is, the greater the risks associated with its implementation, the more carefully and thoroughly you need to control its implementation. Methods of supervision depend on the type of activity.

We recommend

“Product placement: advantages, risks, examples” Read more

How to conclude an outsourcing agreement for the provision of personnel

The outsourcing agreement is regulated by the rules on the provision of paid services (Chapter 39 of the Civil Code of the Russian Federation).

Important conditions that must be agreed upon when concluding an agreement are:

• list of services provided;
• deadlines for providing information and work results;
• responsibility of the contractor and the customer;
• conditions for termination of the contract.

List of services that will be provided

At the stage of concluding a contract, the customer does not always know the full list of services that he will need in the future. He knows the basis that should be included in the agreement. But it very often happens that when performing a certain function, the need for unforeseen work arises. They may be associated with additional adjustment of equipment, for example, reconfiguring a program - any previously unforeseen services are possible here. All this will be formalized in an additional agreement to the main outsourcing agreement and will entail additional costs. Such situations often arise, even if the customer plans his future activities in detail. But in cases where a company approaches the setting of its tasks purely formally, leaving everything to the outsourcer, then in the future this may result in unforeseen expenses or litigation. Do not allow ambiguity in the wording of the personnel outsourcing agreement. The list of services and responsibilities of the parties must be spelled out as correctly as possible. For example, if the agreement includes accounting consultations and auditing among the paid services, then the customer does not have the right to require the contractor to represent his interests in court within the framework of the concluded agreement. In this case, during a constructive discussion of the emerging need, the parties may come to the conclusion of an additional agreement, which should also be drawn up in writing.

Deadlines for providing information

The timing of personnel outsourcing should be clearly defined, because the outcome of the provision of services often depends on them. Work completed at the wrong time sometimes loses value for the customer. And if the indication of the deadline is not precise and allows for different interpretations, then this will inevitably lead to quarrels and disagreements between the parties, which may well lead to litigation. A clearly described period for the provision of services allows the customer to avoid disagreements with the outsourcing company. Therefore, it is important to fix deadlines for both providing information and fulfilling duties, as well as specify responsibility for non-compliance with these conditions.

Responsibility of the parties

Competently drafting a personnel outsourcing agreement with a detailed statement of the clause on the responsibility of the parties greatly simplifies the procedure for resolving complex issues related to violation of obligations. Areas of responsibility should be outlined as clearly as possible. And if the contract includes sanctions for the outsourcing company’s failure to fulfill its duties in a timely manner, it is reasonable to provide for the customer’s guarantee for failure to provide the necessary information on time, which could cause a violation of obligations by the contractor. Responsibility can be expressed both by reference to the general norms of the law, and by a specific indication of the amount of penalties for each day of delay, the amount of the fine, as well as the obligation to compensate for losses in the part not covered by the penalty. In addition, some organizations manage to recover not only losses, but also lost profits, although this is not so simple. There is another option - limiting liability to a certain percentage of the total value of the contract.

Registration of the contract

The regulation of relationships in the labor rental market is carried out on the basis of a special outsourcing agreement. There is no legal regulation of relations of this type, however, the procedure for preparing and executing a contract requires careful preparation.

When drawing up a document with maximum detail, the following should be reflected:

• qualification requirements for personnel;
• time frames for providing and replacing workers;
• procedures for entering and exiting the project, directly performing labor functions;
• responsibility of the performing party for the quality of work of the provided employees;
• maintaining confidentiality (trade secrets), non-disclosure of confidential information;
• penalties (for example, in case of early termination of the agreement).

Provisions regarding remuneration for performance results must be formulated taking into account the Tax Code of the Russian Federation (Section V). It is necessary to indicate the cost of the contractor’s services in monetary terms, including the VAT clause. Changes in the amount of fees when the volume of services changes is fixed by an additional agreement to the contract.

In Art. 779 and 781 of the Civil Code of the Russian Federation indicate the mandatory reflection in contracts of the contractor’s obligation to provide services at the customer’s request (in detail) and the customer’s obligation to pay for the contractor’s services.

The text of the agreement must use the terminology of the Tax and Civil Codes of the Russian Federation. As a basis for concluding a transaction, it is recommended to use contracts for the provision of paid services, the requirements for which are set out in the Civil Code of the Russian Federation (Article 39, Article 779).

Important! In the Russian Federation, agency labor is legally prohibited, but activities to provide personnel are permitted (Federal Law “116”, 05/05/2014). The concept of lease under the Civil Code of the Russian Federation applies only to property. Therefore, the contract cannot indicate “employee rental”; it should be written “provision of personnel,” which implies a normal business transaction.