License to provide personnel from a year. The rules of accreditation for the provision of labor of employees (personnel) have been adopted. Provision of workers by another organization

Russia has Federal Law No. 116-FZ, which was amended in 2016: a ban on agency labor in our country. We will talk in more detail about the main requirements of the new law, about the concepts of "contingent labor" and "activities for the provision of labor for employees" in our article.

Agency work in its various manifestations has existed in our country for many years and even decades: this type of relationship between an employee and an employer in Russia was quite common until the “rules of the game” in this area were regulated by serious legislative acts.

On January 1, 2016, Federal Law No116-FZ came into force in Russia, which introduced a number of important changes in Tax, Labor Codes Russian Federation, in the Law "On Employment in the Russian Federation", in the Federal Law No. 125-FZ "On Compulsory Insurance against Industrial Accidents and Occupational Diseases".

In particular, the law made important additions to the Labor Code of the Russian Federation: Article 56.1 introduces a definition of this concept: “Replacement work is work carried out by an employee at the direction of the employer in the interests, under the management and control of an individual or legal entity that is not an employer this employee».

In other words, agency work is work that is performed by an employee of one company on the orders of his manager, but in the interests of another person who is not his boss, that is, this category of employees can be called “borrowed”.

Abroad, such relations are called Outstaffing from the English. the preposition out - “outside” and staff in translation - “staff”.

In a simple form, agency work looks like this: a person enters into an agreement with a certain enterprise, for example, recruitment agency, which then, on special conditions, transfers the work of this person “for rent” to another company, another employer. At the same time, a fixed-term employment contract is drawn up with an individual.

The benefits for an employer hiring agency workers are obvious.
Firstly, the employer can terminate a fixed-term employment contract at any time, and secondly, an indisputable plus for the company is that such a fixed-term employment contract does not regulate the mode and time of work, working conditions.

The salary of outstaffed employees, as a rule, is significantly lower than that of their colleagues employed "officially", working conditions are worse, and if accidents occurred, a person could not "find ends" in order to demand compensation from his employers . In other words, "borrowed" employees could not take full advantage of all the possibilities of the current labor legislation, social insurance etc.

Prior to the adoption of Federal Law No. 116-FZ, several million people were employed in agency work in our country. The new Federal Law regulates this area and says that the object of lease can be property, but never a person. The Labor Code of the country is supplemented by Article 56.1, the first phrase of which reads: “Attendment work is prohibited”, and the work of employees temporarily sent by the employer to other individuals or legal entities under a staff labor contract is established by Chapter 53.1 of the Labor Code of the Russian Federation.

Why was agency work banned by law in our country? Because within the framework of such tripartite labor relations - “a real employer, a formal employer and an employee”, the rights of citizens were infringed in most cases.
But, according to Federal Law No116-FZ, this form of employment in our country is allowed, but only in a different form and with mandatory compliance by employers with the requirements of the new law and basic labor standards.

Federal Law 116-FZ amended the Law of the Russian Federation “On Employment in the Russian Federation” and introduced new concepts related to such a form of interaction between employers as outsourcing into Article 18.1 “Carrying out activities to provide labor for workers (personnel)”.

For example, such type of interaction between two employers as outsourcing is allowed in our country. If a firm enters into an agreement with third party for the provision of services, for example, for cleaning the premises, this is outsourcing. That is, the transfer of functions of employees, a kind of "subcontracting" is carried out. But do not confuse the concepts of "outsourcing" and "outstaffing".

Federal Law No116-FZ establishes certain restrictions on outstaffing and introduces new provisions that regulate the work of this category of citizens. Consider these requirements.

1. Activities for the provision of employees for outstaffing have the right to carry out:
Private employment agencies
Other legal entities, including foreign ones, if, with the consent of agency workers, they are temporarily sent to a legal entity that is affiliated with the sending party (that is, capable of influencing the activities of legal entities or individuals that carry out entrepreneurial activities), or a joint-stock company companies, or a legal entity that is a party to a shareholder agreement with the sending party.

2. Private employment agencies receive the right to carry out outstaffing activities only if the following conditions are met:
The employment agency should not have debts for taxes, fees and other payments to the country's budget;
The absence of a criminal record of the head of the company (in particular, economic and against the person);
The authorized capital of the agency is at least 1 million rubles;
Availability higher education at the head of the agency;
At least 2 years of experience over the last three years of work with the head of the agency in the field of employment and employment.

3. Only enterprises that do not apply special tax regimes have the right to engage in activities for providing employees for outstaffing.

4. In an agreement on the provision of labor of agency employees of one company for another organization in without fail conditions must be included on the observance by the host of the obligations to ensure safe conditions and labor protection, which are prescribed in the laws of the country.

The right to provide personnel now belongs to accredited private employment agencies. They must match the following established requirements: Availability authorized capital in the amount of at least 1 million rubles, no debt to the budget, the head of the agency has a higher education, as well as work experience in the field of employment or employment promotion for at least two years over the past three years, the head of the agency has no convictions for crimes against personality or economic crimes. Companies applying special tax regimes, for example, the simplified tax system or UTII, will not be able to act as agencies. This is done precisely because outstaffing has often been used by companies to avoid taxes.

Outstaffing: what is it?

This is a method of personnel management in which a certain number of employees provide services to the customer without entering into civil law or labor Relations. Unlike outsourcing, outstaffing does not involve the transfer of any functions by an executing company, for example, a law or accounting firm, but the transfer of specific employees working in the company who actually work in a different place and perform the same functions, but are registered in the staff of another organization. Conventionally, outsourcing is a “rent of services”, and outstaffing is a “rent of employees”. Outstaffing allows you to reduce the burden on the HR department, reduce staff costs and optimize tax payments.

The new law does not prohibit outstaffing as a phenomenon, but imposes more stringent requirements on it, determining who can use the provided personnel, from whom and for how long it can be taken; in what cases it is impossible to use such personnel; What kind of jobs can you use it for? what should be spelled out in the contract between the company that uses such a service and the company that provides staff.

Benefits of the new law for the employer:

You can invite an absent employee to the place, for example, on maternity leave, personnel provided by a private employment agency, or employees of an affiliated legal entity. The company does not have labor relations with the provided personnel, and payment for the use of their labor is regulated by a civil law contract and goes to the actual employer. This approach saves time and costs for staff search, as private employment agencies will quickly find a suitable employee, and in addition, he will not need to pay sick leave and vacation.
With a temporary expansion of production and volume of work for up to nine months, the company can apply to a private employment agency and use the services of the provided personnel. This is especially advantageous if such an increase in the company has occurred abruptly and there is no time for the selection and employment of employees.

Cons of the new law for the employer:

In a private employment agency, staff can be hired for a maximum of nine months if they are not recruited to the place of a temporarily absent worker.
It is impossible to hire the provided personnel to work in harmful working conditions with degrees 3 and 4, as well as to work in hazardous working conditions.
The law establishes a lot of different restrictions both on the accreditation of private employment agencies, and on situations when it will be impossible to conclude such an agreement on the provision of personnel.

Commentary by Valentina Mitrofanova, founder and director of the Institute of Professional Personnel Officer, an expert on labor legislation and the implementation of management decisions

From January 1, 2016, a ban on the use of agency labor came into force in Russia, which at the same time allows the use of the labor of provided personnel in two cases, one of which is the use of personnel provided by a private employment agency.

In order for such private employment agencies to be able to be accredited and legally provide services, Decree of the Government of the Russian Federation No. 1165 dated October 29, 2015 “On Approval of the Rules for Accrediting Private Employment Agencies for the Right to Provide Labor for Employees (Personnel)” was adopted.

What do those companies that used the labor of loan personnel (outstaffing) need to know now? That 116-FZ introduces an article on the prohibition of agency work into the Labor Code of the Russian Federation, and if the company continues to use the labor of workers with whom it has not directly concluded employment contracts, but they work on the territory of this company on the basis of an employment contract with another company, this will now be an administratively punishable act.

And today in judicial and inspection practice there are enough cases of bringing such employers to responsibility. Since January 1, 2015, the Code of Administrative Offenses has sanctions for evading the conclusion of labor contracts, for the conclusion of civil law contracts instead of labor contracts. Moreover, for these violations, increased amounts of administrative fines (up to 100,000 rubles per legal entity) are provided, which in practice have now begun to be applied to each individual case of such a violation.

If, during the audit, five people were conditionally found in your organization, for which the employer entered into a civil law contract instead of an employment contract or evades concluding employment contracts, justifying this by the fact that these are employees of another legal entity with which your company has concluded a contract for compensation provision of services, an administrative fine may be applied for each special case in the indicated size.

Since one of the two options is the use of the labor of the provided personnel by a private employment agency, it must be understood that such an agency must be accredited in the manner established by the new Decree of the Government of the Russian Federation.

Unfortunately, the use of labor provided by personnel from a private employment agency does not solve most of the practical problems of the employer, the host. It is impossible to use such personnel in jobs that are rated as harmful (3.3 and 3.4) and dangerous, as well as for more than nine months.

Therefore, there is no need to talk about the legalization of the labor of such personnel, there are too many legislative restrictions for employers and those who provide labor for such personnel. Rather, it looks like a ban on agency work, except in cases of short-term use of personnel from special organizations.

Activities for the provision of labor of employees (personnel)

Relations related to the provision of services for the provision by the contractor of his employees (personnel) to work on behalf of and under the control of the customer of such services have existed in civil circulation for a long time. These legal relations have received such names as "outsourcing", "outstaffing", "personnel leasing", "staff rent". Their essence lies in the fact that the service provider grants the customer the right, for a certain period, to dispose of the labor of the contractor's employees within the labor function specified in the employment contracts between the contractor and his employees, that is, to use the labor of these workers in their own interests, giving them appropriate instructions.

Until 2016, there were no special rules in the legislation regulating such legal relations. From 01/01/2016, the law regulated the relations on the provision of labor of workers (staff) to persons who are not employers in relation to these workers, at the same time, significantly reducing the possibility of such use of hired labor. If earlier the list of cases when an employer could send his employees to work in the interests and under the control of another person was not limited in any way, now such use of the labor of employees is possible only in cases strictly defined by law and only by certain categories of employers. The relevant amendments to the legislation were made by Federal Law No. 116-FZ of 05.05.2014, which entered into force on 01.01.2016.

From this date, agency work is generally prohibited. At the same time, agency work is understood to mean work carried out by an employee on the instructions of the employer in the interests, under the management and control of an individual or legal entity that is not the employer of this employee (Article 56.1 of the Labor Code of the Russian Federation).

In some cases, the law allows employers to temporarily assign their employees to work for another person who is not their employer, for the benefit, direction and control of that person. Such a direction of employees is the subject of an agreement on the provision of labor of employees (personnel) (hereinafter also - an agreement on the provision of personnel). The previously used terms "outsourcing", "outstaffing", etc. are not mentioned in the law, although in essence we are talking about the same legal relations.

Under an agreement on the provision of personnel, the contractor temporarily sends his employees, with their consent, to the customer for the performance by these employees of the labor functions determined by their employment contracts in the interests, under the management and control of the customer, and the customer undertakes to pay for the services for the provision of labor of employees (personnel) and use the labor of the employees sent employees to him in accordance with labor functions, certain labor contracts concluded by these employees with the contractor (paragraphs 1, 2, article 18.1 of the Law of the Russian Federation of 04/19/1991 N 1032-1 "On Employment in the Russian Federation", hereinafter - Law N 1032-1).

As follows from the above norm, the parties to the contract for the provision of personnel are the customer (receiving party) and the contractor (sending party). As a rule, the contractor under such an agreement can only be a private employment agency - a legal entity registered in the Russian Federation and accredited for the right to carry out activities to provide labor for employees (staff) (clause 1 clause 3 article 18.1 of Law N 1032-1 ). Requirements for private employment agencies are provided for in paragraphs. 6 and 8 st. 18.1 of Law N 1032-1. Thus, in order to obtain the status of a private employment agency, a legal entity must have an authorized capital of at least 1 million rubles, it must not have any debts in paying taxes, fees and other obligatory payments, a number of requirements are established for the head of such an organization. In addition, a private employment agency cannot apply special tax regimes*(1) .

Other legal entities, including foreign legal entities and their affiliates (excluding individuals), may provide services for the provision of labor for employees (personnel) (hereinafter referred to as services for the provision of labor for personnel) only in the following cases:

The customer of such services is an affiliate of the sending party;

The customer of services is a joint-stock company, and the sending party is a party to the shareholder agreement on the exercise of rights certified by the shares of such a company;

The customer of services is a party to the shareholder agreement concluded with the sending party (clause 2 clause 3 article 18.1 of Law N 1032-1).

In all cases, employees are sent to the customer on a temporary basis and only with their consent (see also part one of article 341.1 of the Labor Code of the Russian Federation). Regardless of whether the sending party is a private employment agency or another person, the basis for the work of employees of such an organization with the receiving party is always a contract for the provision of personnel.

In principle, any natural or legal person can be the customer of staffing services (host). However, the very possibility of providing labor for personnel (and, accordingly, using such services) is associated with certain limitations. Thus, it is not allowed to send employees to work with the host country in the order of providing services for the provision of labor to personnel in the following cases:

In order to replace workers of the host country participating in the strike;

To perform work in the event of downtime (temporary suspension of work by the host party), the implementation of the bankruptcy procedure of the host party, the introduction by the host party of a part-time regime in order to save jobs in the event of a threat of mass layoffs of employees of the host party;

To replace employees of the host country who refused to perform work in the cases and in the manner established by labor legislation, including the replacement of employees who temporarily suspended work due to a delay in payment to them wages for a period of more than 15 days (clause 12, article 18.1 of Law N 1032-1).

A private employment agency may provide staff employment services only in cases where employees are sent:

To an individual who is not an individual entrepreneur, for the purpose of personal service, assistance in housekeeping;

To an individual entrepreneur or legal entity for the temporary performance of duties of absent employees, for whom, in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, employment contracts retain the place of work;

To an individual entrepreneur or legal entity for carrying out work related to a deliberately temporary (up to nine months) expansion of production or the volume of services provided;

To perform work, when fixed-term employment contracts are concluded or may be concluded with employees (Article 59 of the Labor Code of the Russian Federation), however, this applies only to certain categories of persons seeking temporary work (persons studying full-time education; single and large parents raising minor children; persons released from institutions executing punishment in the form of deprivation of liberty), with whom a private employment agency has the right to conclude employment contracts on their temporary assignment to work with a customer for the purpose of temporary employment of such persons (parts two and three of Article 341.2 of the Labor Code of the Russian Federation).

A private employment agency does not have the right to provide services for the provision of labor for personnel in order to:

Performance at hazardous production facilities of I and II hazard classes, certain types works according to the lists approved in the manner established by the Government of the Russian Federation;

Performing work at workplaces with harmful working conditions of the 3rd or 4th degree or with dangerous working conditions;

Substitution of individual positions in accordance with staffing of the host party, if the presence of employees filling the relevant positions is a condition for the receiving party to obtain a license or other special permission to carry out a certain type of activity, a condition for membership in a self-regulatory organization or for the issuance by a self-regulatory organization of a certificate of admission to a certain type of work;

Performance by employees of work as crew members of sea vessels and vessels of mixed (river - sea) navigation (clause 13, article 18.1 of Law N 1032-1).

Unlike private employment agencies, other legal entities that are entitled to provide services for the provision of staff labor are not bound by any restrictions regarding the scope of activities of the assigned workers. However, the restrictions on the use of the labor of such workers, established by paragraph 12 of Art. 18.1 of Law N 1032-1 apply to them.

Federal laws may establish additional restrictions on the direction of employees to work with the host party under a staffing agreement (clause 14, article 18.1 of Law N 1032-1). To date, such laws have not yet been adopted.

If you are a user of the online version of the GARANT system, you can open this document right now or request hotline in system.

On January 1, 2016, amendments to the Labor Code of the Russian Federation and other laws came into force, according to which agency work is prohibited. What outstaffing schemes are banned? Who has the right to carry out activities for the provision of labor of personnel? What legal options for hiring employees of another organization are now possible? Read the answers to these and other questions in this article.

Agency work and provision of personnel: common and differences

Federal Law No. 116-FZ dated May 5, 2014 “On Amendments to Certain Legislative Acts of the Russian Federation” contains two new concepts: agency work and an employee labor contract. At the same time, agency work is prohibited, and employment under a staffing agreement is legalized.

In accordance with Art. 56.1 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), agency work should be understood as work carried out by an employee at the direction of the employer in the interests, under the management and control of an individual or legal entity that is not the employer of this employee. Previously, there was no legal definition of this term.

Provision of labor of employees (personnel) - temporary assignment by the employer of its employees with their consent to an individual or legal entity that is not the employer of these employees, for the performance by these employees of the labor functions determined by their employment contracts in the interests, under the management and control of the receiving party (art. 18.1 of the Law "On Employment in the Russian Federation).

Common features of agency work and employment under a labor contract for personnel are:

A civil law contract has been concluded between the organization that provides the employee and the person for whom the employee actually works (hereinafter referred to as the receiving party).

An employment contract is concluded between the employee and the organization that sends the employee to another employer. Labor relations between the employee and the organization in which he actually works do not arise.

All personnel registration is undertaken by the organization providing the employee.

The receiving party has the right to require the employee to perform job duties, careful attitude to property, compliance with the rules of internal labor regulations.

The host party is obliged to provide the employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties.

However, the law provides for special features of employment under a contract for the provision of labor for employees, which distinguish this scheme from agency work.

1. Only two groups of entities are entitled to carry out activities for the provision of labor for employees:

private employment agencies,

Other legal entities when sending employees to an affiliated company.

The provision of personnel by other entities would be against the law and would fall under the category of agency work.

2. Provision of an employee to another organization is possible only with the written consent of this employee.

3. The host party must ensure safe conditions and labor protection. This obligation is fixed in the text of the contract on the provision of labor of employees.

4. Despite the fact that the receiving party is not an employer in relation to the employee, it bears subsidiary liability for the employer's obligations to the employee sent to the receiving party.

5. The conditions of remuneration under an employment contract with an employee sent to work with the host country must be no worse than the conditions of remuneration for employees of the host country who perform the same labor functions and have the same qualifications.

There are cases when it is forbidden to provide workers. This is not allowed for:

1) replacement of employees of the host country participating in the strike;

2) performance of work in case of downtime (temporary suspension of work by the host party), implementation of the bankruptcy procedure of the host party, introduction by the host party of part-time work in order to save jobs in case of a threat of mass dismissal of workers of the host party;

3) replacement of employees of the host country who refused to perform work in cases and in the manner established by labor legislation, including the replacement of employees who temporarily suspended work due to a delay in paying them wages for a period of more than 15 days.

Taking into account these differences, in order to reduce legal risks, it seems appropriate when concluding an agreement on the provision of personnel to use wording that is most identical to those provided for in the law and avoid falling under the category of “contingent work”.

What to pay attention to when concluding an agreement on the provision of personnel with private employment agencies?

As mentioned above, a private employment agency has the right to provide workers. When concluding a contract for the provision of personnel, it is first necessary to make sure that the employment agency has received accreditation.

In accordance with Part 3 of Art. 18.1 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 "On Employment in the Russian Federation", private employment agencies can be legal entities registered in the Russian Federation and accredited for the right to carry out this type of activity conducted by an authorized federal agency executive power in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

The register of accredited private employment agencies can be found on the official website of Rostrud: http://www.rostrud.ru/.

Given that the provision of employees to a legal entity or individual entrepreneur should be temporary, the contract for the provision of personnel should be urgent. Article 341.2 of the Labor Code of the Russian Federation provides that a private employment agency has the right to provide employees for the temporary fulfillment of the duties of absent employees who retain their place of work, or for work related to a deliberately temporary (up to nine months) expansion of production or the volume of services provided. Thus, the provision of labor of employees on a permanent basis will fall under the category of agency work.

However, the wording of the law: “in connection with the obviously temporary expansion of production” is an estimated concept and allows every nine months to draw up a new expansion of the scope of activity, and, therefore, in fact, on an ongoing basis, use the labor of employees provided by a private agency.

There are also cases when it is not allowed to provide employees, namely for the following purposes:

1) performance at facilities classified in accordance with the legislation of the Russian Federation as hazardous production facilities of I and II hazard classes, certain types of work, the lists of which are approved in the manner established by the Government of the Russian Federation;

2) performance of work at workplaces, the working conditions at which, in accordance with the legislation of the Russian Federation, are classified as harmful conditions labor 3 or 4 degree or dangerous working conditions;

3) filling certain positions in accordance with the staffing table of the receiving party, if the presence of employees filling the relevant positions is a condition for obtaining a license or other special permission by the receiving party;

4) performance by employees of work as crew members of sea vessels and vessels of mixed (river - sea) navigation.

It should also be taken into account that a private employment agency is obliged to monitor the compliance of the actual use of the labor of the assigned workers by the receiving party with the labor functions defined by the employment contracts of these workers, as well as compliance by the receiving party with labor law norms.

Peculiarities of labor regulation of workers sent temporarily by an employer that is not a private employment agency

Personnel can be provided not only by recruitment agencies, but also by affiliates, including foreign legal entities and their affiliates in cases where employees, with their consent, are temporarily sent to:

a legal entity that is affiliated with the sending party;

to a legal entity that is a joint stock company, if the sending party is a party to a shareholder agreement on the exercise of the rights certified by the shares of such joint-stock company;

to a legal entity that is a party to a shareholder agreement with the sending party.

Special conditions for the regulation of such relations should be spelled out in federal law. However, this law has not yet been adopted, and has not even been included in State Duma Russian Federation for consideration. But this fact does not prevent us from concluding an agreement for the provision of personnel with such organizations. Subject to general conditions required for this type of employment, relations between affiliated persons for the provision of personnel are allowed. When the law is adopted, the concluded agreement between the parties must be brought into line with its provisions.

Responsibility for the use of agency labor

If an organization violates the law prohibiting agency work, there is a risk of administrative liability under part 3 of article 5.27 of the Code of Administrative Offenses of the Russian Federation: deviation from execution or improper execution of an employment contract or the conclusion of a civil law contract that actually regulates labor relations between employee and employer. administrative penalty for legal entities ranges from 50 to 100 thousand rubles. In case of repeated violation, a fine is imposed in the amount of 100 to 200 thousand rubles.

In addition, when recognizing the relationship as labor, claims from tax authorities in the form of taxes and contributions.

Alternatives

In the event that employment under the staffing scheme is unacceptable, there are other legal structures that allow you to attract employees from another company.

The most preferred option for hiring employees of another organization isbusiness process outsourcing.In accordance with thisschemeentity transfers some of its functions to employees of another company. To do this, it is necessary to conclude a civil law contract with another legal entity for the provision of services in this area. To distinguish it from agency work, a service contract must be formulated in such a way that the customer does not control the employees of the company that provides services, but evaluates only the result of the services provided. Such cooperation is an ordinary civil law relationship between two legal entities and is not subject to the regulation of labor laws. It is profitable to outsource cleaning of the premises, as well as areas that require high qualifications: legal and accounting services, programming, audit.

To minimize the risks of recognizing such an agreement as agency work, special attention should be paid to the form and content of this agreement. The text of the agreement should be as close as possible to the wording of Chapter 39 of the Civil Code of the Russian Federation. In our opinion, it is advisable to prescribe such clauses of the contract as the subject, price, obligations of the contractor and customer, and the responsibility of the parties.

Thus, with the entry into force of the law prohibiting agency work, the organization has the right to hire employees in the following ways:

on the basis of an employment contract with enrollment in the state;

under a staffing agreement concluded with a private recruitment agency or an affiliated legal entity;

by concluding a civil law contract for the provision of services with another company.

1. Carrying out activities for the provision of labor of employees (staff) - the temporary direction by the employer (hereinafter also referred to as the sending party) of its employees with their consent to an individual or legal entity that is not employers of these employees (hereinafter also referred to as the receiving party), for the performance of data by employees of labor functions determined by their employment contracts in the interests, under the management and control of the receiving party.

2. An agreement on the provision of labor of employees (personnel) is an agreement under which the contractor temporarily sends his employees with their consent to the customer for the performance by these employees of the labor functions determined by their employment contracts in the interests, under the management and control of the customer, and the customer undertakes to pay for services for provision of labor of workers (personnel) and use the labor of workers sent to him in accordance with the labor functions, certain labor contracts concluded by these workers with the contractor.

3. To carry out activities for the provision of labor of employees (personnel) has the right:

1) private employment agencies - legal entities registered on the territory of the Russian Federation and accredited for the right to carry out this type of activity, carried out by the authorized federal executive body in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations;

2) other legal entities, including foreign legal entities and their affiliates (with the exception of individuals), on the terms and in the manner established by federal law, in cases where employees, with their consent, are sent temporarily to:

a legal entity that is affiliated with the sending party;

to a legal entity that is a joint-stock company, if the sending party is a party to a shareholders' agreement on the exercise of the rights certified by the shares of such a joint-stock company;

to a legal entity that is a party to a shareholder agreement with the sending party.

4. Features of labor regulation of employees sent to work with the host country under an agreement on the provision of labor of employees (personnel) are established by the Labor Code of the Russian Federation.

5. The procedure for accreditation of private employment agencies for the right to carry out activities for the provision of labor to employees (staff) should include, in particular, the procedure for suspending or revoking accreditation, the procedure for maintaining a register of accredited private employment agencies.

6. The requirements for accreditation of private employment agencies for the right to carry out activities for the provision of labor for workers (staff) are:

1) the presence of an authorized capital in the amount of at least 1 million rubles;

2) the absence of debts in the payment of taxes, fees and other obligatory payments to the budgets of the budgetary system of the Russian Federation;

3) the head of a private employment agency has a higher education, as well as work experience in the field of employment or employment promotion in the Russian Federation for at least two years over the past three years;

4) the head of a private employment agency has no criminal record for committing crimes against a person or crimes in the economic sphere.

7. Relationships related to implementation state control, organizing and conducting inspections of private employment agencies engaged in providing labor to workers (staff), the provisions of the Federal Law of December 26, 2008 N 294-FZ "On the Protection of the Rights of Legal Entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.

8. Business entities that apply special tax regimes cannot act as private employment agencies that provide labor for workers (staff).

9. In the event of suspension or revocation of the accreditation of a private employment agency for the right to carry out activities for the provision of labor of employees (staff), the private employment agency loses the right to conclude employment contracts with employees in order to send them under an agreement on the provision of labor of workers (staff). At the same time, all the rights and obligations of this private employment agency under previously concluded such employment contracts are saved.

10. If the number of employees involved under a contract on the provision of labor of employees (personnel) to carry out work related to the obviously temporary (up to nine months) expansion of production or the volume of services provided exceeds 10 percent of the average number of employees of the receiving party, the decision to conclude with by a private employment agency, the host party accepts agreements on the provision of labor for employees (staff), taking into account the opinion of the elected body of the primary trade union organization in the manner established by the Labor Code of the Russian Federation for the adoption of local regulations.

11. A prerequisite for inclusion in the contract for the provision of labor of workers (personnel) is a condition for the host party to comply with the established labor legislation and other regulatory legal acts containing labor law norms, obligations to ensure safe conditions and labor protection.

12. The direction of employees to work with the host party under an agreement on the provision of labor of employees (personnel) is not allowed for the purposes of:

1) replacement of employees of the host country participating in the strike;

2) performance of work in the event of downtime (temporary suspension of work by the host party), the implementation of the bankruptcy procedure of the host party, the introduction by the host party of a part-time (shift) and (or) part-time working week in order to save jobs in the event of a mass layoff of employees of the host party ;

(see text in previous edition)