Provision of personnel “for rent” in IT and other sectors
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Recently, the question of providing staff “for rent” is often raised.
The service is the following – the company that is provided with staff pays the company that provides it. The price of the service usually includes the amount of labor remuneration of the staff provided, the mandatory insurance contributions due, which are at the expense of the insurer, the additional amounts, if any, are due to the workers and employees who are provided, as well as the calculated profit in favor of the provider company .
Employers are free to do so provided they comply with the statutory requirements under the Labor Code and the Health and Safety at Work Act.
The decision is contained in Art. 120, paragraph 2 of the Civil Code, according to which provision, without the consent of the worker or employee, the employer may assign him to temporarily perform other work in the same or another enterprise, but in the same populated place. This right of the employer is limited to the extent that the relocation can 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, in the presence of consent on the part of the worker, there is no legal obstacle to entrusting him with the performance of work in another enterprise, including in another populated place, without it being conditioned by the production necessity or within the legally determined period of time.The Law on Health and Safety at Work stipulates that “hire” employees work under the same conditions as regular employees, are familiar with and follow the already established rules and instructions. It is mandatory that the employees are familiar with the specific characteristics of the workplace, the occupational risks and the necessary professional qualifications.
Practically, the situation is described in letter 24-00-9 of 18.04.2008 of the National Revenue Agency.
The most important thing in this case is the existence of a quality contract for the provision of personnel, regulating the relations of the parties to the transaction. No additional permits from the administrative authorities (NAS, Employment Agency) are needed to carry out staffing activities.
However, it is necessary to distinguish the activity of the staffing company from the activity of the enterprises providing temporary work.
The activity of companies providing temporary work is regulated by the Employment Agency, where they are registered before starting their activity 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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