Outstaffing contract for selection and provision of personnel sample standard form

What is outstaffing?

Outstaffing (from the English out “out”, staff - “staff”) is the removal of personnel from the company’s staff and their registration in the staff of an outstaffing company. It takes full responsibility for personnel issues, provides employees with the required qualifications and bears full responsibility for the quality of their work.

There are several reasons why it is profitable for a company to use the labor of “rented” workers:

Reducing the burden on accounting and HR departments

The recruitment agency is responsible for calculating wages, paying “salary” taxes, calculating and paying benefits and vacation pay, drawing up and submitting “salary” reports to the Federal Tax Service, the Social Insurance Fund and the Pension Fund. In case of violations, it will pay penalties and fines, as well as all additional charges. The company itself will remain aloof from all these problems.

The company does not need to involve accountants and HR employees in this. It simply pays a fixed amount for each employee.

Replacing an employee is not a problem

When outstaffing, the selection and replacement of personnel (during the vacation or illness of the “rented” employee) is carried out by the agency. You won’t have to deal with hiring and firing company employees.

The issue of employment of foreigners has been resolved

Foreigners are hired according to special rules, violation of which may result in significant fines. With an outstaffing agreement, the agency will check the documents of foreigners and inform the Ministry of Internal Affairs about the hiring of employees from abroad.

“How to register a foreign worker: step-by-step instructions”

Fewer labor audits and claims

Labor checks regarding temporary employees will be carried out by the agency, since it is with it that the employment contracts of employees working on outstaffing terms have been drawn up. This means that all questions regarding the registration of labor relations will be addressed to the agency, and it will have to provide documents and explanations at the request of the “trudoviks”.

The risk of being called to the salary tax commission is reduced

People are invited to salary commissions if the company’s salary is below the industry average in the region. At the same time, if a low-paid employee works on staff, the average salary in the company will be higher, which means that an invitation to a salary commission is unlikely. Read more about who is invited to the new salary and contribution commissions in the publication.

“The tax office calls to the commission on contributions and personal income tax: who is invited and how to prepare”

Agreement for the provision of personnel services (outstaffing agreement)

AGREEMENT N ____ for the provision of personnel services (outstaffing agreement)

g.___________
"___"__________ ____ g.

______________, hereinafter referred to as "Contractor", represented by __________________ ________________ (position, full name), acting___ on the basis of the Charter, on the one hand, and _______________, hereinafter referred to as "Customer", represented by __________________ ________________ (position, Full name), acting___ on the basis of the Charter, on the other hand, hereinafter referred to as the “Parties” in the text of the agreement, have concluded this Agreement as follows:

SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, at the Customer’s request, to provide services to the Customer for a certain period of time with personnel (hereinafter referred to as employees) on the Contractor’s staff to participate in the production process, production management or to perform other functions related to production and (or) sales products (goods, works, services) of the Customer, on the terms specified in this Agreement, and the Customer undertakes to pay for these services.

1.2. Qualification requirements for employees are determined by the Customer in a written application sent by him to the Contractor.

1.3. Employees must act exclusively on behalf and in the interests of the Customer.

1.4. The Contractor does not undertake any obligations to provide services other than sending workers of the required qualifications.

1.5. The Contractor is not responsible for the timeliness and quality of work performed by employees.

1.6. Documents confirming the provision of services are:

— acts (or other documents) on the provision of workers;

— invoices issued and paid for the appropriate amounts, providing for the payment of remuneration (no more than 10% of other amounts (salaries including compensation payments)), compensation of the Contractor’s expenses related to the activities of the provided employees (expenses for their wages, rental of residential premises , travel expenses, etc.).

RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor assumes the following obligations:

2.1.1. Based on the Customer’s written application, the Contractor selects and places at the Customer’s disposal qualified workers whose qualification parameters and standards are specified in the Customer’s application. If, after _____ (________) working days from the date of receipt of the application, the Contractor does not send the Customer his motivated comments on the application, the application is considered accepted by the Contractor and is subject to execution in accordance with the terms of this Agreement.

2.1.2. The Contractor is obliged to provide the Customer with copies of documents confirming the qualifications and work experience of the provided employees.

2.1.3. The Contractor bears full responsibility for paying wages and other benefits to the employees provided, as well as for providing employees with social and labor guarantees and benefits provided for by the current labor legislation of the Russian Federation, including compensation for damages in the event of a work injury or other damage to health due to the fault of the employer, for the payment of state and social insurance benefits, for maintaining the average salary for the period of study.

2.1.4. The calculation, accrual and payment of taxes and other obligatory payments to budgets of all levels accrued in connection with the payment of remuneration to employees is carried out by the Contractor.

The performer is:

- a taxpayer of the unified social tax in relation to payments to employees - in the event that the Contractor applies a general taxation system;

- the policyholder for compulsory pension insurance and accident insurance in relation to payments to employees - in the event that the Contractor applies a simplified taxation system.

The Contractor is a tax agent in relation to personal income tax on payments to employees.

2.1.5. When the Customer receives a request to replace an employee in accordance with clause 2.4.2 of this Agreement, the Contractor will make such a replacement within ____ (_____) business days from the date of receipt of the request. This period may be increased unilaterally by the Contractor if the staff member being replaced has qualification requirements that do not allow searching for the required candidate in a short time. The Contractor informs the Customer about the increase in time immediately after he becomes aware of the difficulty of finding a suitable candidate.

2.1.6. The Contractor undertakes to properly maintain personnel records for all employees. The responsibility for properly executing employment contracts with employees rests entirely with the Contractor.

2.1.7. If it is revealed that damage to the Customer's property has been caused by the actions of an employee, the Contractor, on the basis of a properly executed report on damage to the Customer's property and a report on the assessment of the damage caused, will compensate the Customer for the damage caused. In this case, the right of claim against the employee is transferred to the Contractor by way of recourse.

If the Contractor disagrees with the fact of damage caused by the employee’s actions and (or) the amount of damage caused, the Contractor has the right to conduct an internal investigation. The internal investigation is carried out by a commission formed by the Contractor, which includes at least one representative from the Customer. If the Customer refuses to send a representative (failure to send a representative) to participate in the commission, the commission is formed without the Customer’s representative.

The total time of the official investigation does not exceed one calendar month from the date of formation of the commission. The Commission has the right to conduct a survey of employees, persons who have information about the fact of damage, involve independent appraisers, enter the Customer’s territory, receive explanations from the Customer, and take other actions aimed at establishing the fact and extent of damage.

2.2. The performer has the right:

2.2.1. Replace a specific individual from the list of provided employees in cases where such a replacement meets the qualification requirements, that is, does not have a significant impact on the quality of the work performed by the provided employees. This right of the Contractor does not apply to employees provided to the Customer on the Customer’s recommendation in accordance with clause 2.4.1 of this Agreement, except in cases where such a replacement is caused by the dismissal of the employee on his own initiative.

2.2.2. Monitor the Customer’s compliance with the terms of this Agreement, including the Customer’s obligation to create safe working conditions for the provided workers, including in the form of the direct presence of the Contractor’s representative on the Customer’s territory.

2.2.3. Set wages for employees and the amount of other payments to employees at its own discretion, taking into account the requirements of the current legislation of the Russian Federation.

2.2.4. Require that employees assigned to the Customer comply with the terms of employment contracts, job descriptions and local regulatory legal acts in force with the Contractor.

2.2.5. Bring employees to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation, employment contracts, and local regulations in force for the Contractor.

2.3. The Customer assumes the following obligations:

2.3.1. Within 10 (ten) working days from the date of signing this Agreement, send to the Contractor an application for the provision of workers indicating the number and required qualifications of workers, including by level, profile of education, work experience, skills and abilities in a certain field, security necessary licenses, certifications, permits (permits).

2.3.2. Ensure timely reception of workers provided by the Contractor and provide them with work.

2.3.3. Provide workers with appropriate, safe conditions that comply with the Labor Code of the Russian Federation for performing labor functions.

2.3.4. Introduce the provided employees and conduct an initial briefing on compliance with safety and labor protection requirements, indicating the norms and rules in force in the Customer’s territory.

2.3.5. The Customer independently, at his own expense, provides the employees with all the necessary documents, materials, tools and tools, premises and everything necessary for the employees to carry out professional activities in the interests of the Customer.

2.3.6. Pay for the services provided by the Contractor for the provision of employees in full and within the terms provided for in this Agreement.

2.3.7. Familiarize workers with local regulatory legal acts in force at the Customer, if such acts affect issues of organization of work, labor protection, fire safety and other requirements necessary for the safe and high-quality performance of work.

2.3.8. Ensure compliance with the non-material benefits of employees listed in Art. 150 of the Civil Code of the Russian Federation: life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, personal and family secrets, the right of free movement, choice of place of stay and residence, etc.

2.3.9. If it is discovered that the Customer’s property has been stolen by an employee, the Customer is obliged to independently contact the relevant authorities with a statement. In this case, the Contractor provides assistance to the Customer in relations with the employee and government authorities. At the end of the trial, the Customer is obliged to provide the Contractor with a copy of the court verdict that has entered into legal force, certified by the court.

2.4. The customer has the right:

2.4.1. Recommend specific candidates to the Contractor for concluding employment contracts with them and sending them to the Customer in the manner and under the terms of this Agreement.

2.4.2. At any time, require the Contractor to replace a specific employee without giving reasons. This right can be exercised by the Customer if the total number of workers replaced within one month does not exceed 10% of the total number of workers provided.

2.4.3. Contact the Contractor with a proposal to reward one of the provided employees who conscientiously performs the duties assigned to him.

2.4.4. In the event of the dismissal of any of the Contractor's employees, request the Contractor to provide him with another employee to replace the one with whom the employment contract was terminated.

2.4.5. In the event of a violation of discipline by any of the employees, properly draw up documents regarding the violation of discipline and contact the Contractor with a proposal to apply appropriate disciplinary measures to the violating employee.

2.4.6. In case of violation of discipline by any of the employees or absence from the workplace due to illness, vacation and/or other reasons, the Contractor's remuneration specified in clause 4.1 of this Agreement will be reduced. The amount of remuneration reduction is determined by agreement of the Parties.

2.4.7. In case of production necessity, remove the employee from performing work while maintaining the amount of the Contractor’s remuneration.

2.4.8. Demand the replacement of an employee who does not meet the stated qualifications. To do this, the Customer turns to the Contractor with a reasoned request to replace the employee.

CONDITIONS OF PROVIDING EMPLOYEES

3.1. The provided employees do not provide any services and do not carry out any actions on behalf of the Contractor. None of the workers provided by the Contractor is an employee of the Customer and is not in civil and/or labor relations with the latter in connection with the conclusion of this Agreement.

3.2. The provided employees are in an employment relationship with the Contractor, and therefore are subject to the internal labor regulations and all orders of the Contractor. However, the provided workers are required to comply with the Customer’s requirements for the organization of work, labor protection, fire safety and other requirements necessary for the safe and high-quality performance of work.

3.3. An employment contract between the Contractor and the employee may provide for the employee’s obligation to obey the internal labor regulations in force for the Customer, as well as the corresponding job description in force for the Customer’s staffing position.

In the event of a contradiction between a local regulatory act and job description in force at the Contractor and a local regulatory act and job description in force at the Customer, for the purposes of this paragraph the local regulatory act and job description in force at the Contractor shall be applied.

3.4. The Contractor does not create stationary workplaces (own or rented) on the Customer’s territory. The workers provided to the Customer under this Agreement are considered to be sent on a business trip with temporary accommodation in premises provided by the Customer as part of the implementation of this Agreement.

3.5. If it is necessary to provide the Customer with employees who bear full financial responsibility for the Customer’s property entrusted to them, the Parties shall draw up an additional agreement to this Agreement on the procedure for transfer, return, liability for shortages and the procedure for compensation of lost property. At the same time, the Contractor enters into agreements with the relevant employees on full financial responsibility.

AMOUNT OF REMUNERATION AND PAYMENT PROCEDURE

4.1. The amount of the Contractor's remuneration under this Agreement is agreed upon by the Parties in the Price Agreement Protocol (Appendix No. 1).

4.2. The Customer shall monthly pay the amount of remuneration due to the Contractor for the services of providing employees no later than the ___________ date of the current month.

4.3. The amount of remuneration may be changed by the Parties by concluding an additional agreement to this Agreement.

4.4. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full.

4.5. In the event that the impossibility of performance arose due to circumstances for which neither of the Parties is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred.

LIABILITY UNDER THIS AGREEMENT

5.1. In the event of failure or improper performance by one of the Parties of its obligations under this Agreement, it is obliged to compensate the other Party for losses caused by such failure.

5.2. In case of delay in transferring to the Contractor the sums of money due to him on account of remuneration, he has the right to collect from the Customer a penalty in the amount of ___% of the amount of debt for each day of delay.

FORCE MAJEURE

6.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of this Agreement and which the Parties could not foresee or prevent.

6.2. If the circumstances specified in clause 6.1 of this Agreement occur, each Party must immediately notify the other Party about them in writing. The notice must contain information about the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the Party’s ability to fulfill its obligations under this Agreement.

6.3. If a Party does not send or untimely sends the notice provided for in clause 6.2 of this Agreement, then it is obliged to compensate the other Party for the losses it has incurred.

6.4. In cases of the occurrence of the circumstances provided for in clause 6.1 of this Agreement, the period for the Party to fulfill its obligations under this Agreement is postponed in proportion to the time during which these circumstances and their consequences apply.

6.5. If the circumstances listed in clause 6.1 of this Agreement and their consequences continue to apply for more than two months, the Parties shall conduct additional negotiations to identify acceptable alternative methods of execution of this Agreement.

CONFIDENTIALITY

7.1. The terms of this Agreement and agreements (protocols, etc.) thereto are confidential and are not subject to disclosure.

7.2. The Parties take all necessary measures to ensure that their employees, agents, successors, without the prior consent of the other Party, do not inform third parties about the details of this Agreement and its annexes.

DISPUTE RESOLUTION

8.1. All disputes and disagreements that may arise between the Parties on issues that are not resolved in the text of this Agreement will be resolved through negotiations.

8.2. If controversial issues are not resolved during negotiations, disputes are resolved in the manner established by the current legislation of the Russian Federation.

CHANGE AND TERMINATION OF THE AGREEMENT

9.1. This Agreement may be amended or terminated by written agreement of the Parties, as well as in other cases provided for by the legislation of the Russian Federation.

FINAL PROVISIONS

10.1. In all other respects that are not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

10.2. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by duly authorized representatives of the Parties.

10.3. All notices and communications under this Agreement must be sent by the Parties to each other in writing. Messages will be considered duly executed if they are sent by registered mail, by telegraph, teletype, telex, telefax or delivered personally to the legal (postal) addresses of the Parties with receipt against receipt by the relevant officials.

10.4. This Agreement comes into force from the moment it is signed by the Parties and is valid until “___”__________ ____.

10.5. This Agreement is drawn up in two copies having equal legal force, one copy for each of the Parties.

10.6. Applications:

1. Price agreement protocol (Appendix No. 1).

2. ________________________________________.

DETAILS OF THE PARTIES

Customer: ____________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Contractor: _________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ SIGNATURES OF THE PARTIES: Customer: ______________________ ______________________ _____________/______________ date M.P. From the Contractor: ______________________ ______________________ _____________/______________ Date M.P.

Outstaffing of personnel is prohibited, but it can be used

Until 2020, the Labor Code did not have such a concept as “agency labor,” so it was not regulated at the legislative level, and outstaffing workers were a frankly powerless category of workers. For example, the receiving party could at any time refuse an employee hired in this way - without explanation or severance pay. At the same time, the employee himself, hired under an outstaffing agreement, found himself in a very limbo position: he was hired by one organization, and he works for another. In this case, the actual employer does not bear any responsibility.

To rectify the situation and protect the interests of “borrowed” workers, the Labor Code of the Russian Federation was supplemented, which defined agency labor - this is work at the order of the employer in the interests and under the direction of another company - and prohibited its use (Federal Law dated 05.05.2014 No. 116- Federal Law). But the new article did not introduce an unequivocal ban on hiring personnel.

The opportunity to send workers to another employer still exists today. But for this it is necessary to comply with a number of conditions that are prescribed in the Labor Code of the Russian Federation.

More details

Legal regulation of the provision of personnel in Russia and restrictions on agency labor

Russian legislation in matters of leasing personnel has quite strict restrictions. This issue is considered by a number of regulatory documents, which include:

Article 56.1. Establishes an unambiguous ban on the use of agency labor within the framework of labor relations. However, this article also establishes the temporary possibility of providing employees with outstaffing in accordance with the standards of the Labor Code of the Russian Federation.
Article 341.1. Regulates the general principles of providing personnel, including the general procedure for payment and the range of persons who can conduct such activities, as well as the specifics of regulating this work under hazardous conditions.
Article 341.2. Provides specific principles according to which the provision of staff leasing by designated private employment agencies is regulated.
Article 341.3. Establishes standards for the provision of personnel for rent under an agreement concluded by an employer that is not an employment agency.
Article 341.4. It discusses the special procedure used to investigate accidents involving employees provided.
Article 341.5. It involves the receiving party bearing subsidiary liability for the main employer to the employee.
Law of the Russian Federation No. 1032-1 of April 19, 1991. It regulates employment issues for the population as a whole. But it is also the provisions of this law that establish specific requirements for the use of the system of provision of personnel by employers to perform labor functions for other persons.

The regulatory provisions of the current legislation do not contain the concepts of “outsourcing”, “outstaffing” and, especially, “personnel rental”, since from the point of view of legal standards in the Russian Federation, you can only rent a property object, and not a person.

The general requirements are payment

Temporary staff: who and in what cases?

The provision of employees to another employer can only be temporary – for a period of no more than 9 months. Allowed only in cases where it is:

Obviously temporary work related to the expansion of production or services.
Replacement of a temporarily absent staff member.
Service and assistance in housekeeping for citizens.

In addition, an employment agency can enter into an employment contract with a provision for temporary provision with those who do not plan to work permanently. This:

full-time students;
single and large parents raising minor children;
persons released from correctional institutions.

They are allowed to be sent to the host company in cases where, according to the Labor Code, a fixed-term employment contract can be concluded.

Hiring temporary staff is strictly prohibited in the following cases:

replacing striking workers;
performance of work in case of downtime, bankruptcy proceedings, introduction of part-time work in order to preserve jobs in the face of the threat of mass layoffs of workers;
replacing employees who refused to perform duties, including due to a delay in wages of more than 15 days;
performing certain types of work at objects of hazard classes I and II (the list of such works was approved by Order of the Ministry of Labor of Russia No. 858n, Rostechnadzor No. 455 of November 11, 2015);
performing work in places where the working conditions are classified as 3rd or 4th degree of hazard or particularly dangerous working conditions;
replacing those workers whose presence is a condition for obtaining a license, a condition for membership in an SRO or issuing a certificate of admission to a certain type of work;
performing work as crew members of sea vessels and mixed (river-sea) navigation vessels.

As you can see, it is possible to hire a freelancer, but subject to numerous restrictions.

At the same time, strict requirements appeared for the companies themselves that provide personnel.

Procedure for the provision of services

In this section of the contract, the parties agree on the following conditions: the procedure for selecting workers, the procedure for providing labor to workers, the implementation by the contractor of control over compliance with the rights of workers, the procedure for signing the act of services provided.

Let's consider these conditions in more detail. In the event that the contract provides not only for the provision of labor, but also for the selection of personnel, the parties determine the procedure for the selection. Recruitment may include the contractor's responsibilities for checking information about candidates and transmitting relevant information to the customer. As a rule, we are talking about the passport details of employees, place of residence, level of education, availability of additional education, work experience and length of service.

Please note that the information provided relates to the candidate’s personal data, so their provision is possible only with the written consent of the candidate. In this connection, in the contract for the provision of personnel services, it is advisable to agree on a condition for the contractor to provide the customer with confirmation of the candidates’ consent to the processing and transfer of personal data.

After carrying out the recruitment activities, the contractor transfers information about the candidates to the customer for consideration. The contract must reflect the timing of consideration of candidates, as well as the consequences of violating the deadlines or rejecting all candidates. In particular, the consequence may be the right of the performer to suspend the execution of the contract or the right to refuse to perform the contract. The parties may also provide for the re-selection of personnel by agreeing on the terms and conditions for its implementation.

The next condition that must be agreed upon by the parties in this section of the contract concerns the procedure for providing labor to workers. If the contract does not provide for the selection of personnel, then information about the employees must be provided by the contractor to the customer as part of the fulfillment of the obligation to provide personnel. To do this, the parties determine a list of information about employees that must be transferred to the customer and the procedure for confirming that the contractor has received the employees’ consent to transfer personal data to the customer. In this section of the contract, the mode and working conditions of the involved personnel must be agreed upon. The regime includes an indication of the length of the working week, shifts, breaks, and an indication of irregular working hours. The nature of the work is also indicated (traveling, rotational, etc.)

This section of the contract must reflect the customer’s obligation to ensure safe working conditions. If there is no indication of this obligation, then the contractor has no right to demand that the customer provide safe working conditions for personnel. However, it is advisable to reflect this obligation in a long-term contract, since from January 1, 2020, the customer is obliged to provide safe working conditions for the involved employees. Please note that from January 1, 2020, the possibility of sending workers to perform dangerous and harmful work is significantly limited.

Some work requires providing workers with materials and equipment, work clothes and footwear. In this connection, the contract must determine who bears the relevant costs. As a rule, these costs are borne by the customer. The customer may also be required to provide workers with places to eat, rest, and stay warm. It seems appropriate to reflect in the contract the right of the contractor to control the working conditions of the workers provided to the customer.

The contractor is responsible for the personnel provided, and therefore the contract must reflect the consequences of failure by the contractor’s employees to fulfill the terms of the contract (for example, non-compliance with work schedules, safety violations, etc.). In particular, the consequences of these violations may be the customer’s right to demand a replacement of the employee. An employee can also be replaced at the initiative of the contractor. The right to replace personnel must be reflected in the contract.

The contractor is interested in the customer's compliance with the terms of the contract. In this connection, it is advisable to determine the procedure, timing and frequency of inspections by the contractor of the customer’s compliance with the conditions for the performance by the provided personnel of labor functions defined in employment contracts. Control activities may include inspecting work sites and requesting information about the work being performed.

The results of the provision of services for the selection of personnel and the provision of labor to workers must be properly documented. In the contract, the parties determine the procedure for signing and the content of acts of services provided. Please note that drawing up an act is not mandatory when providing services, but often the act is the only evidence of the provision of services and their volume. In this connection, it is advisable to sign the relevant acts at the end of each stage. Also, acts can be signed at the end of a certain reporting period (for example, a month). The acts must reflect information about the volume of services provided.

Who can provide workers

Not every company can engage in outstaffing. According to the law, only private agencies that have undergone special accreditation in Rostrud and meet the following conditions can provide personnel for rent:

authorized capital – at least 1 million rubles;
there are no debts on taxes and contributions;
The agency's management has a higher education and work experience in the field of employment of at least 2 years over the last 3 years;
the manager has no criminal record for committing crimes against the individual or in the economic sphere;
payment of taxes according to the general taxation system (since special regimes are prohibited for them).

The list of accredited agencies is posted on the Rostrud website in the “Open Data” section >.

In addition to employment agencies, some organizations can also provide temporary staff. For example, the parent organization of a subsidiary or a company party to a shareholder agreement - to each other.

Who is responsible for the personnel

Since the main reason for introducing amendments to the Labor Code of the Russian Federation was to protect the interests of workers, the company receiving hired personnel became more responsible for it:

It is necessary to conclude a special additional agreement with the employee to his main employment contract indicating all the data of the receiving party (there was no such requirement before 2020).
“Adopted” employees must receive no less than full-time employees of similar positions and qualifications. Despite the fact that the salary is paid by the agency and not by the receiving party, the size of the salary directly affects the cost of the employee provided, so it will not be possible to save on freelance staff salaries.
If personnel are hired for harmful and dangerous work, then the contributions will also be higher, which means that the agency will “include” these contributions in the cost of the provided employee.
Workplace accidents are investigated by the actual employer, not the agency.
Responsibility for non-payment of wages to “rented” employees lies with both employers – both the direct employer and the agency. By default, their “primary” employer owes them a salary. But if for some reason he cannot pay the employees, they can demand payment from the company where they directly worked.

Obviously, after the adoption of amendments to the Labor Code, concluding outstaffing agreements has become significantly more difficult. And some companies were forced to abandon them altogether.

Responsibility

The purpose of innovation is to protect the interests of personnel. Now the customer bears greater responsibility compared to before.

Administrative

Violation of the rules, including ignoring the ban on outstaffing in Russia, entails administrative liability (Part 1 of Article 5.27 of the Administrative Code):

for companies – a fine from 30,000 to 50,000 rubles;
for individual entrepreneurs – a fine of 1000-5000 rubles;
for officials - a fine of 1000-5000 rubles or a warning.

Penalty for a second violation within a year:

for companies - a fine of 50,000-70,000 rubles;
for individual entrepreneurs – 10,000-20,000 rubles;
for officials – 10,000-20,000 rubles or disqualification for 1-3 years.

Article 5.27 of the Code of Administrative Offenses of the Russian Federation