Outsourcing is an organizational decision of the customer company to transfer, under the contract, part of the company's functions to a third-party executing organization. Based on the definition, migration outsourcing means the transfer of responsibilities for maintaining migration document management to another organization.
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Outsourcing is an organizational decision of the customer company to transfer, under the contract, part of the company's functions to a third-party executing organization. Based on the definition, migration outsourcing means the transfer of responsibilities for maintaining migration document management to another organization. Thus, the outsourcing organization undertakes to keep records and control migration documents at all stages of paperwork.
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At the same time, the main responsibilities of the executing company include:
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<ul class="list icons list-unstyled">
<li><i class="fa fa-check"></i>conclusion of an employment contract with foreign workers;</li>
<li><i class="fa fa-check"></i>registration of workers' registration documents for their availability and relevance;</li>
<li><i class="fa fa-check"></i>timely notification of the migration service to conclude or terminate an employment contract with employees;</li>
<li><i class="fa fa-check"></i>Prolonging the registration of employees after their expiration date.</li>
</ul>
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It is important to note that the legal responsibility, as well as the risks associated with the registration of migrants and their labor activity, remain with the actual employer, that is, the customer company.
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<h4>Benefits of outsourcing foreign workers</h4>
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Of course, the transfer of the functions of migration workflow to the execution of an outsourcing company eliminates many associated difficulties, such as:
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<li><i class="fa fa-check"></i>concluding an employment contract with a foreign worker;</li>
<li><i class="fa fa-check"></i>registration and renewal of registration at the address of the employer;</li>
<li><i class="fa fa-check"></i>possible legal and financial risks associated with the labor activity of migrants;</li>
<li><i class="fa fa-check"></i>preparation for inspections by supervisory authorities;</li>
<li><i class="fa fa-check"></i>HR document management;</li>
<li><i class="fa fa-check"></i>termination of an employment contract with a foreign worker.</li>
</ul>
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However, on the financial side of the issue, paying for the services of an outsourcing organization is not much cheaper than paying for the work of your own staff. Nevertheless, migration outsourcing minimizes the risks of getting sanctions or huge fines for violations identified by the labor inspectorate. Therefore, the additional costs of outsourcing are offset by the transfer of all organizational risks under the responsibility of the outsourcing company.
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In addition, for the correct enrollment of a foreign citizen, a legal qualification in this area is necessary. And not every production personnel officer has all the necessary knowledge and experience in the field of migration legislation. And therefore, most likely, serious mistakes will be made, which will be revealed at the first check and, as a result, will be fatal for the business.
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For employers, in whose interests to protect the capital of the enterprise from possible losses associated with violation of migration laws, it is advisable to use the service of migration outsourcing. Thus, all private problems will be given to professionals for execution.
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<h4>Workflow</h4>
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The beginning of cooperation with an outsourcing organization begins with the conclusion of an agreement. At the same time, the executing company can offer you two packages of services:
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<ul>
<li>comprehensive migration outsourcing;</li>
<li>partial outsourcing</li>
</ul>
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Comprehensive outsourcing includes a full package of services, where the executing company takes over all the functions of the personnel and legal department dealing with the employment of foreign citizens on the side of the customer company. With this type of cooperation, the customer receives:
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<ul class="list icons list-unstyled">
<li><i class="fa fa-check"></i>audit of the already created workflow in the company in order to identify and correct possible errors, shortcomings and violations;</li>
<li><i class="fa fa-check"></i>employment of foreign workers, as well as - paperwork, maintaining and submitting reports, as required by the requirements of the migration legislation of the Russian Federation;</li>
<li><i class="fa fa-check"></i>sending notifications of requests and applications to migration and other government services;</li>
<li><i class="fa fa-check"></i>full legal support for the period of documentary and field checks of the Federal Migration Service;</li>
<li><i class="fa fa-check"></i>consultation on issues related to migration;</li>
<li><i class="fa fa-check"></i>timely notification of changes in labor and migration legislation.</li>
</ul>
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In addition to a comprehensive package of services, there is also partial outsourcing, which involves the implementation of a certain part of the work selected by the customer. For example, it could be:
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<ul>
<li>checking the correctness of the documents;</li>
<li>audit of the company's migration document flow;</li>
<li>decorationregistration of registration patents and other documents for a foreign citizen;</li>
<li>sending notices of applications and other documents to regulatory authorities;</li>
<li>consultations on certain migration issues;</li>
<li>notification of changes in migration legislation;</li>
<li>preparation and legal support during FMS inspections.</li>
</ul>
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At the same time, the right to order one or more services from the list remains with the customer. Plus, the scheme of cooperation with an outsourcing organization is very simple. For example, the procedure for processing documents for foreign citizens consists of 5 steps:
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<ol>
<li>agreement on the terms and conditions for the provision of services and its cost;</li>
<li>conclusion of a bilateral agreement;</li>
<li>sending by the customer of electronic copies of documents;</li>
<li>documentation by the executing company;</li>
<li>sending finished documents to a representative of the customer company.</li>
</ol>
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The cost of services directly depends on the complexity and volume of work.
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<h4>Differences from outstaffing</h4>
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It is worth noting that in the field of contracting business there is also an outstaffing service, the mechanism of which is more inventive than outsourcing, and therefore employers often face the difficulty of choosing which service is more economically and expedient to use.
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Outstaffing, in turn, also refers to the organizational decision of the enterprise, which is associated with the use of freelance labor. To do this, they resort to the services of recruitment agencies. They also search for the necessary foreign specialists, arrange them for the staff of the agency, and then transfer them for outstaffing to the customer company under a staffing agreement.
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Thus, when transferring work to outsourcing, the employer is not relieved of the obligation to register foreign citizens. And all committed violations regarding migration legislation, even if they arose through the fault of the executing company, turn into fines and legal liability against the customer company.
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In the case of outstaffing, foreign workers are listed on the balance sheet of the recruitment agency. Therefore, the customer company is not formally related to them, and, as a result, is not responsible for non-staff personnel. And all personnel risks, however, as well as accounting calculations, are assigned to the shoulders of an intermediary organization.
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Summarizing the difference between outsourcing and outstaffing, we can conclude that the use of freelance labor is more efficient and safer for the employer, since using the services of migration outsourcing, the company, as before, will be under the threat of sanctions and fines from the control and supervisory services. When outstaffing, all personnel obligations are assumed by the recruitment agency.
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<h4>Frequently asked questions</h4>
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What is an outsourcing contract? </label>
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This is the transfer of rights and obligations for the execution of part of the business processes to a third-party company. At the same time, the executing company, as a rule, uses its own resources to fulfill contractual obligations.
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How much does migration outsourcing cost? </label>
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The cost of providing complex services can be found in the price list on the company's website. In the case of performing specific tasks, the cost of the service is calculated individually, based on the amount of work.
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What is safer for an employer - migration outsourcing or outstaffing? </label>
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The use of a particular service by an employer has its advantages and disadvantages. Even despite the fact that outstaffing involves the rental of foreign specialists, which de facto relieves you of the obligation to keep personnel records. After all, de jure, employees will not belong to your company, which creates the risk of undesirable situations for your business. In the case of outsourcing, all foreign specialists are listed on the balance sheet of your organization. In addition, the employees of the outsourcing company will secure your business as much as possible from various kinds of checks.
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Who is responsible for personnel records management under the concluded migration outsourcing agreement? </label>
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In fact, legal responsibility is not removed from the employer, even if part of the business process is transferred to a third-party organization. However, the outsourcing company is interested in professional personnel records management, since in case of making mistakes, as a result of which the financialcumulative or other damage by the customer company, the latter party has the right to send a claim for pre-trial resolution of the dispute.
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<h4>What will you get as a result?</h4>
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Comprehensive or partial migration outsourcing
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