LEGAL CONTENT OF THE OUTSTAFFING AGREEMENT

Abstract

The article is devoted to the analysis of the legal content of outstaffing agreement. Scientific approaches to the definition of outstaffing are considered. The domestic legislation regulating legal relations of outstaffing is analyzed. It is determined that Ukraine has not yet formed a proper regulatory framework that regulates legal relations in this area. There is no legislative definition of the concept of "outstaffing agreement". It is specified that outstaffing agreement should be considered as mixed not named agreement. It is determined that outstaffing contract by its content is a service contract containing separate elements of a contractor. Outstaffing contract is a bilateral consensual contract according to which outstaffer transfers specialists of certain qualification into operative subordination of the customer, while maintaining labor relations with them, and the customer undertakes to accept the service and pay for it, independently organize borrowed work with ensuring compliance with labor protection legislation. It is pointed out that the subject of outstaffing agreement is not the labor force, but the remunerated service of selecting and providing by outstaffer company its employees to perform their work for the customer. The subjective composition of the outstaffing agreement was analyzed. It was determined that the composition of the participants of the outsourcing contract does not coincide with the composition of its parties, as the participants of this contract along with the customer and outstaffer are the third parties - qualified personnel who are in an employment relationship with the outstaffer, but go under the supervision of the customer. The provisions to be fixed in the contract of outstaffing are determined. The necessity of fixing in the contract of outstaffing of transfer of intellectual rights directly at execution by outstaff personnel of their duties has been specified. The article identifies the need to improve civil, tax and labor legislation in terms of regulation of atypical forms of employment that should be carried out on the principles of harmonization of domestic legislation with the norms of international law; normative regulation of the general concept of outstaffing; protection of rights and interests of legal relations participants.