Menu
To understand the legal risks associated with outsourcing, we first need to look at its definition from a legal perspective. Although labor law does not offer a direct legal definition of outsourcing, the case law of the Supreme Court describes it as the process of segregating certain functions from an organization and transferring them to be performed by external entities. This type of outsourcing gains legal significance when it involves the employment of workers from external providers. This leads to the designation as employee outsourcing, which has significant consequences in labor law and social insurance.
Although the term “employee outsourcing” is sometimes used interchangeably with “body leasing,” “employee leasing,” or “temporary work,” there are significant differences between them.
Lately, we have noticed an intensification of activities by voivodship offices, which increasingly refuse to issue work permits to foreigners, citing outsourcing issues. The same approach is adopted by county governors regarding declarations of intent to employ foreigners, and even in the case of notifications related to the special law supporting citizens of Ukraine in the face of armed conflict.
Such a situation may signal the approaching end of a certain type of outsourcing that involves concealing the activities of a temporary employment agency under the guise of an outsourcing agreement, known as employee outsourcing.
What is and how to distinguish the legal form of process outsourcing from its less legal variation?
• Employee outsourcing, which state authorities plan to counteract, is limited to providing personnel. The company providing the service only handles the recruitment of employees and redirects them to a specific company, ending its role in mediation. The remaining duties, such as training, onboarding, supervision, task allocation, and performance monitoring, are the responsibility of the employing company and the employee.
• On the other hand, legal process outsourcing is a process in which one company takes over a specific part of the operations necessary for the functioning of another company. This can involve various services such as IT, cleaning, security, accounting, etc. Taking over the process involves full supervision by the acquiring company, and access to employees is just one of many aspects of such cooperation.
If you are using employee outsourcing and are concerned that it may result in the loss of key personnel or questioning the validity of settlements by the Tax Office, it is worth being aware that the time to take appropriate action is limite
Try&Hire is an innovative recruitment method that allows for thorough testing of an employee before offering them permanent employment. It combines the benefits of employee leasing and direct selection, allowing for the assessment of the candidate’s competencies and abilities in the workplace. The employee is employed by a temporary employment agency, which covers all costs related to personnel, salaries, administration, and recruitment. The main advantage of Try&Hire is the ability for the employee to transition to permanent cooperation with the employer at any time, without additional costs to the company.
This service is recommended for employers who are uncertain about the permanence of a new position or the need for long-term employment. Try&Hire offers flexibility and minimizes financial risk, allowing for an assessment of whether permanent employment will be beneficial. Although it may seem ideal for seasonal positions, the main goal is permanent employment after the trial period.
This service focuses on recruitment for office and specialist work, such as recruitment support, logistics, or accounting, which require specific skills. It is also aimed at individuals with little professional experience, such as newly graduated engineers with theoretical knowledge who have not yet had the opportunity to work in their field.
Lower costs such as initial employment costs for temporary employees, as well as administrative costs.
Employed by an external agency - in addition to checking knowledge and skills, this also entails the opportunity for mutual acquaintance between the employee and the employer.
The risk of hiring an unsuitable candidate permanently is practically minimized.
Related to employing the worker - the temporary employment agency takes care of everything.
It allows companies to significantly reduce expenses on personnel management, enabling them to invest more in the development of their core activities.
The ability to focus on core business enables companies to direct more attention and resources to their main areas of activity, contributing to increased competitiveness and innovation.
Time saving and freeing up internal resources allow for better utilization of the company’s internal assets for strategic projects rather than managing daily operations related to personnel.
Risk reduction involves transferring some responsibilities and potential issues to an external service provider, minimizing the risk of errors and inefficiencies within the organization.
The ability to accurately plan costs through external workforce outsourcing enables companies to better forecast and control personnel-related expenses.
Access to professional, modern solutions, and best practices allows you to leverage advanced management methods and technologies without the need to invest in expensive tools or training.
Continuous improvement of process efficiency and quality is possible thanks to continuous access to the expertise and experience of an external provider, which translates into better organization of work and company results.
Fill out the form or contact us by phone or email - we'll call you back and schedule a meeting.
We will discuss the terms and model of cooperation, establish guidelines, verify needs, and expectations.
Based on the analysis, we will develop individually tailored solutions for your company.
We will sign the contract, assign a caretaker for your company, and begin a successful cooperation.
2023 © From Vekst Group with care