Concluding an agreement with an outstaffing company
Posted: Tue Jan 21, 2025 9:25 am
Any interactions under the outstaffing model are carried out on the basis of an agreement signed by both parties.
The contract must include the following information: the full name of the employee, the time of the project, the salary amount, and the list of tasks that he/she must perform.
The provider company, in turn, provides all the required information about the employee’s qualifications, professional training and experience.
Concluding an agreement with an outstaffing company
During the cooperation under marketing with stockholder database the contract, the parties may draw up acts describing the progress and results of the work - the period worked by the employee and the volume of work performed by him. The hired specialist and the customer company are not bound by any documents that have legal force. The current Labor Code does not regulate the relationship between an individual outstaffer and the customer organization at all.
What aspects should be given special attention when drawing up a contract for the lease of personnel as part of outstaffing?
The essence of the transaction is the provision of a certain number of specialized workers for a certain period of time to perform a set volume of work. This is done within the framework of an outstaffing agreement, which may also include additional obligations of the provider company. They are what usually cause contradictions and conflicts between the parties to the transaction.
In practice, outsourcing of personnel is fraught with the following risks:
violation of tax legislation;
the possibility of challenging certain provisions of the agreement in court;
violation of the provisions of labor legislation.
When ordering personnel outsourcing services, the head of the customer organization must be aware that this business solution is new for Russia and not all of its aspects are regulated by law. Thus, tax authorities may regard the use of outsourcing as a way to evade taxes.
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On the other hand, tax officials clearly understand how low the level of security is when using hired labor as a way to avoid paying taxes. In practice, outstaffing proves to be a viable and promising tool. The outcome of legal proceedings, as a rule, depends on how the outstaffing agreement is drawn up and how the emphasis is placed in it.
The contract must include the following information: the full name of the employee, the time of the project, the salary amount, and the list of tasks that he/she must perform.
The provider company, in turn, provides all the required information about the employee’s qualifications, professional training and experience.
Concluding an agreement with an outstaffing company
During the cooperation under marketing with stockholder database the contract, the parties may draw up acts describing the progress and results of the work - the period worked by the employee and the volume of work performed by him. The hired specialist and the customer company are not bound by any documents that have legal force. The current Labor Code does not regulate the relationship between an individual outstaffer and the customer organization at all.
What aspects should be given special attention when drawing up a contract for the lease of personnel as part of outstaffing?
The essence of the transaction is the provision of a certain number of specialized workers for a certain period of time to perform a set volume of work. This is done within the framework of an outstaffing agreement, which may also include additional obligations of the provider company. They are what usually cause contradictions and conflicts between the parties to the transaction.
In practice, outsourcing of personnel is fraught with the following risks:
violation of tax legislation;
the possibility of challenging certain provisions of the agreement in court;
violation of the provisions of labor legislation.
When ordering personnel outsourcing services, the head of the customer organization must be aware that this business solution is new for Russia and not all of its aspects are regulated by law. Thus, tax authorities may regard the use of outsourcing as a way to evade taxes.
Read also!
"How to set up mobile traffic for the benefit of business"
On the other hand, tax officials clearly understand how low the level of security is when using hired labor as a way to avoid paying taxes. In practice, outstaffing proves to be a viable and promising tool. The outcome of legal proceedings, as a rule, depends on how the outstaffing agreement is drawn up and how the emphasis is placed in it.