Modern companies reduce their costs, and usually they start to do it with employees. Since salary reduction is not always a good option, besides the consequences may not be very favorable, the withdrawal of employees for the staff is used. This procedure has its own characteristics. Read more about this in the article.
The concept
The withdrawal of employees for the staff is a procedure when part of the team moves to another company, but in fact continues to remain in its place. In Russia, this appeared after using practice in the West. Most likely, many saw that in large shopping centers cleaners or cart collectors wear a special form of another company, and not the one that controls the shopping center.
Such a procedure is considered profitable and financially justified. But before its implementation it should be borne in mind that since 2016, the Labor Code prohibits contingent labor. But instead of withdrawing employees for the staff, a similar procedure was introduced.
Why is this needed?
The withdrawal of employees for the staff is needed to reduce labor costs, since in many organizations the costs of employees are expensive. In addition, personnel procedures usually require a lot of time and money, which leads to a decrease in the efficiency of the enterprise. A freelancer can continue to work, rather than looking for a new one.
Outstaffing
The procedure related to staffing optimization was borrowed from the United States and is called staff outstaffing. The advantages of the procedure include:
- The company is only engaged in its main activity.
- With a shortage of basic professions, due to the withdrawal of some employees, it is possible to hire others for basic duties, which cannot be done for small firms with simplified taxation.
- It is possible to hire foreigners if the company has permission to do so.
- Tax optimization and VAT refunds.
- Improving the organization’s statistics.
- Increase competitiveness.
- Reducing the cost of servicing services (human resources, accounting).
- Decrease in the volume of work with budget funds of the Federal Tax Service.
disadvantages
The conclusion for the staff has its drawbacks:
- Not all employees agree to be transferred, some prefer reduction.
- Retired employees must be reissued.
- The provider company into which the employees are transferred may be dishonorable or illiterate in the personnel sphere. As a result, workers and the company that decided to withdraw the staff will suffer.
Features
One company with employees from the state terminates the contracts, after which the staff accepts another organization. Workers will work in the old place, and the new employer provides:
- all personnel work;
- calculation, accrual, payroll;
- payroll taxes.
Outstaffing is the term for hiring staff retired. In this transaction, firms enter into an agreement with each other.
Subtleties of the procedure
First, employees should explain what constitutes work as a freelancer. They will continue to work in the same places and under the same conditions, there will be no changes in money, the employer will simply change. The great advantage of employees is that they will not be service personnel, but main employees, since for the provider company their activity is considered to be the main one.
The conclusion is possible only by terminating the employment contracts in the first organization and concluding them in an outstaffin company. If the management can persuade employees to dismiss at their own request, this will be a great advantage. Otherwise, it will be necessary to carry out a reduction in the staff according to general rules. It should be borne in mind that this procedure is prohibited for certain categories of citizens, for example single mothers and pregnant women.
Who can be an outstaffer?
It used to be a little easier: a new company was founded on its territory - the founders and directors remained the same. In this company and freelance employees. Now it is not allowed by the Labor Code of the Russian Federation. Since 2016, borrowed labor is prohibited by Art. 56.1.
This means that it will not be possible to establish a small organization and withdraw the staff there, since the use of labor of other companies is prohibited. And if such practice was used at the enterprise, it is urgent to adjust the activity to the new norms of the Labor Code of the Russian Federation.
With the beginning of the action of ch. 53.1 of the Labor Code of the Russian Federation, accredited recruitment agencies may be outstaffers. In the law "On Employment" in Art. 18.1 indicates which firms may send personnel to work in other institutions: these are private labor exchanges or their affiliates. They are accredited with the conditions:
- availability of authorized capital - at least 1 million rubles;
- lack of debts on taxes and contributions to the budget;
- the director has a higher education and work experience in the field of employment of 2 years or more over the past 3 years;
- lack of criminal record with the director.
Accreditation standards are subject to Law No. 1165 of 10/29/2015.
Rights and obligations of non-staff
Depending on whether the contract is drawn up - labor or civil law, there may be differences between the tasks of this or that employee. In the first case, the activity of the employee does not differ from the work of the one who works in the state. He is provided with the same guarantees and rights specified by law. The employer must pay insurance premiums and social benefits.
If a civil contract is concluded, then the internal regulations do not apply to the employee. For example, he should not be paid for weekends and holidays, and the duration of working hours is not standardized. Such an employee is not paid social compensation and contributions to the RF PF. But accident insurance contributions and other professional nuances may be provided, but they need to be discussed individually.
When is the procedure convenient?
Usually, when an employee is hired, the employer takes care of himself. Therefore, there are a number of situations when it will be convenient:
- When you need to hire a foreigner, but there is no special permission.
- If the enterprise has harmful production.
- If you want to save.
- No need to pay VAT.
- If the staffing is limited, for example, 1 accountant works, and 2 is required, then the best way would be to rent, rather than establish an additional staffing unit.
- If you want to improve the statistics of the enterprise, where there is a staff turnover.
Not always the procedure can be performed when the employer needs it. There is also the opinion of workers who may not agree to such procedures.
Nuances
Although the Labor Code of the Russian Federation, borrowed labor is prohibited , the Civil Code permits the conclusion of agreements between organizations on the provision of services for a fee. The withdrawal for the staff, as well as its use under the contract for the provision of services is considered legal. It is only necessary to observe the condition: do not indicate in the document that the work is borrowed and the staff is rented. Because of this, a fine of up to 50 thousand rubles may be imposed.
Difficulties
Outstaffing is not very widespread in Russia compared to Europe. This is due to the fact that there are no clear laws that would establish such a relationship. In judicial practice, there are many cases won by employees, with whom “lease agreements” were drawn up. This happened due to the presence of shortcomings in the work related to payment to the Pension Fund of the Russian Federation, tax.
There are several possible problems associated with this procedure:
- Difficulties with tax. This is due to the wrong amount of taxes, its reduction.
- With labor legislation, which includes the principles of organizing a working day, providing a place.
- Challenging the contract. This can be done by an individual employed for the position, as well as the client himself, that is, an institution that needs personnel.
Thus, the withdrawal of an employee for the staff is considered a simple process, but time-consuming. The procedure is only developing in our country. But in any case, its implementation must take into account the current norms of the law.