And. A. BUTCHNEVIĆ, Exclusiv Consulting Auditor ' s LawyerPaper on Building, No. 6, 2008
The construction company has decided to engage the labour force by using a specialized staff organization to avoid personnel accounting and save on taxes. What other advantages would be to conclude such a treaty? What " dangers " should be considered?
The various functions of the construction organization by external service providers are now becoming increasingly common.
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Outsourcing is the organization ' s transfer of certain production functions to another company specializing in the area concerned.
Outstaffing is the provision of temporary staff (staff rental) to carry out work without including temporary workers in the company.
Outsourcing appears to be a service for the organization ' s production functions. Outstaffing is just the staff. Thus, outstaffing is an outsourcing variety.
According to the outstaffing contract, one party provides some skills to the other party to carry out the necessary work.
Civil legislation does not provide for this of a treatyas a staff contract and does not regulate its provisions, as opposed to, for example, contracts of sale, carriage, lease, contract, etc. However, this is not an obstacle to the application of such a legal framework, since article 421 of the Civil Code of the Russian Federation allows for the conclusion of contracts:
- both statutory and other legal instruments;
- of the various treaties (mixed treaties).
The terms of the treaty shall, however, be determined at the discretion of the parties.
The outstaffing Treaty is a reimbursable service contract.
It is a feature of the performance of the employer ' s services to provide the employer with his or her employees in labour relations. And the result of their work belongs to the customer.
However, the quality of the performance of the work function is the responsibility of the worker ' s organization, its employer in the context of labour relations. This is the second important feature of the outstaffing treaty.