Outsourcing Staff And Outstaffing
To answer that question, it was necessary to understand terminology and distinguish the concepts of outsourcing and outstaffing. Both words came to us from Western countries and were not reflected in Russian legislation, so treaties often divergent and many customers confused those concepts with each other. However, as the head of the Committee on Labour and Social Policy of the State of the Russian Federation, Andrei Isaiev, said in his interview, it is anticipated that the outstaffing would be a complete ban on the territory of the Russian Federation as soon as possible, so all companies need to clearly determine what kind of cooperation they actually use or plan to use in the future.
In the case of outstaffing, the employer shall have at his disposal a staff member in the state of the service provider. At the same time, people actually work in the same company, and they receive wages and are registered in another company. But according to article 129 of the Labour Code, people cannot be subject to civil rights, so the conclusion of an outstaffing contract that directly refers to the transfer of personnel is simply illegal. However, this practice has evolved over time in Russia on the basis of positive judicial precedents where outstaffing treaties have been recognized as legitimate.
Autsorisng implies a very different interaction between the customer and the service provider. In this case, certain functions are performed, which are fully paid to the purchase of another company. In this case, the staff work with the implementing company, is in it and receives wages, which excludes any contradiction with the Labour Code. The Employer presents certain tasks to the Employer, and the latter himself decides how to perform them, how many employees keep in the state to service all active projects.