Outsourcing Agreement

What should be written in the staff outsourcing agreement?
Юридические услуги для бизнеса

omega_18_04_2014_01.jpgThe outsourcing and outposting of staff is that it will ultimately determine the quality of the services provided to the client. In other words, it is the document that depends on how well a specialist will be recruited and on the quality of his or her work. It is therefore essential to draw attention to certain things when concluding a contract. We'll tell you what.

General

Outstaffing isn't just office or production, but also clinical.

The main problem in concluding an outstaffing or outsourcing is the absence of such a concept in the Russian legislative system. This document is therefore formally referred to as “contractual negotiations”. It is based on article 39 of the Civil Code of the Russian Federation on reimbursable services.

Otherwise, the outsourcing contract (contract) is sufficiently standardised. It contains paragraphs on the subject of the treaty, in this case the service, the duration, the cost, the insurmountable circumstances, etc. It would seem that the discussion could be concluded. But no. In addition to the treaty itself, a so-called " service level agreement " is being drafted. This agreement describes in detail all the nuances of the parties ' relations, the conditions and the essence of the services, and all the interaction between the customer and the provider. It is an addition to the core staff outsourcing document.

It is the agreement on the level of delivery that the customer will rely on if the provider, for some reason, fails to fulfil its obligations properly. This document has legal effect, and therefore its conclusion, if not necessarily, is at least very desirable.

But what exactly does it have to say?

Important paragraphs of the service level agreement

  1. Quality criteria
    The performance criteria of the provider, for example efficiency, speed, productivity, timeliness, reliability, should be specified in the agreement.
However, it was important to follow the measure and focus on those criteria that were indeed necessary and which, more importantly, would not allow the provider to " build " under the items described. Simple example: If the contract, as a mandatory paragraph, indicates a high rate of service delivery rather than a lack of error, the provider may try to focus on the number of clients served rather than on the quality of work.

It's not easy to make a service level agreement.

  1. Evaluation of criteria
    But it is important not only to define the criteria, but also to prescribe the rules for their evaluation, the number of evaluations and the existence or absence of penalties. And all kinds of rewards for exceeding the basic level of service will not be extra.
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