Any company produces state of their employees on the basis of criteria for effectiveness of the business.However, sometimes faced with a situation where the cost and time for the selection, adaptation and training of new specialists is economically inexpedient.In this case, comes to the aid of businesses Outstaffing, acting as an effective tool for attracting freelancers.
consider the essence of such services, what is the subject of the contract with autstafferom what benefits the customer receives, operates in a highly competitive market, what risks he may face and how to avoid them.
Outstaffing: The notion
Acting in the interests of the client, autstaffer gives him the period of a particular project or seasonal work of competent specialists, possessing the necessary qualifications, experience and professional knowledge.
other words, Outstaffing - a decoration in the state of the network provider is actually the formal employer of the involved personnel, employees of the company-customer.The entire routine work related to personnel management, compliance with the rules of civil and labor law (including the provisions of the federal law on the employment of foreign nationals), transfer taxes, calculation and payment of wages falls on autstaffera.
briefly about foreign experience
USA, Canada, Western European countries are well familiar with what Outstaffing.In the decades that have passed since the first autstafferov (a downturn of 70-ies of XX century), they had time to appreciate the potential financial benefits from the services of a temporary freelance professionals.
For clarity, you can bring only a few digits.For example:
- market size outstaffing services are estimated at billions of dollars (7 billion - Germany, about 38 billion - the United Kingdom, 80 billion - US);
- number employed under a contract with autstafferami workers - from 7 to 10 million people (in the European Union and the United States, respectively);
- demand for offer outstaffing industry each year is about 30%
specifics of the Russian market
In Russia, the start of the popularity of these services began in the late 90s of the last century.Primarily, this was due to the economic crisis, persistently pushes entrepreneurs to the issue of optimization of personnel policy through rational and economically sound management of human resources.
Today rent personnel (outstaffing) - quite mundane and common practice in Moscow and many other Russian cities.Initially, the ranks of "derived from the staff" employees replenished narrow qualification specialists, to carry out a small segment of the work a certain profile, and top managers.Over time, they were joined by ordinary contract workers (for example, cooks, workers packing houses or warehouses, stewards, waiters, porters, etc.).
Drawing up a contract
outstaffing Services available to the customer under the terms of the agreement.To really provide an economic benefit from the concluded agreement and prevent the risk of unwanted questions from the representatives of the supervisory authorities, should be given due attention to this document.Without fail it should include specific and full information on the rights and obligations of the parties, the limits of their powers, the conditions of interaction and services.
prescribed in detail the functions performed by selected experts in the interests of the contracting parties as well as the requirements of the qualification data freelancers.Clearly specify the amount to be paid for services rendered autstafferu.This contractor undertakes to bear the costs of providing social guarantees (payment of hospital sheets, manuals and so on.), Transfer taxes and insurance premiums, pay the salaries of employees involved in the framework of formalized civil right contract.In addition, autstaffer takes the resolution of labor disputes and disagreements.
When necessary Outstaffing?
consider the desirability of attracting temporary work a certain number of employees as an example of a commercial organization.
- company expands the range of marketed products and sales representatives need to be actively stimulate demand for new brands.There is no doubt that in this situation the use of workers "by" much more profitable than to draw them in the state in view of the subsequent dismissal.
- The state company has an employee copes with his official duties, he may even have been loaded fully.However, for the period of his illness or holiday service autstafferov be quite appropriate.
- Staffing does not provide additional expertise for the implementation of the project or seasonal created a need for the performance of work which have not been planned in the current budget.
In comparison with the direct hiring of labor outstaffing allows you to get the customer service number of tangible benefits.What is it about?
- reduces the load on personnel service and accounting division, as a result, reduced administrative costs.
- are no risks associated with the prosecution for violations of labor laws (including laws on the employment of foreign nationals) and the occurrence of insurance cases.
- becomes possible to ensure maximum compliance with the number of employees actually existing scope of work and flexible human resource management.
- savings necessary for the organization of training and retraining of personnel.
What distinguishes outsourcing personnel from outstaffing?
By outsourcing means the actual transfer of certain functions of the contracting parties (external) to the executor.Thus freed human and financial resources that can be directed at addressing issues that need priority consideration and attention.What's more is the key difference between these business models, outsourcing and Outstaffing?
task workers hired under the outsourcing contract, - the provision of specified services (accounting, personnel accounting, legal support or other).However, they are employees of the company-outsourcer and can carry out their activities in the territory of the customer or on the territory of the Executive without direct customer interaction outsourcing company.
Outstaffing has a different character.This service involves the provision of customer specific professionals who work at his place of residence, without engaging them directly in the labor and civil relations.
Outstaffing as a tool for recruitment of migrant workers
no secret that the employment of foreigners in the Russian Federation is associated with certain difficulties arising from the stringent requirements of the migration legislation providing for significant penalties for violations, and the existence of quotas.In these circumstances, outstaffing foreign personnel to avoid many problems.
autstaffer The company carries out all personnel procedures in the framework of existing laws, making out a complete set of permits, giving the right to the involvement of foreign nationals.As a result, the customer saves on the acquisition of services specialized manuals or journals and professional staff training courses and seminars on the employment of migrant workers.But most importantly, it removes itself from any claims by the labor inspectorate, the migration service or the prosecutor's office.
procedures for fairness should be noted that, in addition to the advantages Outstaffing can conceal and hidden risks.In particular, there is a possibility to enter into knowingly unprofitable contract with the company, which specializes in providing services to the profile.
Such a document containing provisions contrary to legal norms may be invalidated by the courts, and hence will be a starting point for considering the question of bringing the part of the customer to legal liability and the imposition of penalties.To avoid the negative effects will allow cooperation with professionals to consider when developing a contract with all requirements of the FMS and the Federal Tax Service.
When outstaffing prohibited?
personnel have the right of legal persons only, an accredited (№ 116-FZ of 05.05.2014 years).The ban on outstaffing (as an activity) applies to individual entrepreneurs and companies that do not meet certain criteria in terms of size of the share capital of the working-time leader, and others.
In addition, federal law prohibits resort to autstafferov for the replacement of workers involved in strikeswhen hiring a crew of "river-sea" vessels and professionals to perform work on industrial sites with hazardous working conditions (3, 4 degree) and dangerous objects (I, II class).
In other cases, the responsible professional approach Outstaffing - the perfect solution for businesses interested in optimizing staff personnel, reducing costs and maximum concentration on strategic tasks.