This document is an agreement between the customer and the contractor, the purpose of which is to provide hired labor of the contractor's employees to perform the necessary work at the customer's. Such an outstaffing agreement must clearly define:
an accurate description of the job responsibilities of each employee involved;
the number of people required for a given activity;
duration of work (not exceeding 9 months);
amount and form of payment;
procedure and terms of payments;
penalties, fines and other email database lists australia measures of liability for violation of the terms of the contract;
General conditions for modification and termination of the contract.
Contents of the outsourcing agreement
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What else should be taken into account and included in the contract?
Conditions for ensuring safety and labor protection for hired personnel. The employer must guarantee compliance with all labor protection standards, including the provision of personal protective equipment and the necessary briefings. These points must be clearly stipulated in the outstaffing agreement, although the legislator does not oblige either the customer or the contractor to do this. The main thing is to agree.
Establishing requirements for personnel, including seniority, education, and experience in a specific field. This will help avoid potential disputes and difficulties associated with poor performance by the recruitment agency.
If the customer plans to assess working conditions and change them from normal to harmful or hazardous (groups 3 and 4, according to Federal Law No. 426-FZ of 23.12.2013), the changes must be stipulated in advance in the contract.
The customer must determine the causes of accidents, since the incident occurred on his territory. Therefore, the contract must provide for the procedure for notifying the agency about the incident.
You can download a sample outstaffing agreement here.
Examples of concluding an outstaffing agreement
Outstaffing in the retail chain
A large chain of minimarkets is trying to preserve the privileges of the simplified taxation system. However, according to the law, the number of employees must not exceed 100 people to apply the simplified taxation system.
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To meet this requirement, the company decides to outsource its storekeepers and drivers, while continuing to use the simplified tax system.
In addition, an agreement on material liability for storekeepers is concluded with the agency.
Outstaffing in a hypermarket
The hypermarket uses an outstaffing agreement to provide temporary personnel who are sent by a recruiting agency and work from 3 to 6 hours a day. Their tasks include:
warehouse operations;
placing goods on shelves;
checking price tags and expiration dates;
cash register service.
Mainly students and people looking for additional income are attracted to such positions.
Examples of concluding an outstaffing agreement
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This approach allows the hypermarket to avoid the need to constantly search for personnel for low-skilled positions due to high staff turnover.