Everything about outstaffing in 2021: definition of outstaffing, law on outstaffing 2021, is outstaffing prohibited, outstaffing scheme for employees and removal from staff, pros and cons of outstaffing ra

Not everyone is familiar with this form of relationship between employee and employer, such as outstaffing. However, in modern economic conditions, many employers are increasingly using outstaffing as an anti-crisis management tool, even though some still think that outstaffing is prohibited from 2021. So what is staff outstaffing and how to use it? What are the features of outstaffing? Does outstaffing have advantages and disadvantages? What law regulates outstaffing activities in Russia? Who can order outstaffing for employees and who cannot provide outstaffing services due to lack of accreditation? How to obtain accreditation of an outstaffing organization? Is it legal to outstaff foreign citizens?

You will find answers to all these questions, as well as additional information about the provision of outstaffing services in Russia, in our article on outstaffing in 2021.

To more conveniently navigate the page about outstaffing, you can use the navigation:

• What is outstaffing in simple words
• Personnel outstaffing scheme
• Using outstaffing: when to remove employees from the company's staff
• Areas of application of outstaffing
• Pros and cons of outstaffing
• Outstaffing: pros and cons for the employer
• Outstaffing: pros and cons for a freelancer
• Why is it believed that outstaffing will start in 2021? prohibited?
• Outstaffing: changes from 2021
• outstaffing law 2021
• Restrictions on the provision of outstaffing services in 2021
• Accreditation of outstaffing organizations in 2021
• List of accredited outstaffers
• OKVED outstaffing
• Subtleties of accreditation of private employment agencies
• Who accredits private employment agencies?
• Documents for accreditation of the activities of private employment agencies
• The procedure for accreditation of private employment agencies
• Sample outstaffing agreement
• Outstaffing cost
• Important!

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.

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:

1. The employer needs to reduce costs for employee salaries and payroll taxes.
2. 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.
3. 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.
4. 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)
5. It is required to increase the number of employees without losing the simplified tax system.
6. The employer does not want to employ workers who are on a probationary period or temporary workers.
7. 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 of personnel in Moscow

Outstaffing of employees - what are the advantages? By outstaffing workers at Leader Group, the customer company receives the following advantages and benefits:

• Avoids formalizing labor relations with additional personnel, which is especially important when formalizing outstaffing for foreign citizens.
• Keeps the number of its own staff unchanged.
• Saves on personnel records, social benefits and pension contributions.
• Gets the opportunity to quickly change the personnel and number of personnel without risking the emergence of labor disputes.
• Avoids labor inspection checks.
• Retains the possibility of simplified tax reporting.
• When outstaffing foreign personnel, the customer will be relieved of the need to issue and pay for work permits for foreign citizens.

The Group Leader guarantees the impeccable drafting of contracts for outstaffing personnel in Moscow, in the region and regional offices. Our lawyers will take into account all the nuances of the contract for outstaffing services for personnel of various qualifications and outstaffing of foreign workers.

The Group Leader assumes all obligations:

• on registration of employment of temporary staff;
• on training, retraining, sanitary control, registration and payment of professional medical examinations;
• for payment of contributions to all extra-budgetary funds;
• before the tax service and is a tax agent in relation to outstaffed personnel.

You no longer have to:

• 01
  Search, train and train workers.
• 02

  Conduct personnel records and store reporting documentation.

• 03

  Monitor compliance with labor laws and work schedules.

• 04

  Monitor the integrity of staff work.

Additionally, our outstaffing specialists in Moscow will remove the customer’s own staff from staff, if necessary.

Providing staff - what we offer

As a company that not only provides outstaffing services, Leader Group has a large base of highly qualified personnel, including engineering and management staff.

• 01

  Engineers and technicians

• 02

  Personnel for trade enterprises: merchandisers, cashiers, packers, packers, loaders, salespeople and consultants, cart operators.

• 03

  Personnel for the catering industry and restaurants: cooks, pastry chefs, waiters, dishwashers.

• 04

  Outstaffing of working personnel for mining and exploration enterprises in remote regions.

• 05

  Outsourcing of personnel for the hotel business: maids, cleaners.

• 06

  Teams and individual specialists in construction companies, in road construction: foremen, general workers, welders and loaders.

• 07

  Outsourcing of working personnel to production shops, to the conveyor: pickers, conveyor workers, seamstresses.

• 08

  Drivers, forwarders, storekeepers, couriers.

• 09

  Loaders, janitors, unqualified personnel.

• 10

  Our services include team building, organization and planning, and control of work performance.

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.

Differences between HR outsourcing and HR outstaffing

These two concepts have a number of differences, since they are completely different forms of contractual relations. In order to better understand how one differs from the other, we suggest considering the following table.

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Table of comparative characteristics of outstaffing and outsourcing

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Outsourcing companies: market leaders

According to the new legislation, accredited private employment agencies can carry out activities to provide personnel. At the same time, the agency has the right to send workers not only to legal entities, but also to individuals for the purpose of personal service. A legal entity, in turn, can accept outsourced personnel only in two cases:

• for temporary performance of duties of absent employees who retain their place of work;
• to carry out work related to a deliberately temporary (up to nine months) expansion of production or the volume of services provided.

In addition, according to the new amendments, legal entities (including foreign ones) can provide personnel if their employees are temporarily sent to organizations associated with the parent company with certain legal obligations (subsidiaries, branches, etc.) .

Simply put, a legal entity that is not an accredited agency does not have the right to provide personnel services to outside companies, and those, in turn, do not have the right to rent workers from it, since this will be considered agency labor.

If we talk about market leaders, the following outsourcing agencies can be distinguished among them:

• “Your Personnel” - merchandising, promotion, sales personnel, personnel for hotels and restaurants, cleaning, IT, accounting.
• "Kvel" - accounting, legal services, HR, IT, advertising and promotion, cash services, sales floor, cleaning, loaders.
• "Leader Team" - retail chains, merchandising, HR for production and warehouses, office staff (recruitment and training), independent inventory.
• "Global Staff" - retail, warehouse logistics, production, contact center.

Prices for personnel outsourcing services

What determines the cost of outsourcing personnel services? Firstly, what matters is the period of work for which temporary employees will be hired, secondly, the volume of work, thirdly, the qualifications of the employees involved, fourthly, the season and type of activity, and fifthly, the location of the office or place of work. Organizations providing personnel outsourcing services rarely provide a price list, since the cost of services depends on many factors and is determined individually. Nevertheless, approximate figures can be given. For example, service personnel - cleaners, drivers, cashiers, salespeople, loaders, handymen - will cost the company approximately 100–150 rubles per hour of work.

Heads of companies and HR departments believe that outsourced personnel are almost always more profitable than a permanent employee, even if the organization rents one of the best employees in its field. In addition, outsourcing minimizes legal risks associated with hiring and firing employees, frees you from administrative and accounting responsibilities, allowing you to focus on the company's core business.

Personnel outsourcing, a long-established and widely demanded service among Western companies, is gaining momentum in our country. Unfortunately, many Russian entrepreneurs still do not realize the economic feasibility of outsourcing non-core business activities. Moreover, the advantages of such a solution are not limited to savings on direct costs. The consequence of personnel outsourcing is a reduction in the bureaucratic burden on the entire business, and therefore on processes such as document flow, recruitment, training, accounting and personnel records, and management.

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.

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.

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.

Registration of relations between the parties to the contract for the provision of personnel

The agreement with the party receiving the workers should be called the “Agreement on the provision of labor for workers (personnel)”. Under the contract, the contractor (private employment agency) temporarily sends its workers, with their consent, to the customer to perform labor functions defined by their employment contracts, in the interests, under the management and control of the customer. The customer is obliged to pay for the services of the contractor (the organization that provided the personnel) and to use the labor of the workers assigned to him in accordance with the labor functions defined by their employment contracts (clause 2 of article 18.1 of Law No. 1032-1).

Such an agreement must necessarily include a condition that the receiving party (customer) is obliged to comply with the obligations established by labor legislation and other regulatory legal acts containing labor law standards to ensure safe conditions and labor protection for the employee.

Ban on contract

The conclusion of contracts for the provision of personnel labor is not allowed in the following cases (clause 12 of article 18.1 of Law No. 1032-1):

• if the host team went on strike;
• to perform work in case of downtime or part-time work, announced in order to preserve jobs in the face of the threat of mass layoffs of workers of the receiving party;
• if the receiving party is in bankruptcy;
• to replace employees of the receiving party who refused to work in cases established by labor legislation, in particular if their salary payment was delayed for more than 15 days.

In addition, private employment agencies will not be able to send their workers to perform certain categories of work, as well as to certain jobs and positions (clause 13 of article 18.1 of Law No. 1032-1):

• for work at hazardous production facilities of hazard classes I and II (the list of such work was approved by order of the Ministry of Labor of Russia No. 858n, Rostechnadzor No. 455 of November 11, 2015);
• to workplaces where working conditions are classified as hazardous working conditions of degrees 3 and 4 or dangerous;
• for positions that are associated with obtaining a license or other special permit to carry out a certain type of activity, a condition for membership in an SRO or the issuance of a certificate of admission to a certain type of work;
• to perform work as crew members of sea vessels and mixed (river-sea) navigation vessels.

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.

Staffing activities

Since 2021, two new concepts have been introduced into labor legislation: agency work and activities for the provision of personnel. At the same time, agency labor is prohibited by law.

Activities for the provision of personnel are the temporary sending by the employer (sending party) of its employees, with their consent, to an individual or legal entity that is not the employer of these workers (the receiving party) for the employees to perform labor functions specified in their employment contracts in the interests, under the management and control of the receiving party. parties (clause 2 of article 1 of the Federal Law of 05.05.2014 No. 116-FZ, article 18.1 of the Law of the Russian Federation of 04/19/1991 No. 1032-1 “On employment in the Russian Federation”).

The circle of persons who, starting from 2021, can carry out activities to provide labor for workers is limited.

The procedure and accreditation of private employment agencies for the right to carry out activities to provide labor to workers (personnel) are indicated on the Rostrud website. The website also contains a telephone number where you can get advice on such issues. You can also contact Rostrud in writing for clarification. It must be borne in mind that a written appeal must necessarily contain:

• name of the state body or local government body to which the written appeal is sent;
• or the surname, name, patronymic of the relevant official, or the position of the relevant person;
• Your last name, first name, patronymic (the latter - if available);
• postal address to which the response should be sent, notice of forwarding of the request (email address if the response should be sent in the form of an electronic document);
• the essence of the proposal, statement or complaint;
• Your personal signature and date.

GOOD TO KNOW

Agency labor is understood as work performed by an employee at the order of the employer in the interests, under the management and control of an individual or legal entity that is not the employer of the employee.

Law No. 116-FZ establishes certain requirements for such agencies. They have to:

• be a legal entity registered in the Russian Federation;
• apply a general taxation system. Organizations applying special tax regimes will not be able to be private employment agencies (Clause 6, Article 18.1 of Law No. 1032-1). In this regard, from 2021 in paragraphs. 21 clause 3 art. 346.12 of the Tax Code of the Russian Federation directly states that private employment agencies engaged in providing labor to workers (personnel) do not have the right to use the “simplified tax”;
• undergo accreditation to carry out this type of activity. Mandatory conditions for accreditation: authorized capital of at least 1 million rubles, absence of debts on taxes and fees, the manager has a higher education, work experience in the field of employment or promoting employment in the Russian Federation for at least two years over the last three years, the manager has no criminal record agencies for committing crimes against the person or crimes in the economic sphere.

A private employment agency has the right to send workers on the basis of a contract for the provision of personnel:

• to an individual who is not an individual entrepreneur for the purpose of personal service and assistance with housekeeping;
• an individual entrepreneur or company to temporarily perform the duties of absent employees who retain their place of work;
• an individual entrepreneur or company to carry out work related to a deliberately temporary (up to nine months) expansion of production or the volume of services provided.

GOOD TO KNOW

Federal laws may establish additional restrictions on sending workers to work under a contract for the provision of labor for employees (personnel).

Other legal entities, including foreign ones, will be able to carry out activities to provide labor for workers only if, with their consent, the workers are temporarily sent:

• to an affiliated organization;
• to a joint-stock company, if the sending party is a party to a shareholder agreement on the exercise of rights certified by shares of such a joint-stock company;
• to an organization that is a party to a shareholder agreement with the sending party (clause 3 of Article 18.1 of Law No. 1032-1).

That is, this category does not have the right to provide personnel services to outside companies. And these outsiders are her employees, because this will be the use of agency labor.

Please note: the organization does not have the right to use workers hired under a contract for the provision of labor:

• to replace workers participating in a strike;
• to perform work in case of downtime;
• in case of bankruptcy;
• when introducing a part-time regime in order to preserve jobs in the face of the threat of mass layoffs of workers;
• to replace workers of the receiving party who refused to perform work in cases and in the manner established by labor legislation, including replacing workers who temporarily suspended work due to a delay in paying them wages for a period of more than 15 days;
• performing work at facilities classified as hazardous production facilities of hazard classes I and II, certain types of work, lists of which are approved in the manner established by the Government of the Russian Federation;
• performing work in workplaces where working conditions are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions;
• filling individual positions in accordance with the staffing table, if the presence of employees filling such positions is a condition for obtaining a license or a condition for membership in a self-regulatory organization.

GOOD TO KNOW

Under a contract for the provision of personnel, the contractor temporarily sends his workers, with their consent, to the customer to perform by these workers the labor functions specified in their employment contracts in the interests, under the management and control of the customer, and the customer undertakes to pay for services for the provision of labor of workers (personnel) and to use the labor of those sent workers to it in accordance with labor functions defined by employment contracts concluded by these workers with the contractor.

Registration of legal relations

As for the formalization of relations between such organizations and those to whom the workers are transferred. The agreement with the party receiving the workers (individual or organization) will be called the “Agreement on the provision of labor for workers (personnel).” Under such an agreement, the contractor (for example, a private employment agency) temporarily sends its employees, with their consent, to the customer to perform labor functions defined by their employment contracts, in the interests, under the management and control of the customer. And the customer is obliged to pay for the services of the organization that provided the personnel and to use the labor of the workers sent to him in accordance with the labor functions defined by their employment contracts (clause 2 of article 18.1 of Law No. 1032-1).

A private employment agency is obliged to conclude an employment contract with an employee who will be temporarily sent to work in another organization or to an individual and make an entry in his work book (part one of Article 341.2 of the Labor Code of the Russian Federation). When an employee is sent to the receiving party, labor relations do not arise between it and the employee (part four of Article 341.2 of the Labor Code of the Russian Federation).

GOOD TO KNOW

The customer of services for the provision of personnel (receiving party) can, in principle, be any individual or legal entity. However, the very possibility of providing personnel labor (and, accordingly, using such services) is associated with certain restrictions.

Entry in the work book

What content should be included in the work book for agency personnel? Unfortunately, with the introduction of Ch. 53.1 of the Labor Code of the Russian Federation, no changes were made to the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69. It can be assumed that in the column “Information on hiring, transfer to another permanent job, qualifications, dismissal” an entry should be made the following content:

“Work under a contract for the provision of labor for workers (personnel) in “_________________” (name of organization), for example, from 03/15/2016 to 10/15/2016.”

In the column “Name, date and number of the document on the basis of which the entry was made” there is a link to the agreement on the provision of personnel.

Such an agreement must contain a condition that the employee, at the order of the employer, perform a certain labor function in the interests, under the management and control of persons who are not employers under this employment agreement (part one of Article 341.2 of the Labor Code of the Russian Federation).

The remuneration of third-party workers must be no less than the remuneration of workers of the receiving party of the same qualifications, performing the same labor functions (part two of Article 341.1 of the Labor Code of the Russian Federation). Compensation for work under harmful and/or dangerous working conditions is established on the basis of information provided by the receiving party (part three of Article 341.1 of the Labor Code of the Russian Federation).

GOOD TO KNOW

Unlike private employment agencies, other legal entities that have the right to provide services for the provision of personnel labor are not bound by any restrictions regarding the scope of activity of the assigned workers. However, restrictions on the use of labor of such workers established by paragraph 12 of Art. 18.1 of Law No. 1032-1 also apply to them.

Additional agreement to the employment contract

When sending an employee to work with a specific host party (with which an agreement on the provision of personnel has been concluded), the employment agency and the employee enter into an additional agreement to the employment contract. This agreement is an integral part of the employment contract and must contain information (part five of Article 341.2 of the Labor Code of the Russian Federation):

• about the receiving party, including its name (full name - for an individual), information on identification documents (for an individual), TIN of the receiving party (with the exception of an individual who is not an entrepreneur);
• on the place and date of conclusion of the employment contract;
• about the number and validity period of the contract for the provision of personnel.

Additional agreements to the employment contract should be concluded with the employee for each receiving party for whom he will work (part six of Article 341.2 of the Labor Code of the Russian Federation).

Such an agreement may also contain additional rights and obligations of the employee and the receiving party, reflected in the agreement on the provision of personnel (clause 8 of Article 341.2 of the Labor Code of the Russian Federation).

If suddenly the accreditation of an employment agency is suspended or revoked, it loses the right to conclude employment contracts for sending workers under a staff supply agreement.

However, all rights and obligations under previously concluded employment contracts are retained (Clause 9, Article 18.1 of the Employment Law No. 1032-1).

GOOD TO KNOW

The law does not name any conditions as essential or necessary for a contract for the provision of personnel. Consequently, due to the legal requirement common to all types of contracts, the essential condition of this contract is its subject matter. The subject of the contract for the provision of personnel includes the provision by the contractor (sending party) of its personnel at the disposal of the customer (receiving party) to perform certain labor functions.

Who must submit notifications of an accident in accordance with Art. 228.1 of the Labor Code of the Russian Federation (customer or contractor under an agreement for the provision of personnel)?

Quite a reasonable question. Specialists of the information portal of Rostrud “Onlineinspektsiya.RF” answer as follows: “Employees sent to work for another employer (Customer under a personnel supply agreement) perform labor functions in the interests, under the management and control of the specified employer.

An accident that occurs with an employee sent to perform work for another employer and participating in his production activities is investigated by a commission formed by the employer who experienced the accident (i.e., the Customer under the contract for the provision of personnel). The same employer is obliged to send a notice of the accident to the relevant authorities, as well as to the employer who sent the employee with whom the accident occurred (that is, the Contractor under the contract for the provision of personnel).”

GOOD TO KNOW

In fact, the activities of workers whose labor is placed at the disposal of the customer are carried out taking into account the internal labor regulations (in particular, working hours) of the receiving party (the possibility of stipulating in the contract for the provision of personnel a condition on the subordination of workers to these rules follows from part eight of Article 341.2 of the Labor Code RF), however, formally, employees are responsible for the performance of their labor duties not to the customer, but to the contractor.

Termination of the contract for the provision of personnel

As for the termination of the contract for the provision of personnel, at the moment it is not possible to give an unambiguous legal qualification to the contract for the provision of labor for employees. However, since the provision of workers (personnel) is a service (clause 2 of article 18.1 of Law No. 1032-1), there are grounds to qualify this agreement as a type of contract for the provision of paid services (clause 2 of article 779 of the Civil Code of the Russian Federation).

A contract for the provision of personnel may be terminated on the grounds provided for by the general provisions of the Civil Code of the Russian Federation on the contract, taking into account the features provided for the contract for the provision of paid services. In particular, such an agreement can be terminated at any time by agreement of the parties. It can also be terminated by a court decision in cases provided for by the Civil Code of the Russian Federation, other laws or the agreement itself. Finally, the basis for termination of a contract for the provision of personnel may be a unilateral refusal to fulfill the contract. The law allows for the possibility of such a refusal both on the part of the customer (subject to payment to the contractor for the expenses actually incurred by him) and on the part of the contractor (subject to full compensation for losses to the customer) (clause 2 of article 310, article 450, 450.1, 451 , 782 Civil Code of the Russian Federation).

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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.

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 has the right to provide workers

Activities for the provision of personnel have the right to carry out a very limited number of performers.

This:

• private employment agencies;
• legal entities for their affiliates or for an organization that is a party to a shareholder agreement.

In order for private employment agencies to provide personnel services, they must obtain accreditation. Accreditation is carried out by Rostrud. To obtain accreditation, a private employment agency must meet the following criteria:

• authorized capital of at least 1 million rubles;
• there are no debts to pay taxes, fees and other obligatory payments;
• the head of the agency has a higher education; his work experience in the field of employment or promotion of employment for at least two years over the past three years;
• the head of the agency has no criminal record for committing crimes against the person or in the economic sphere.

The rules for accreditation of private employment agencies were approved by Decree of the Government of the Russian Federation of October 29, 2015 No. 1165.

Other legal entities, including foreign ones, will be able to carry out activities to provide labor for workers only if, with their consent, the workers are temporarily sent:

• to an affiliated organization;
• to a joint-stock company, if the sending party is a party to a shareholder agreement on the exercise of rights certified by shares of such a joint-stock company;
• to an organization that is a party to a shareholder agreement with the sending party (clause 3 of Article 18.1 of Law No. 1032-1).

The procedure for formalizing labor relations between a private agency and an employee, the rights and obligations of the employee, the sending party and the receiving party, as well as the procedure for investigating accidents that occurred with such employees are regulated by the Labor Code. The specifics of formalizing labor relations with employees of organizations that are not private employment agencies must be reflected in the federal law (Article 341.3 of the Labor Code of the Russian Federation). Currently, there is no such law yet.

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.

Types of contracts for the provision of personnel

Recruitment of personnel from outside is usually carried out according to the scheme of outsourcing and outstaffing:

• Outsourcing involves the transfer of certain functions to another company (for example, accounting), without reference to a specific number of people working at the same time. In this case, the personnel works on the territory of the performing organization, and an agreement between the customer and the contractor is concluded for the performance of a certain amount of work.
• Outstaffing involves providing another organization with specific specialists who will actually carry out labor activities on the customer’s territory.

In both cases, the customer makes payments not to the employees, but to the performing company.

The prohibition of agency labor is stated in Art. 56.1 Labor Code of the Russian Federation. Chapter 53.1 of the Labor Code of the Russian Federation (Articles 341.1–341.5) provides the procedure for regulating the labor of personnel sent by the employer to other individuals or legal entities. In fact, any company can provide services under an outsourcing agreement. But there are strict restrictions on the provision of personnel under an outstaffing agreement in Russia; it is allowed to be concluded only by private employment agencies that have special accreditation, and for other legal entities this is only possible in cases where employees (temporarily and with their consent) are sent (Article 18.1 of the law on employment dated April 19, 1991 No. 1032-1):

• to a legal entity that is an affiliate of the sending company;
• to a legal entity that is a joint-stock company, if the sending company is a party to a shareholder agreement on the exercise of rights certified by the shares of such a joint-stock company;
• to a legal entity that is a party to a shareholder agreement with the sending company.

The main differences between outsourcing and outstaffing agreements can be seen in the table:

In the text of an agreement for the provision of services by personnel, the terms “staff leasing” and “staff rental” should not be used; this is not entirely correct. In Russian business practice, it is more correct to use the phrase “providing labor to personnel (workers).” The concept of “outsourcing agreement for the provision of personnel” would also be incorrect. A sample of such an agreement will be more consistent with an outstaffing agreement, since outsourcing involves performing a volume of work without sending workers directly to the customer, and here it means providing the company with the necessary labor force with the help of a third-party organization.

A sample contract for the provision of personnel can be found at the end of the article.

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.

Services for the provision of labor personnel

• Official registration of employees.
• Accounting, payroll.
• Filling out work books.
• Preparation of documentation for insurance and social benefits.
• Conducting briefings on labor protection and fire safety (OHS).
• Payment of taxes and fees.

In outstaffing, the cost of services is minimal. We offer them at a price affordable even for a novice businessman. A minimum of effort and investment on your part will optimize your business. This technology has long been used in Europe and the USA, and demand for it is growing in Russia.

Risks prevented by the transfer of employees from the company's staff

Businessmen face risks quite often, but when it comes to cooperation with a team of specialists from another country, it is better to get maximum guarantees.

An outstaffing company must have extensive experience, a good reputation, and at least several large clients. The Capital Personnel Agency most often provides outstaffing and outsourcing services to manufacturing, trading and warehouse enterprises, as well as during the sale or reorganization of a business.

What advantages does outstaffing provide to our clients:

• 1

  reducing the workload of the HR department;

• 2

  no fines or penalties due to problems with tax and migration services;

• 3

  quick search for seasonal workers;

• 4

  saving time and resources on personnel recruitment;

• 5

  HR outstaffing;

• 6

  prompt search for a team of specialists with the required experience.

Hiring foreigners is beneficial, but also carries certain risks. Outstaffing foreign personnel will allow you not to delve into all the intricacies of migration policy, legislation, etc. We will settle all issues with the migration service and other institutions.

Our client does not have a legal relationship with the people he hires, so we guarantee the legality of the work of each specialist. Our company offers outstaffing of personnel in St. Petersburg and the region at reasonable prices, you can be convinced of real savings and benefits already at the beginning of cooperation.

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.