What is the difference between outsourcing and outstaffing. We save on staff: what is the difference between outsourcing and outstaffing. Outsourced Pricing Models

What is outstaffing in simple terms? How is outstaffing different from outsourcing? Which agencies provide staffing services and what is their cost?

Hello dear readers! Dmitry Shaposhnikov, one of the authors of the HiterBober.ru business magazine, is with you.

One of the ways to solve the problems associated with hiring personnel, optimizing the number of the enterprise is outstaffing - a service for the provision of personnel.

For 7 years I headed a large division in Stavropol of one of the leading telecommunications companies in Russia. Our company actively used outstaffing, especially in recent years.

Outstaffing can help you properly distribute the load on employees, relieve you of a lot of problems, save money and nerves.

By correctly implementing this tool in your business practice, you will revive your business, increase income, and partially get away from the problem of hiring staff. You will free up resources for development, you will have more time for planning.

Do you also want to use this tool in your business, so that neither the labor nor the tax authorities consider the law to be violated?

Then close the extra tabs of your browser and read this article carefully!

1. What is outstaffing in simple terms?

Let's start with a definition.

Outstaffing- a form of hiring temporary employees to perform different categories of work.

For example, you have just opened your store and you need to:

• train your consultants in sales techniques,
• hire a person for general weekly cleaning;
• periodically, 2-3 times a month, unload-load heavy goods.

And during the New Year's sale, you will need additional sales assistants, who will then need to be fired. In addition, your full-time employees periodically get sick, go on vacation. It would be desirable to have a person who could come to replace if necessary.

If you enter into employment contracts with all these people, you will encounter the following difficulties:

1. Difficulty of selection. No one wants to go to work for a few New Year's Eve days, once a week or several times a month. It is almost impossible to make money with such a schedule.
2. The difficulty of getting fired. Even if there are those who wish, you must conclude labor contract. Usually it is concluded for an indefinite (long) period, and you need - for 2 weeks. If the employee does not agree, problems may begin.
3. Paper work. A lot of documents are drawn up for each employee, and soon you will be faced with the need to hire another HR inspector, and this is an additional cost.

You, as the director of a store or any other enterprise, will be saved by outstaffing.

In simple terms

Outstaffing- this is the provision of personnel for rent by a third-party company. At the same time, this staff is registered with the outstaffing company.

To implement such an idea, three parties are needed: the employee himself, the company that needs him, recruitment agency. The latter draws up an agreement with the candidate in accordance with the Labor Code, pays insurance premiums for it, but workplace is in the interested company.

You set the requirements and profile of the position for the agency that provides outstaffing services, and it takes care of loading the work schedule of employees, paying fees, and being ready to come to you on demand.

Do not resort to outstaffing if you are hiring core staff. With consultants and cashiers in a store, with engineers and key workers in production, with doctors and nurses in a hospital, if you plan to employ them full-time for a long time, you can and should conclude indefinite employment contracts, provide them with all guarantees and social benefits.

2. How is outstaffing different from outsourcing?

Until now, in many contracts and even in the definitions of courts, outsourcing refers to the selection and provision of personnel at the disposal of the customer, and this is outstaffing.

These two concepts have nothing in common. The table below shows these differences clearly. We have previously written about .

Comparison table of outstaffing and outsourcing:

Thus, outsourcing and outstaffing are different forms of contractual relations and forms of fulfilling the company's tasks. Confusion in concepts can lead to incorrect interpretation of the terms of the contract by different parties, and, therefore, to conflict, severance of relations, fines and other unpleasant consequences.

3. New in the legislation: is outstaffing prohibited since 2016?

Let me just say no, no, and no! The ban on outstaffing is a myth invented to create a stir around the topic. What actually changed? The legislator introduced a new concept - Agency work, which has been "vetoed" since 2016.

agency labor- this is an uncontrolled rental of any personnel for any purpose and any work. In Russia he prohibited since 2016.

Outstaffing has not been prohibited since 2016, subject to legal restrictions.

The benefits of outstaffing, if used correctly, are obvious.

Companies can save on temporary, seasonal employees, on the performance of work in secondary (non-core) activities, in places that do not require serious training or special education.

And that's not it. Resourceful employers have come up with a simple but effective system, like with the help of outstaffing:

1. Pay less for accident insurance. A company that is engaged in high-rise, underwater, underground and other hazardous / hazardous work, then such a contribution for each employee will be high. But if you hire a specialist whose employer is a recruitment agency, the insurance premium will not exceed a hundred rubles, because the main activity of the outstaffing agency is not high-altitude / underwater / underground and other dangerous and harmful work and recruitment. Only workers with injuries and occupational diseases received at the workplace suffer from such a scheme - they cannot count on full-fledged insurance.
2. Save on insurance premiums for employees. Contribute smaller amounts to the Pension Fund for employees who are entitled to early retirement due to their working conditions. A miner whose employer is a recruitment agency will not receive an early pension, although he actually works in conditions that suggest such a pension.
3. Save on vacation. Do not pay for additional leave due to some categories of employees, because they are employed in an outstaffing company, and not in hazardous production.
4. Replace employees quickly. For example, "undesirable" and "obstinate" workers who went on strike can be quickly replaced by others. To avoid downtime, the company hires suitable specialists and continues to work.

Such manipulations and games with the law could not go unnoticed by the legislator for a long time, therefore, since 2016, outstaffing has undergone changes and restrictions.

For some categories of workers, in order to protect their rights, only a direct employment contract is provided with all the benefits required by law: additional payments for harmful or dangerous conditions labor, early retirement, additional paid leave, accident insurance.

4. Outstaffing and agency work: the main differences

Until 2016, when no form of leasing personnel was regulated by law, these two concepts could be considered synonymous.

Let me remind you that agency work involves the replacement of any workers, for any period, for any purpose, without restrictions. This form of outstaffing of personnel is now prohibited in our country. Moreover, since 2016, a third party has appeared - the employee himself. With agency work, his opinions could not be taken into account - an order from the employer was enough. And during outstaffing-2016, he acts as a full partner, consciously entering into an agreement and giving voluntary consent to work in the company.

In order not to “slide” into illegal hired labor, when concluding an outstaffing agreement between a recruitment agency and a company, very specific requirements must be met.

Companies are prohibited from using leased personnel:

• during strikes of key workers, during downtime associated with non-payment of salaries to regular staff;
• at hazardous facilities, at workplaces with harmful working conditions;
• when the qualifications and education of employees are necessary to obtain licenses, accreditations and permits (doctors in medical institutions, teachers in educational institutions, chief engineers and mechanics in production - all these workers must be on staff and cannot be rented.

5. Sample contract for outstaffing for download

In addition to legislative restrictions, when concluding a contract for the lease of personnel through outstaffing, it is necessary to provide for many details that, if neglected, will cause additional costs. For example:

• Are services for the selection, selection of applicants included in the price or are they paid separately?
• can the contractor (recruitment agency) change employees without the consent of the customer company?
• actions of the parties in case the presented candidate does not meet the requirements?
• many other minor little things that they pay attention to only if there are problems with them.

To immediately foresee all possible situations and insure yourself against potential problems, you need a qualified lawyer. And if his services are too expensive? The Internet will come to the rescue! In drawing up a contract, for example, a service such as QuickDoc with a sample outstaffing contract can help you. By changing positions, you can get different conditions agreements.

6. What agencies provide staffing services and commissions for outstaffing companies?

Since 2016, personnel provision services can be provided by:

• accredited recruitment agencies;
• legal entities or entrepreneurs - under agreements with affiliated companies and with the consent of the employee.

In St. Petersburg and Moscow, outstaffing is carried out by the following agencies:

1. Zest Staff(zest-personal.ru)
2. Interprime(interprime.rf)
3. Contact Service(okcall.ru) - call center
4. Credence(credence.ru)
5. HR Advisor(outstaffing-sovetnik.ru)

The following requirements are imposed on outstaffing companies: they must apply only the basic taxation system, work without debts on payments to the budget, have at least a million rubles of authorized capital, and the head of such an agency must have a higher education and professional experience.

The customer pays the agency a single invoice, which includes:

• employee's salary;
• personal income tax;
• contributions to the Pension Fund, MHIF, FSS;
• vacation pay, calculation upon dismissal;
• agency commission. It provides compensation for personnel office work, accounting and tax support of personnel, submission of reports for each employee. The increased commission may include recruitment services.
• other services: provision of overalls, uniforms, training, medical examinations, etc.

The average agency remuneration is on average 1-5 thousand rubles for each employee. Most contractors offer a discount for the number of employees.

The cost of outstaffing is low, otherwise it would not make sense.

To better understand what outstaffing is and in what cases companies resort to it, watch the video from Stolitsa FM radio:

7. Conclusion

Now you have learned more about such a way of working with personnel as outstaffing, as well as about new legislative requirements in this area. We hope this article was helpful to you. Today, this service can be used by any company that wants to legally reduce labor costs.

All that is required is to comply with the basic provisions:

1. The temporary nature of the work of the leased personnel;
2. Consent of the employee to his own lease;
3. Workplaces without harmful or dangerous factors;
4. Working with an accredited outstaffing agency.

Compliance with these points will allow you to work calmly, saving money and not violating the current legislation. I wish you success!

The concept of outsourcing (outsourcing) can literally be translated as "external source". In practice, it most often means the transfer of the functions of certain internal departments (for example, the personnel department and the accounting service) to some external performer.

Production outsourcing is the transfer of any production functions or business processes. At the same time, the main goal is not to save money, as one might think with a cursory analysis, but to free up resources for developing new directions or focusing efforts on really important things.

Accounting outsourcing actively began to develop in 1996, when the law "On Accounting" was adopted. It is this legal act allowed to transfer accounting to any external organization specializing in this type of service. It is worth noting that today this particular practice is very common (unlike other types).

The main problem of outsourcing development in Russian Federation is the absence legislative framework, which would regulate the relationship between customers and performers. This concept was not reflected in the civil code. There is no clear legal structure, scientific classification of contracts, so everyone draws up such transactions based only on their own assumptions.

Outstaffing

The term outstaffing, in turn, can be translated as "freelance". The essence of the mechanism is as follows. Part of the company's personnel is removed from the main staff and is registered in the executing company. A newly minted employee fulfills the same obligations, but on behalf of a new company, while receiving remuneration.

The difficulty lies in the fact that employees, while actually continuing to work at the same place and perform the same functions, switch to a contract for the provision of paid services by the customer company, as well as to work on a travel list by the contractor company. So, the main difference between outstaffing and outsourcing lies in the relationship of the customer to the staff.

In fact, all legal relationships end at this stage. The outstaffer does not bear any responsibilities, except for work with the staff. The actual result is not guaranteed in any way, and they are directly connected with employees only on paper. Responsibility, by the way, lies entirely with the staff.

The beautiful word "outstaffing" refers to the type of subcontracting, when a company hires employees of another company to provide services. Staff outstaffing is used to save money. However, when concluding an outstaffing agreement, one must be careful not to violate the legislation of the Russian Federation: according to 116-FZ, agency work is prohibited.

What you will learn about:

Outstaffing - what is it in simple words

Outstaffing consists of two English words: "out" - outside and "staff" - staff. Therefore, the article will focus on attracting freelancers.

The essence of outstaffing is that the customer company uses labor force who is not on the customer's staff. Outstaffing personnel are hired by concluding an agreement with another organization, usually a recruitment agency.

This is done most often for seasonal or design work. Employees hired under an outstaffing agreement work closely with the company's staff until the end of the season (project).

Example - Your store is hiring a subcontractor to take inventory. The inventory commission includes both your deputy and your accountant, but the technical calculation and reconciliation is handled by personnel who are on the staff of a third-party organization.

The outstaffing company decides all personnel issues:

• draws up an employment contract;
• pays salaries to employees;
• organizes personnel management.

The customer pays the company a fixed amount under the outstaffing agreement.

What is the difference between outsourcing and outstaffing: table

For example, if a store transfers accounting to a third-party company, then we are talking about outsourcing. If the same store hires a qualified accountant through an agency who can control the documentation before a tax audit, then we are talking about outstaffing.

Consider the main difference between these concepts in a visual table.

Thus, the difference between outstaffing and outsourcing is huge: these are two opposite directions of hiring staff “for the state”.

Pros and cons of using outstaffing

Like any non-standard form of hiring staff, outstaffing has its pros and cons.

For a company concluding an outstaffing agreement

• the company saves money, as the cost of office work is reduced;
• you can not keep a personnel officer on staff at all;
• with the growth of the company, it is possible to maintain the possibility of working under a special regime (as a small business);
• there is an opportunity to quickly attract employees for a short time;
• all issues related to staff turnover are handled by the recruitment agency;
• it is possible to attract cheap labor force of migrants.

• there is no outside control when hiring employees, a third-party organization may attract personnel that you do not like;
• tools for stimulating out-of-staff personnel are limited;
• the form of hiring third-party personnel is limited by Federal Law-161, which entered into force in 2016 and banned agency work - when drawing up an outstaffing contract, you must be careful;
• there is a chance to conclude an agreement with an unscrupulous company, which, in case of problems, will simply disappear, leaving the showdown with government agencies to the customer.

You can control the work of employees in the Business.Ru CRM system. It allows you to set a personal daily routine for each employee, distribute tasks according to their importance and designate responsible persons for their implementation.

For an employee

• this is a part-time job for a student or a seasonal worker;
• by contacting a recruitment agency, you can go to work the very next day, as large companies hire hundreds of people out of state and are interested in such hiring.

• outstaffing work is usually not very qualified and not well paid;
• employer and place of work can change at least every day;
• the chances of career advancement are minimal.

Also, the employer, when withdrawing from the state, can reduce some payments and allowances. For example, there is a well-known case with Unilever in Omsk, when workers lost bonuses and received payments of 11,000 instead of 18,000 rubles when they were removed from the state. Fortunately, the union helped the employees.

Personnel outstaffing scheme

There are three parties involved in outstaffing:

• customer - a company that needs to hire freelance specialists, or withdraw its employees from the state;
• recruitment agency - a company that takes care of all paperwork related to the registration of employees and hiring;
• freelance worker - a person who works on the side of the customer, but is registered as a staff of an employment agency.

The outstaffing scheme looks like this:

1. The customer contacts the recruiting agency, describes what kind of employees he needs;
2. An outstaffing agreement is drawn up and signed;
3. Employees of the recruitment agency are engaged in the preparation of documents for employees (if necessary, they are re-registered from the customer's staff). If the personnel is foreign (for example, seasonal workers), the recruitment agency organizes all notification procedures with the Ministry of Internal Affairs and the Federal Migration Service;
4. Freelance workers go to work for the customer in accordance with the terms of the outstaffing agreement;
5. In case of checks and problems with the staff, the recruitment agency takes responsibility before the law;
6. An employee, working in the staff of a recruitment agency, receives a salary on time from the agency (usually by transferring money to a bank card).

It is beneficial to use outstaffing if the company hires foreign citizens to work. Even for hiring citizens of the CIS in Russia, considerable costs are required. If the organization has not worked with foreigners before, there is a chance to make mistakes in paperwork and receive fines of hundreds of thousands of rubles.

When to Consider Outstaffing

Outstaffing has disadvantages, so companies usually resort to this measure in special cases. Not every firm decides on outstaffing (preferring outsourcing).

The most common: the company needs “working hands”, but does not want to hire an additional one more personnel officer and accountant and reduce payroll taxes.

A limit of employees is required for work on the simplified tax system.

Seasonal work.

Hiring workers in another city without opening a stationary branch. For example, when the warehouse is located on the other side of the country, where goods are rarely delivered. It is easier to hire a single full-time manager, and regularly contact an outstaffing agency for loaders.

Who is responsible for staff

Unlike outsourcing, an outstaffing contract is concluded so that the receiving party is more responsible for the staff. Liability standards are prescribed in the Additional Agreement, which acts as an annex to the Agreement.

Usually it says:

Additional contributions to the FIU, if we are talking about harmful or dangerous work.

Responsibility of the company employing outstaffing personnel in case of accidents. It is the direct employer (and not the recruiting agency) who bears it.

Another important legal moment. There are cases when a recruiting agency does not pay a salary to an employee, he goes to court. According to legal practice, the court can force the company where the employee actually worked to pay money.

How to choose a reliable outstaffing company

If foreigners will work in your company, on the first day of starting work, ask them for an agreement that was concluded with an outstaffing company. IN without fail there should be a stamp of the FMS. In the absence of a stamp or document, ask the outstaffer a point-blank question: does he violate the law?

If you have chosen a recruitment agency for outstaffing, but are in doubt, carefully study the reviews about it on the Internet. Don't hesitate to go to social media: involve open sources for "investigation".

If the reviews are generally positive (or at least a C), you can enter into an agreement with this agency.

Before concluding an agreement with a recruitment agency, you should find out about it Additional information. Otherwise, you can get on the "black outstaffer".

Important!“Black outstaffers” do not fully register people in the state, do not pay taxes and contributions for employees, transferring the proceeds to their accounts. In the case of inspections, “black outstaffers” try to hide, leaving the customer to solve problems with the auditors on his own.

You can check the "black outstaffer":

• through the counterparty verification service, since such a hiring scheme is usually used by one-day firms;
• through the website Federal Service on labor and the register of accredited employment firms (https://www.rostrud.ru/opendata/7712345678-chaz/table.html);
• requesting an accreditation document.

You should also study the contract and especially the amount of payment for the work of employees. If wages are below or slightly above the minimum wage, this should alert you.

Restrictions on the provision of outstaffing services

In 2016, 116-FZ came into force, which adds chapter 53.1 Labor Code and introduces the concept of "contingent labor", describes the rules of outstaffing, and also prohibits agency labor outside these rules.

Agency work is the work of personnel, which is carried out in agreement with the official employer, but under the control of another company or institution.

The law prescribes the following outstaffing rules:

1. Services are provided only affiliated persons(a company that, under a shareholder agreement, can influence a company controlled by it) and private recruitment agencies.

For example, the head office may send employees to a regional office, which is registered as another organization, but controlled by a shareholder agreement.

Important! A private recruitment agency can only be legal entity(not IP!!!).

1. The salary of non-staff personnel should not be lower than that of full-time employees working in a similar position.
2. If the conditions in which outstaffing workers work are considered harmful and dangerous, then compensation is required.
3. The term of outstaffing for one employee can be no more than 9 months.
4. The number of freelancers should not exceed 10% of the total number of staff.

CRM-system from Biznes.ru will help to transfer relations with subordinates to a new level. In it, you can install a transparent employee motivation system so that they understand how much and for what they have earned. The program also allows you to set plans for subordinates and track the percentage of their implementation.

Complete ban on outstaffing

There are cases in which outstaffing is prohibited:

• non-staff personnel cannot be involved in work assigned to the first and second classes of danger, and work with harmful working conditions (third and fourth degrees);
• it is impossible to attract outstaffing workers to replace those who participate in a strike or are fired due to the downtime of the employer;
• outstaffing cannot be hired if bankruptcy proceedings have begun against the company;
• non-staff work is prohibited if the employer introduces part-time work in order to prevent the dismissal of the main staff of employees (for example, in a factory in case of cancellation of part of the order).

What should be in an outstaffing contract

The outstaffing agreement should include:

• information about the specialist;
• his salary;
• tasks and the time period in which they are performed.

Remember that when outstaffing, unlike hiring staff, the company in which the workers will work does not sign an agreement with each of them. According to the Labor Code of the Russian Federation, this type of cooperation is not required.

The contract is standard, but a company hiring employees through outstaffing can change the nuances there at its own discretion.

For example, you should pay attention to:

• on the tasks and functions that employees must perform;
• reaction and payment under the contract in case of force majeure;
• full price, fees for Additional services that an outstaffing agency can provide.

At the same time, it is impossible to prescribe the result of the work in the contract, this is how outstaffing differs from outsourcing. It is assumed that the personnel service selects an employee with a certain qualification to achieve a result.

Outstaffing contract template

Usually, a recruitment agency has an outstaffing agreement, which is signed by the customer. The standard contract includes the following sections:

• subject of the contract;
• duties of the parties;
• period of execution;
• specific conditions;
• price and form of payment;
• force majeure circumstances;
• duration of the contract.

Scope of outstaffing

Outstaffing is used in areas where many unskilled workers work: from trade to construction, from hotel business before catering:

• in construction, laborers, plasterers, tilers, painters, and so on are involved as freelancers;
• in public catering, outstaffing involves cooks, dishwashers, bartenders, etc.;
• loaders, storekeepers, drivers and other workers are taken out of the state in the warehouse;
• for cleaning, cleaners are also often involved under outstaffing contracts.

What are the requirements for an outstaffing agency to obtain a license

It is not easy to obtain a document allowing you to be an outstaffing agency. For example, to obtain accreditation, you will need to:

have an authorized capital of at least 1 million rubles;

not have tax debts;

be on common system taxation.

The head of such a recruitment agency must not have a criminal record in the field of actions against the person and economic crimes. Also, he must have at least 2 years of experience in the personnel field and be a certified specialist in this field.

Outstaffing examples

Outstaffing in a chain of stores

Large commercial network minimarkets wants to retain the right to use a favorable type of taxation - a simplified system. However, according to the law, for the simplified tax system, the number of employees should be no more than 100 people.

The company transfers its storekeepers and drivers out of state, using the outstaffing method, while continuing to use a simplified system.

In addition, the agency signs a liability agreement with storekeepers.

Outstaffing in a hypermarket

The hypermarket uses freelance workers sent by a recruitment agency who work from 3 to 6 hours:

• to work in a warehouse;
• for the display of goods;
• to check the price tags and expiration dates of the goods;
• to work at the checkout.

Basically, students and people who need a part-time job work this way.

The hypermarket gets rid of the need to be constantly in search of staff due to staff turnover in low-skilled positions.

Outstaffing in the warehouse

In the warehouse of a large hypermarket, mainly migrants from Asian countries work. However, the company does not want to expose itself to risks, because a fine of several hundred thousand rubles awaits for the wrong placement of foreigners to work.

A separate accountant and several migration specialists are needed, which is unprofitable for a hypermarket.

Registration of the working countries of Asia is transferred to outstaffing. As a result, foreigners are out of state, which reduces the burden on personnel service, accountant, as well as the maintenance of staff.

Outstaffing in the hotel business

The family of entrepreneurs owns two recreation centers on the Black Sea coast, which operate only during the season (from April 15 to October 15). There are two peak months in the season.

In spring, autumn and early summer, family members work at recreation centers on their own, without involving employees. For eight weeks, entrepreneurs conclude an outstaffing agreement with a recruitment agency, receiving staff (maids, security guards, administrator) in a short time.

The agency helps to find a replacement and checks applicants.

When is it better to forget about outstaffing?

Outstaffing is not always a profitable solution.

Tax officials, especially in the regions, are ambivalent about such schemes, believing that this is just a way not to pay taxes. Therefore, you should refuse outstaffing if the tax authorities are already “shaking” your company, suspecting gray schemes.

After all, outstaffing is another reason to organize an audit. You will need to explain why the outstaffing scheme is beneficial (and it's not about tax evasion!).

In addition, you should not use outstaffing when hiring personnel for intellectual work. The fact is that a recruitment agency can change groups of employees. And not always the person who worked for you yesterday will come to the same place today.

To work with personnel hired through outstaffing, a separate employee must be hired (or this task falls on the shoulders of the administrator). After all, new people need to explain the main tasks, give instructions. It is important to ensure that employees do not steal anything and perform their duties efficiently.

In modern commercial activities HR technologies such as outstaffing and outsourcing are widely used. They are often confused with each other, and therefore both terms need clarification.

Definition of terms

They call the transfer of secondary activities of the company for service to another company. These areas include accounting, legal support, personnel management, maintenance.

They call such a personnel management scheme in which one organization (outstaffer) hires specialists, and another company (customer) rents them. Outstaffing is used in all areas of the economy, from production to trade.

The main differences between outsourcing and outstaffing

1. 1. Design and work schedule. The representative of the outsourcing company has a flexible work schedule. He has no job assigned to him. He is paid only for the work performed (although advances are not excluded). His colleague, hired as an outstaffer, receives a salary every month, but is forced to work, as a rule, on the territory of the customer.
2. 2. Recruitment procedure with outstaffing differs from the hiring procedure with outsourcing. In the first case, hired specialists enter into legal relations with the executing company (outstaffer), but perform the functions of the customer company. In the second case, employees fulfill the terms of the contract concluded between the customer company and the outsourcing company-executor.
3. 3. Application area. Outsourcing is mainly used to solve “intellectual” tasks. This concept is often associated with accounting and legal services, information technology. Outstaffing is more universal. Representatives of working specialties often work under an outstaffing agreement.
4. 4. Interaction scheme. Outsourcing is almost always carried out according to the same scenario: the client company transfers some of its functions to representatives of the outsourcing company.

   Outstaffing involves two schemes of interaction between the parties:

   The customer company officially dismisses several employees, and the executing company officially employs them. From now on, they are on the staff of an outstaffer, and continue to work for the customer (under the same conditions and at the same place). The relationship between the customer and the contractor is governed by a contract for the provision of personnel.

   The executing company selects qualified workers, and then provides them for temporary use to the customer. These workers may belong to the outstaff staff, or they may be recruited on the side.

It is noted that in terms of economic benefits, outsourcing is more effective, since when implementing this model, the outsourcing company controls the quality of work of its employees. The outstaffing company does not have such an opportunity. When outstaffing, the responsibility for the quality of work is assigned solely to the staff.

Outsourcing means getting third party functions of a subcontractor on the basis of a long-term agreement. Outstaffing implies the partial removal of personnel from the state, their registration with the outstaffer. A gratuitous contract for the provision of services is drawn up. Outsourcing and outstaffing have a difference in that in the first case, the company transfers part of the authority to contractors, and in the second, part of the employees. The similarity of the processes is to minimize risk situations, reduce the cost of resources and finances. With non-core activities of the enterprise, taxes are optimized and personnel costs are reduced.

Outsourcing Features

Outsourcing processes are the performance by a third-party organization of non-core functions of the customer company. In some cases, "foreign resources" have an appropriate level of specialization, knowledge, as well as experience and technical means to perform tasks.

Outsourcing services are relevant if:

• there are vacancies for a short time - part of the staff went on vacation, sick leave or maternity leave;
• there was a need for seasonal low-skilled or unskilled labor;
• an urgent project is required, but there are no specialists in the state or the number of personnel is small;
• it is necessary to conduct marketing research, advertising presentations or use the services of logisticians, accountants, IT specialists;
• you need to reduce labor costs, reduce the number of personnel tasks or reduce tax losses.

There are no provisions on the outsourcing contract in Russian legislation. However, under Art. 421 of the Civil Code of the Russian Federation, citizens can freely provide services. In paragraph 1 of Art. 779 of the Civil Code indicates the possibility of concluding such an agreement. According to the letter of the Federal Tax Service No. 20-12 / 066875, an outsourcing contract is a contract for the provision of services with the transfer of functions for no more than 1 year.

What you need to know about outstaffing?

The difference between outstaffing and outsourcing lies in the partial removal of personnel from the company's staff without losing their jobs. Outstaffing services are required in the following cases:

• staff reduction without loss of qualified specialists;
• financial savings for paying social tax, administrative costs, personnel records and salaries;
• legal protection of personnel during inspection by control bodies;
• hiring regional staff without opening branches and representative offices;
• removal from the staff of applicants for the period of probation.

According to paragraph 1 of Art. 56 of the Labor Code of the Russian Federation, adopted in 2016, borrowed labor processes prohibited. However, ch. 1 st. 53 does not exclude the services of outstaffers or private recruiting agencies. Therefore, the functions of the employer are performed by a recruitment agency. According to paragraph 6 of Art. 18.1 of Federal Law No. 1032-1, part of the personnel can be transferred if the company:

• It has authorized capital not less than 1 million rubles;
• timely pays taxes and other obligatory payments;
• has a gender with higher education. The manager must have worked in the field of employment for 2 of the last 3 years.

The recruiting company maintains documentation in accordance with the legislation of the Russian Federation, pays salaries, benefits, compensations, transfers taxes, submits reports and resolves labor disputes.

Outstaffing contract template

A contract for the provision of personnel is necessarily concluded with an employee, but its unified form is not established by law. It is allowed to draw up a personnel outstaffing agreement based on the model, which contains:

1. Document's name.
2. The serial number of the agreement in the accounting records.
3. Date and place of signing.
4. Data on the parties that entered into the contract - the Client, the Contractor.
5. Information about the subject of the contract - it is necessary to indicate the fact of personnel loan on the basis of a written application.
6. List of rights and obligations of the parties.

The agreement is drawn up on the basis of an employment contract. It prescribes a temporary direction for work at another enterprise with an entry in the work book.

A sample outstaffing agreement can be downloaded from the link below:

Detailed comparison of outsourcing and outstaffing

Employers and employees may misidentify third-party service delivery because the business processes themselves are recent. The main differences between outsourcing and outstaffing are fully reflected in the table.

With the actual difference, outsourcing and outstaffing do not allow you to control the staff, influence it through bonuses, and also carry out the dismissal procedure.