Subject
Recruitment of personnel from outsourcing - peculiarities of the process Personnel recruitment under outsourcing contracts Personnel outsourcing technology Conclusion of the contract Conclusions
Recruitment of personnel from outsourcing - peculiarities of the process
Modern business starts to resort increasingly for outsourcing and outstaffing of personnel
Personnel recruitment under outsourcing contracts
Although outsourcing is often referred to as staffing, it is more formally the provision of services or performance of work. Usually, the customer concludes a contract of a civil law nature with the outsourcer, which allows to involve third-party executors of the provision of these services. The outsourcer concludes a similar contract with the executors.
The contract always prescribes a specific value of works and/or the terms during which they must be completed. This is a key point, because if the terms are not specifically defined, the cooperation may be considered permanent and the relationship may be reclassified as employment. In this case, the employer will need to pay the executor all due compensations, conclude an employment contract with him, as well as pay taxes and insurance deductions for the entire period of cooperation.
Personnel outsourcing technology
How does personnel outsourcing
Another function that the outsourcer must undertake is control and management. This is another important point that distinguishes outsourcing from outstaffing. In practice, this is implemented, for example, as follows: the outsourcer forms a team of workers, appoints a foreman who determines the amount of work per day and distributes it among the performers. The customer does not participate in this process in any way, he only accepts or does not accept the work after its completion.
Conclusion of the contract
As mentioned, when outsourcing, the client does not order personnel, but certain services. Therefore, he needs to enter into a contract with the outsourcer organization for the performance of works/providing services. And in this situation the client acts as the customer, and the outsourcer as the executor.
In such a contract, it is important to specify the volume ("unloading 10 trucks") and/or the term of cooperation ("daily cleaning of the office for 1 month"). Payment can be contractual, for the entire service at once, or hourly, in this case the unit of measurement is the man-hour.
Such a contract usually stipulates that the executor can provide services both independently and with the involvement of third parties. The executor can act as their employer, and even enter into civil law contracts with them (a subcontract, a contract for the provision of services), the unit of measurement of which must correspond to the unit of measurement of the contract with the client.
Terms such as "staff leasing" and "staff rental" should not be used in the contract under any circumstances: they are incorrect from the legal point of view. Also, you should not use the words "employee" or "salary" - these are terms in the field of labor relations, while the contract is in the field of civil law. It is better to use the words "executor" and "reward". In the case of long-term cooperation, a flexible work schedule should be maintained. Otherwise, it is better to hire a full-time specialist.
Conclusions
Personnel outsourcing
The outsourcer provides certain services to customers with the help of third parties - executors. A contract for the performance of work/providing services is concluded both between the outsourcer and the customer, and between the outsourcer and the executor, and the completion of the work is confirmed by an act of acceptance and handover.
Outsourcing is useful for business seasonality and uneven loading, and provides an opportunity to select executors as needed. This allows you to save the budget: employees appear only when they are needed, only the actual amount of work is paid, there are no deductions to pension and insurance funds, as well as vacations or sick days. In addition, there is no need to spend resources on finding, hiring and adapting executors: this is handled by an outsourcing organization.
To avoid the risks associated with outsourcing personnel
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