In order to provide personnel leasing services, a legal entity must have a special type of accreditation (No. 116-FZ dated 05.05.2014).
Individual entrepreneurs and enterprises that do not meet the requirements regarding the length of service and education of managers, the availability of authorized capital in the required amount, etc. are not entitled to engage in outstaffing.
Companies that benefit from outsourcing personnel
As for customers, federal laws of the Russian Federation prohibit the use of personnel outsourcing services for the purpose of:
replace striking employees;
perform work during singapore email list downtime, bankruptcy, or part-time work (to preserve jobs if workers are threatened with mass layoffs);
replace personnel who refuse to perform their duties (if this is caused, among other things, by a delay in salary payment of more than 15 days);
performance of certain types of work at hazardous facilities of hazard classes I and II (for a full list of these works, see the order of the Ministry of Labor of Russia No. 858n, Rostekhnadzor No. 455 of 11.11.2015);
replace employees, thanks to whom the company can obtain a license, a certificate of admission to a particular type of work, or become a member of an SRO;
recruiting crews for sea vessels, as well as river-sea vessels, to perform certain jobs.
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Thus, a company can hire a freelance worker, but it must be aware of and comply with numerous restrictions.
If you follow them and approach outstaffing responsibly and far-sightedly, it will become an excellent tool for optimizing the organization’s staff, reducing costs and concentrating all resources on achieving strategic goals.
5 steps to hiring personnel through outstaffing
To attract hired personnel using the outstaffing model, the following steps must be taken:
The customer company contacts an agency providing personnel outsourcing services and gives the task of finding specific specialists. The companies sign a civil law contract for the provision of personnel leasing services.
The recruitment agency prepares documents for employees (if necessary, re-registers workers from the client company's staff). If foreign workers are hired (for example, seasonal workers), the agency notifies the FMS and the Ministry of Internal Affairs about this.
Freelancers begin working for the customer in full compliance with the personnel rental agreement.
If there are any audits or problems with the company's freelance staff, the agency will deal with them.
Freelancers receive their salary from the agency on time.