Civil Code

It should be noted that civil and labor legislation of the Russian Federation not provides such type of contract as an agreement on the provision of personnel (outsourcing), while according to art. 421 Civil Code, individuals and legal entities are free to contract and may enter into contracts, as stipulated, and not provided for by laws or other regulations. The parties may enter into a contract, which contains elements of various contracts, statutory or other legal acts (mixed agreement), in this case apply to the parties in the relevant parts of the rules on contracts, elements of which are contained in a mixed contract, unless otherwise stated in the agreement of the parties or the nature of the mixed contract. Actually provision of personnel (outsourcing) is paid services. According to Section 1, Art. 779 of the Civil Code of the contract of compensated rendering of services by Contractor shall render services to customer (perform certain carry out certain actions or activities), and the customer agrees to pay for these services. The subject of the contract is to provide outsourced staff artist to the customer.

Employees transferred under the contract outsourcing, are registered in the state of the lending organization. Since the organization workers are in labor relations, that is, enter into contracts of employment, receive wages, payment of sick leave and compensation. At the same time organization in which employees are involved in outsourcing contract, no draws with them no legal (including labor) relations. Robotics pursues this goal as well. Therefore, if an organization in which employees are involved in the contract Outsourcing does not enter into employment contracts with them (the organization is not against them by the employer), employees are not staff members of the organization and thus not be accounted for when calculating the average number.

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