VP CONSULTING PAYROLL SERVICES

Provision of personnel “Rent” in IT and other sectors

Recently, the question of staffing is often raised “Rent”.

The service consists of the following – the company, which is staffed, company salary, which provides it. The price of the service usually includes the amount of wages of the staff provided, the mandatory insurance contributions due, which are at the insurer's expense, the additional amounts, if such are due to workers and employees, which are provided, as well as the calculated profit in favor of the supplier company.

Employers are free to do so in case, че спазват нормативните изисквания съгласно Кодекса на труда и Закон за здравословни и безопасни условия на труд.

The decision is contained in Art. 120, paragraph 2 of the CT, under which provision, without the worker's or employee's consent, the employer may assign him or her to temporarily perform other work in the same or another enterprise, but in the same town. This right of the employer is limited to the extent that the transfer may be for a longer period than 45 calendar days in a calendar year, and the same should be conditioned by production necessity or downtime. According to an argument to the contrary, if there is consent from the employee, there is no legal obstacle to entrusting him with the performance of work in another enterprise, including in another populated place, без това да е обусловено от производствената необходимост или в рамките на законово определения период от време. Закона за здравословни и безопасни условия на труд регламентира, that the employees “Rent” operate under the same conditions, on which the regular employees work, they are familiar with and follow the already established rules and instructions. It is imperative that employees are familiar with the specific characteristics of the workplace, the professional risks and the necessary professional qualification.

Practically the situation is described in a letter 24-00-9 from 18.04.2008 Mr. of the NRA.

The most important thing in this case is the availability of a quality contract for the provision of personnel, regulating the relations of the parties to the transaction. Additional permits from the administrative authorities are not required to carry out staffing activities (NAA, Employment Agency).

Нужно е обаче да се разграничи дейността на фирмата предоставяща персонал от дейността на предприятията, providing temporary work.

The activity of the enterprise, providing temporary work is regulated by the Employment Agency, where they register before starting their business as such. Their activity is characterized by hiring workers/employees to perform temporary/seasonal/short-term work. Usually, employee contracts are fixed-term or until the completion of a specific task.

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