Personnel leasing

Personnel leasing is a management technology and a type of outsourcing, which makes it possible to provide the organization's business processes with the necessary resources using the services of a third-party executing company. From the point of view of the law, the definition of "provision of personnel" is more correct. Every year the number of companies that specialize in leasing is increasing. This is due to the high demand for staff hire. However, in all this variety of performers, it is important to choose the right intermediary and not "run into" scammers. 

For a long time, legal relations in the field of leasing were not regulated, but today the outsourcing contract for the provision of personnel is fully regulated. Moreover, improper provision of this service can lead to huge fines and various restrictions. 

Staff hire: general information 

The key feature of outsourcing is the fact that the customer needs to perform the service one-time or on an ongoing basis, and the contractor provides this service to him. An outsourcing company gives him the opportunity to close the problematic aspects of the activity without unnecessary expenses, and also allows him not to bother with solving various personnel issues. The Civil Code of the Russian Federation provides legal regulation of these working relations. 

The only difference between outsourcing personnel and ordinary employees is as follows: the customer of the service cannot require them to obey, follow the internal regulations or comply with various local regulations of the organization. In addition, he is not authorized to hold them accountable for their own actions. All responsibility will be assigned to the company that sent people to solve the problem. 

The staff that is provided for rent is on the staff of the executing company. He is paid a salary by a company that provides employees and guarantees payment of all social packages provided for by law. & nbsp;

When is staff leasing possible? 

The provision of personnel for rent has certain conditions and restrictions that must be observed. Employee leasing is possible if:

1. All data that a person will work under the control of other individuals and legal entities will be mandatory and fully recorded in the employment contract.

2. With each employee, after being sent to another person, an additional agreement to the contract will be concluded, which will determine the duties of the employee within the framework of subordination and following the requirements of the client.

3. Employees are sent in the following three cases: to help with the household, to replace the duties of temporarily absent employees and to perform temporary work lasting up to 9 months.

4. Personnel are leased without restrictions to business entities if they are full-time students, are parents with many children or single parents, and are also released from prison, subject to a fixed-term employment contract.

5. The organization took into account the opinions of the trade union if, with an increase in production, outside personnel are involved in the number of more than 10% of the total staff.

6. The person is ready to carry out specific work for the customer's side. 

There are additional restrictions on leasing employees in the Russian Federation. In order to fully respect all the rights of employees and minimize the risk of abuse by businesses, legislators have introduced restrictions. The customer cannot involve personnel to replace those employees who are on strike or idle. In addition, simple employers without a license cannot send employees to an outside business entity. 

Who can carry out personnel leasing? 

The law has narrowed the range of entities that can provide outsourcing and leasing services. Since 2016, this category includes private companies that have successfully passed accreditation for the right to provide leasing activities, as well as affiliates or parties to a shareholder agreement for personnel leasing. 

How do you know if hiring employees is legal in your case? 

In the process of inspections, various contracts of the organization under which work is carried out are studied. This is necessary in order to make sure for whom an outside employee is doing the work, who checks it and provides the task. If this work is performed by the customer, in this case, companies use agency workers and violate the state ban. In addition, indirect signs also point to illegal rent. When checking documents, pay attention to the following points:

• performers work in positions available in the staffing of the organization, which isis the customer;

• employees comply with the established rules of the client's work schedule;

• employment contracts do not specify a specific scope of work;

• tasks of employees are included in production activities;

• the customer pays for the work;

• the customer himself chooses employees to perform tasks;

• to perform various kinds of tasks for a sufficiently long period of time, the same employees are involved;

• the customer provides employees with guarantees and remuneration provided for by labor legislation. & nbsp;

Many companies draw up supplementary agreements to staff leasing agreements. They indicate that the work will be fully controlled by the performer, and not the customer. At the same time, the parties appoint representatives for effective interaction, only they can contact each other within the framework of a working relationship. & nbsp;

This rule helps companies avoid fines for violating the ban on hiring people. If you do not want to take risks, in this case, an agreement is concluded with private agencies. Use the work of external specialists only within the framework prescribed in this document. 

How to work with an agency that offers leasing? 

Before choosing a company to hire employees, consider a number of criteria in order to avoid large fines and penalties in the future:

1. Availability of accreditation. It can only be provided by Rostrud for 3 years with the possibility of extending the validity period.

2. Ensuring confidentiality. All personal data must be securely protected and handled appropriately.

3. reputation and experience. It is recommended to give preference to those companies that have been operating in the outsourcing market for a long time and have won the trust of customers. 

Why us? 

Our company has been operating on the market for many years and is maximally prepared for various changes in legislation. Turning to us for help, you get the following benefits:

1. There is no need to independently search for employees, which saves time and money.

2. With the help of temporary staff, you can increase the efficiency and productivity of workers.

3. In case of refusal of staff or absence from work due to illness, a prompt replacement will be carried out.

4. With the help of the leasing service, you are released from social obligations to employees of this type. 

To order the "Staff Leasing" service in our company, call the phone number indicated in the "Contacts" section or write to us using the feedback form on the website.