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Activities for the provision of hired personnel. Provision of personnel in terms of Russian legislation Okved recruitment

I meant that the entrepreneur will not be a contractor in this case, but will provide the working staff. Something similar to outsourcing or outstaffing. Is this possible or only recruitment agencies can do this? Thanks.

Activities for the provision of hired personnel can be carried out not only by organizations (including recruitment agencies), but also by an entrepreneur, while the entrepreneur does not need to receive any permits when starting such activities, it is enough just to register the appropriate OKVED code.

However, in order to avoid problems with the tax inspectorate when concluding an outsourcing agreement, it is necessary to ensure that risky situations arise, and the tax office does not come to the conclusion that the sole purpose of the transaction is to optimize taxation.

This is possible if:

1. Employees of an individual entrepreneur have recently worked in a client organization with which an agreement has been concluded for the provision of the same employees without changing their labor function;

2. An individual entrepreneur providing outsourcing services is registered shortly before concluding an agreement with him;

3. The client company and the individual entrepreneur are interdependent (for example, an individual entrepreneur is the founder or director of the client organization);

4. The customer is sole client individual entrepreneur;

5. The client company calculates and pays salaries to employees, keeps their work books.

To carry out cargo transportation and provide transport services you can use the OKVED code 78.3 “Other recruitment activities” from Section N. Administrative activities and related additional services of the Classifier of Rostekhregulirovanie dated 31.01.2014 No. 14-ST . This grouping includes all types of cargo transportation ground transport except for rail transport.

For the provision of logistics services, you can use code 82.1 "Activities of administrative and economic and auxiliary activities to ensure the functioning of the organization" (this grouping includes the provision of a wide range administrative services on a fee or contract basis, including logistics services).

The entrepreneur must notify the IFTS of a new type of activity within three days from the date of commencement of its implementation. To register new code OKVED, it is necessary to submit to the statistics department an application for assigning codes (in any form), indicating the full name of the new and old types of activity and opposite them - the code of each.

After that, you need to notify about new OKVED codes tax office by submitting an application in the form No. P24001. In the application form 24001, only the first page (sheet 001), a sheet with new data is filled out (when changing OKVED codes, this is sheet “E”, and the last sheet “G” - information about the applicant. The remaining sheets are not required to be attached to the application.

Section 1 of sheet "E" shall contain at least four digital characters. If no OKVED codes are required to be excluded from the register, section 2 “Information on codes according to the All-Russian classifier of species economic activity to be excluded from the Unified state register individual entrepreneurs»Sheet "E" is not filled.

The rationale for this position is given below in the materials of System Glavbukh and System Lawyer.

  • subject of the contract;
  • service cost;
  • payment order;
  • rights and obligations of the parties;
  • conditions for the provision of personnel;
  • contract time.*

The Federal Antimonopoly Service of the North-Western District, in its decision of December 23, 2008 in case No. A56-25656/2007, also included the procedure for accepting services as essential conditions, the Fourteenth Arbitration Court of Appeal in its decision of March 3, 2009 in case No. A44-3292/2008 (by resolution of the Federal Antimonopoly Service of the North-Western District dated June 15, 2009 No. А44-3292/2008, the case was sent for a new consideration, but the provisions on what relates to the essential terms of the outsourcing agreement have not changed) - the responsibility of the parties, and the Second Arbitration the Court of Appeal in its judgment of April 10, 2009 in case No. А28-11584/2008-315/17 – the amount of work to be performed and mandatory conclusion performer employment contract with each employee.

Advice

To avoid problems after the conclusion of the contract, it is necessary to check not only the terms of the contract, but also the company itself, with which the customer plans to conclude an outsourcing (outstaffing) contract.

Before concluding a contract, it is advisable to check the very fact of the existence and activities of an organization providing services, as well as the presence of specialists with the required qualifications and professional experience.

When it is important for the customer to observe confidentiality by the contractor, that is, the observance of official and commercial secrets, then it is necessary to check outsourcing company also in terms of good faith. This is important because other people's personnel, by virtue of their labor function, receive access to confidential information about the customer company.

If it is planned to transfer to the contractor the functions of carrying out activities that are subject to licensing, then it is simply impossible to do without checking the availability of appropriate licenses. To do this, you need to ask the contractor for their certified copies and contact the authority that issued these licenses to confirm their validity.*

In addition, if the contractor intends to provide personnel with foreign citizens or stateless persons, then it is necessary to check whether they have work permits. If they are allowed in any form to perform work or provide services without appropriate permits, it will be considered that the customer involved them in labor activity(). And this may entail administrative liability for the latter (see, for example, the decision of the Federal Antimonopoly Service of the Volga District of May 4, 2012 in case No. A55-17704/2011).*

Subject of the contract and conditions for the provision of personnel

The subject of the outsourcing (outstaffing) agreement is the provision of the contractor's personnel to the customer. At the same time, it should be noted that the subject will not be people, but the services associated with such provision.

It is necessary to define most specifically the functions transferred to the executor. Their list should be a kind of job description for an employee in labor relations. Since it is often difficult for the contractor to outline the full range of tasks in advance, it is convenient to put them in a separate document that will be an integral part of the contract (for example, call it “Annex 1”), and provide for the so-called transitional stage in the contract. During this stage, the customer will transfer the necessary documentation and detail in the specified document the functions transferred for outsourcing.

“Under this agreement, the customer transfers to the contractor the performance of non-core functions, the list of which is contained in Appendix 1, which is an integral part of this agreement.”

If the customer does not indicate any service in the list of functions to be provided by the contractor, then he cannot require the contractor's staff to provide it. Also, the customer will not be able to make a claim in connection with the performance of duties by the contractor not in full.

Therefore, it will be useful for the customer to provide in the contract for a procedure for changing the volume of services provided under the contract.

The issue of providing personnel should be decided by the contractor. It is he who is obliged to fulfill all the requirements of labor legislation in relation to the personnel who will be transferred under the contract to the customer:

  • enter into or amend employment contracts;
  • revise agreements, collective agreements, local regulations.

It is the contractor who must provide the employees with the documents necessary to enable them to perform their functions under the outsourcing (outstaffing) agreement. If this is not done, the customer may face significant risks.*

The conditions for providing personnel include, among other things, the number of involved workers of a certain profession and qualifications (decision of the Second Arbitration Court of Appeal dated April 10, 2009 in case No. A28-11584 / 2008-315 / 17). It is advisable to include also the requirements for the professional experience of the contractor's personnel. The quality of the services received will directly depend on these conditions.

If the contractor does not provide the customer with the personnel specified in the outsourcing (outstaffing) agreement, then the customer may recover from him the losses associated with the failure to fulfill the obligation (clause 1, article 15 of the Civil Code of the Russian Federation).

Other conditions

1. The contract should include a clause on confidentiality (observance of official and commercial secrets) and non-disclosure of personal data of employees that will become known to the contractor. To do this, it will be necessary to agree on a specific list of confidential information.

An example of the wording of a confidentiality clause in an outsourcing (outstaffing) agreement

“Each of the parties to the agreement undertakes to keep secret commercial, financial and other confidential information, as well as personal data of employees received from the other party in the performance of this agreement. All materials of the contractor, compiled by the contractor in the performance of obligations, are confidential information of the customer and cannot be disclosed to third parties without the written consent of the customer.

2. The contract must contain conditions on documenting rendered services: obligatory availability of reports, invoices, acts of rendering services, signed by both parties.

An example of the wording of the terms of an outsourcing (outstaffing) agreement on documenting the services provided

“The Contractor undertakes to submit written reports to the customer on the progress of the provision of services under this agreement by the __ day of each month following the reporting month”, “The Service Provision Certificate is drawn up and signed by the parties within ___ working days from the date of submission of the report and is a confirmation of the provision of services by the contractor customer."

3. The parties must agree in the contract on the cost of services provided under the outsourcing (outstaffing) contract and the payment procedure. At the same time, it should be taken into account that the subject of the contract are services for the provision of personnel, and the customer pays for this service, and not for the work of specific employees.

Advice

In the contract for the provision of personnel, it is worth additionally prescribing that all expenses for the maintenance of employees are borne by the executing company, or indicate which payments should be made.

Advice

The customer should ensure that the terms of the contract ensure that the cost of the services provided is commensurate with their volume, quality and labor costs.

The cost of services under an outsourcing (outstaffing) agreement can be defined in different ways, for example, as a fixed amount per month (or even per hour) for the services provided by each employee of the contractor.*

Advice

If payment for services depends on the time actually worked by the staff of the contractor, the contract must agree on the procedure for its accounting. For example, you can use the time sheet in a form convenient for the parties. Otherwise, in the case of the provision of services not in full, it will be difficult for the contractor to justify incomplete payment services (Resolution of the Federal Antimonopoly Service of the North-Western District of April 3, 2006 No. A05-13816 / 2005-32).

4. It makes sense to regulate the amount and procedure for the liability of the parties to the contract and the personnel provided for possible violations in a separate application:

  • for poor-quality provision of services and for non-compliance with the deadlines for reporting. For such situations, it is desirable to provide for liability in the form of compensation for damage or in the form of penalties;

Advice

It will also be useful to agree on the possibility and procedure for the customer and the contractor to replace personnel.

  • for damage caused by agency workers to the customer, because it will not be possible to recover compensation from them as from ordinary workers (they are not in an employment relationship with the customer). So, the following condition can be written in the contract: “In the event that the personnel of the contractor causes material damage to the customer, including for the lack of valuables entrusted to these employees, the contractor is obliged to compensate the customer for this damage”;
  • for damage caused by loan personnel to third parties in the course of work. At the same time, the following condition should be included in the contract: “The contractor bears all responsibility for causing harm to third parties by the contractor’s employees.”

5. If the personnel involved under the outsourcing (outstaffing) agreement works on the territory of the customer, it is necessary to additionally provide for in the agreement:

  • the mode of operation of the contractor's staff (to ensure normal functioning with the customer's employees);
  • the procedure for interaction between the customer and the personnel of the contractor (who has the right to give tasks within the framework of the functions performed, the form of these tasks, the procedure for transferring the documentation necessary for work, etc.).

It should also be borne in mind that with this form of work there is a risk of recognizing the contract as labor.

6. And of course, you need to agree on the procedure for withdrawing from the contract. Although the outsourcing (outstaffing) contract is subject to the provisions on the customer’s right to an unmotivated unilateral refusal (clause 1 of article 782 of the Civil Code of the Russian Federation), it will be useful, on the basis of clause 3 of article 450 of the Civil Code of the Russian Federation, to provide for cases in which the customer will be able to withdraw from the contract, without paying the contractor for the actual expenses incurred by him. Among these cases, there may be a violation by the contractor of the terms for the provision of services (both one-time and systematic) or a change by the contractor of the price of services unilaterally.*

Svetlana Popova

Sergey Aristov

Alexander Bychkov

Under an outsourcing (outstaffing) agreement, the employer (executor), who has personnel of a certain category, provides it to the customer for a fee to perform functions related to production. The complexity of these relations is the complexity: they are subject to both labor and civil law norms.

Attention! Regulatory authorities (the Federal Tax Service of Russia and the FSS of Russia) are suspicious of outsourcing (outstaffing) agreements and examine their content in detail.

This is due to the fact that often, in practice, unscrupulous customers enter into these contracts solely for the purpose of creating an “artificial” situation in order to receive tax benefits or financial compensation from the budget. Such attempts are stopped by the regulatory authorities.

Among the main criteria on the basis of which the regulatory authorities come to the conclusion about the bad faith of the customer, the following can be distinguished.

1. The customer is the only client of the contractor, to whom the latter provided his staff, he has no other clients (decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of April 28, 2009 No. 17643/08, FAS of the West Siberian District of March 27, 2012 in case No. A75 -1765/2011).

2. The customer and the contractor are interdependent, which is expressed in the availability of leadership positions the same persons (decree of the FAS of the East Siberian District of December 14, 2011 in case No. A58-1935 / 11).

3. The customer and the contractor have the same address, the contractor does not have own assets and profit from activities (if the payment under the outsourcing agreement is equal to the amount of the wage fund) (decree of the Federal Antimonopoly Service of the West Siberian District of December 3, 2010 in case No. A45-16746 / 2009).

4. The contractor was created shortly before the conclusion of the outsourcing agreement (the decision of the Federal Antimonopoly Service of the West Siberian District of February 27, 2010 in case No. A27-929 / 2009, by the decision of the Supreme Arbitration Court of the Russian Federation of July 5, 2010 No. VAS-16107 / 09 refused to transfer this cases to the Presidium of the Supreme Arbitration Court of the Russian Federation for review by way of supervision).*

See also: What you need to check when drawing up an outsourcing (outstaffing) contract.

When working with provided personnel

The authority to manage the personnel provided is transferred to the customer on the basis of paragraph 6 of Article 20 Labor Code RF. It gives the employer the right to authorize any person to exercise certain rights and obligations in relation to employees that arise from the employment relationship. So, within the framework of the outsourcing (outstaffing) agreement, the rights are transferred to the customer:

  • entrust employees with the performance of functions that they must perform under the contract;
  • distribute responsibilities among employees.

*It must be remembered that there are no labor relations between the employee and the customer, and the customer has no right to interfere in the management of the employee's labor. The provided personnel performs the function specified in the employment contract with the contractor and is subject to the Labor Regulations established by the contractor. The customer cannot apply to the provided workers disciplinary action, remove from the work performed (in the manner prescribed by the Labor Code of the Russian Federation) or dismiss on their own initiative.

To change any condition of the employment contract between the contractor and his employee, the customer needs to contact the contractor (for example, to change the working time condition). Only a contractor under an outsourcing (outstaffing) agreement can sign an additional agreement with each employee to an employment contract (). The executor also prepares documents when it is necessary to change labor functions provided workers.

Advice

Before the admission of the provided employees to the performance of work, it is advisable to acquaint them under signature with local regulations that are related to labor activity (for example, in the field of labor protection).

Paying salaries, providing staff social guarantees, ensuring safe working conditions, resolving labor disputes, communicating with trade unions, etc., should be handled by the performer. He is also responsible for violation of the rights of employees sent under an outsourcing (outstaffing) agreement, even if such violations were committed by the customer (for example, the lack of safe working conditions). The personnel provided is in an employment relationship only with the contractor and can only demand anything in connection with the performance of their labor duties from him.

But the customer must indicate to the provided employees what work they must perform and its volume.

Can the customer prevent the employee sent to him from performing work duties?

Maybe, but there must be reasons for this.

Otherwise, there may be contractual liability to the contractor. The fact is that an outsourcing (outstaffing) agreement often provides for penalties for the customer for unreasonably preventing the assigned employee from performing his job duties. With this, the performers insure themselves against unnecessary expenses, because they still have to pay employees for forced absenteeism ().

Difficulties can also arise if an accident occurs at work with a provided worker. In practice, as a rule, the contractor is engaged in the investigation in the workplace, despite the fact that the accident occurred while doing work for the customer.

In any case, the courts will consider the case from the position of the injured worker, and the amount of compensation for harm in connection with the work injury will be recovered from executive bodies FSS Russia.

A separate issue concerns liability for the employee causing harm to the property of the customer and third parties. If this harm is caused in the performance of labor duties, then the contractor will compensate for the harm (paragraph 1 of article 1068 of the Civil Code of the Russian Federation). However, if the employee causes harm not in the performance of duties stipulated by the employment contract, then the contractor will not be liable for the damage caused.

Advice

In this case, the contract should include a condition that for all actions of the assigned employee (including those not related to the performance of his labor duties), the contractor is responsible as for his own and accepts full responsibility to the customer.

When working with the provided personnel, the following risks may arise.

Firstly, the relationship between the customer and the personnel provided under the outsourcing (outstaffing) agreement can be recognized as labor (Decree of the Federal Antimonopoly Service of the Volga-Vyatka District of February 16, 2010 in case No. A17-3552 / 2008). This is because labor Relations also arise on the basis of the actual admission of the employee to work, even if the employment contract was not properly executed (part 2 of article 16 of the Labor Code of the Russian Federation). Labour Inspectorate for such an assumption may take the beginning of work provided by the worker in the organization-customer. If the customer is recognized as an employer, the court will require him to draw up an employment contract, oblige him to restore the violated rights of the employee and bring him to administrative responsibility for violating labor laws (). In this case, the customer will not be able to recover damages from the contractor by way of recourse.

Advice

To avoid such consequences, the customer must:

  • carefully and in great detail to work out the contract of outsourcing (outstaffing);
  • check the existence of an employment contract between the provided personnel and the contractor.

It is necessary to ensure that the contractor draws up documents on sending an employee to the customer under an outsourcing (outstaffing) agreement.

In addition, it would be useful to include a condition in the contract that the contractor is obliged to compensate the customer for any amount of fines that will be presented to the latter by authorized state or municipal authorities in connection with the involvement of the contractor's employees, for example, if there are no necessary permissions for this.

Secondly, there is a risk of leakage of confidential information. This is especially true if someone else's personnel, by virtue of their function under the contract, has access to such information (for example, if the customer has concluded an outsourcing (outstaffing) contract for accounting).

When maintaining documents

To avoid adverse consequences, the customer needs to monitor how the contractor maintains documentation, and, in addition, carefully document all operations for the provision of services by the contractor's employees.

So, you need to have a written contract, copies of the license (in cases of carrying out activities specified in paragraph 2 of article 1 and paragraph 1 of article 12 of the Federal Law of May 4, 2011 No. 99-FZ “On Licensing certain types of activities”), the original invoice, invoice for prepayment of services, the original of the bilateral act on the provision of personnel signed by both parties to the agreement, as well as completed standard intersectoral forms of primary accounting documents approved by the resolutions of the State Statistics Committee of Russia. Also, the customer should issue an order on the need to attract qualified personnel from outside.

The entire personnel document flow is carried out by the performer. Only its officials may draw up and sign all personnel documents in relation to employees: orders for hiring, transfer or dismissal, involvement in overtime work, work on weekends and holidays, payroll documents, etc.*

If the payment for the contractor's services depends on the time actually worked by his employees, then it is advisable for the customer to keep a record of this time. To do this, you can use, for example, a time sheet, drawn up in a form convenient for the parties and signed by representatives of both parties. Otherwise, if the contractor does not provide services in full, it will be difficult for the customer to justify incomplete payment for services.

The contractor should be involved in compiling this time sheet, but the data for him can be provided by the customer's employees.

Should the customer pay for the processing of the sent personnel, if it is reflected in the time sheet, but is not provided for by the normalized task

No, in such a situation, the customer can only pay for the number of standard hours worked by the contractor's employees.

In the presence of a standardized task agreed upon by the parties, payment is determined not simply on the basis of the time sheet, but taking into account the amount of work performed (decree of the Federal Antimonopoly Service of the North-Western District of December 15, 2010 in case No. A56-4588 / 2009).

It is necessary to organize a record of issued powers of attorney to persons authorized to sign contracts and represent the organization. For this, it is desirable to create special magazine registration. It is advisable to develop its form independently and approve it as an annex to the order on accounting policy. According to the same principle, it will be useful to organize the accounting of contracts.

The document confirming the actual fulfillment of the obligations stipulated by the outsourcing (outstaffing) agreement is an act on the provision of personnel, and not an act on the provision of services. Invoices must be attached to the act.

Svetlana Popova

Chief Consultant of the Department of Public Law and Procedure of the Supreme Arbitration Court of the Russian Federation

Sergey Aristov

senior expert of the USS "Sistema Lawyer"

Alexander Bychkov

Head of the Legal Department of TGC Salyut CJSC

Most individual entrepreneurs rarely have to contact the registration authority (tax office) to amend the USRIP.

Entrepreneurs - citizens of Russia need to do this only in two cases:

  • the citizenship of the entrepreneur has changed;
  • the types of entrepreneurial activity, in connection with which it became necessary to change the codes according to the All-Russian Classification of Economic Activities (OKVED).*

To make changes to the USRIP, an individual entrepreneur (applicant) must submit to the inspection a set of documents established by law.

This must be done within three working days from the moment the information about the entrepreneur* has changed. Moreover, the day when the inspection receives them will be considered the day of submission of documents (clause 2, article 9 of the Law of August 8, 2001 No. 129-FZ). For example, if an entrepreneur was issued a certificate of termination of Russian citizenship on September 5, 2013, then he will need to ensure that the inspection receives a set required documents no later than September 10, 2013.

Attention: if the entrepreneur does not inform the inspectorate about the changes, negative consequences will occur.

Firstly, the USRIP will contain outdated information about the entrepreneur, which may cause difficulties in his further interaction with counterparties and other persons, including government bodies. Secondly, there will be a risk that the entrepreneur will be brought to administrative responsibility.

Documents for amending the USRIP

To make changes to the USRIP, the following documents must be submitted to the tax office (clause 1, article 22.2 of the Law of August 8, 2001 No. 129-FZ):

1) an application for amendments to the information about an individual entrepreneur contained in the USRIP, in the form No. Р24001. The procedure for filling out the application is set out in Section XV of the Documentation Requirements. Please note: from July 4, 2013, new application forms and rules for filling them out are in force;*

Situation: whether it is necessary to certify at the notary the signature of the person on the application for amendments to the information contained in the USRIP

It depends on how the documents are submitted to the tax office.

The signature on the application does not need to be certified in each of the following cases:

  • the applicant submits documents directly to the inspection and at the same time presents a passport or other identification document;
  • the applicant submits documents through the multifunctional center, presents a passport (another identity document) and signs the application in the presence of an employee of the multifunctional center;
  • the applicant submits documents through a single portal of state and municipal services.

In all other cases, the applicant's signature must be notarized.

Such rules are established in paragraph 2 of clause 1.2 of Article 9 of the Law of August 8, 2001 No. 129-FZ.

2) a copy of a document confirming the change in the information previously entered into the USRIP (for example, a copy of a passport foreign citizen, copy of residence permit, etc.).*

Situation: whether it is necessary to certify with a notary a copy of the document confirming the change in the information previously entered in the USRIP

It depends on how the documents are submitted to the tax office.

You do not need to certify a copy if two conditions are met:

  • the applicant submits documents directly to the inspection;
  • the applicant submits, along with a copy, the original of the document confirming the change in the information previously entered in the USRIP.

In this case, the inspection returns the original along with a receipt for receiving the documents.

In all other cases, the correctness of the submitted copy must be notarized.

Such rules are established in paragraph 2 of Article 22.1 of the Law of August 8, 2001 No. 129-FZ.

Alexander Porotikov

candidate legal sciences, Judge of the Nineteenth Arbitration Court of Appeal

Dmitry Porochkin

Chairman of the Youth Entrepreneurship Committee Business Russia”, President of the Club of Young Entrepreneurs of Moscow

Vitaly Perelygin

JCC expert "Sistema Lawyer"

4. ORDER, CLASSIFIER OF ROSTEHREGULIATION OF 31.01.2014 No. 14-ST, OK 029-2014, 029-2014 " All-Russian classifier types of economic activity (OKVED2) OK 029-2014 "

78 Employment and recruitment activities

This grouping includes:

Activities for maintaining a list of vacancies, applications or posting applications of candidates who are not employees of the employment office;

Supply of client companies with personnel for a limited period of time and activities to ensure other requests of clients for labor resources*

This grouping also includes:

Search and selection of vacancies, including the activities of theatrical recruitment agencies

This grouping does not include:

Activities of private theatrical and artistic agencies and recruiters, see 74.90
78.3 Other recruitment activities*»

The first steps in the workplace for each person begin with the personnel department. It is the personnel officers who invite you for an interview, conduct testing of a potential employee. The recruiter is the third person in the company, a lot depends on his choice - whether the applicant will work in this campaign or will have to look further.

In our fast paced time large companies have a large staff and are constantly in need of workers. Realizing this demand in the labor force, in professional staff, firms are opening that provide services for the selection of personnel and hiring labor.

If the company is directly engaged in hiring employees, then OKVED 74.50 will have the decoding read as follows: “Hiring and recruiting”. The same work is carried out by the Center for Employment of the Population.

Grouping decoding

Considering in more detail what is included in the code, we can indicate that companies associated with the human resources department perform the following functions:

  • Search for personnel at the request of the employer.
  • Selection of candidates and their distribution to places of work.
  • Drafting job descriptions at the request of the employer.
  • Job search for workers.
  • Testing employees, checking references.
  • Search for a labor force and highly qualified specialists for permanent or temporary work.

Both potential employees and employers need the services of such agencies. They make it easier to find a job, use various opportunities. If professionals from recruitment agencies get down to business, then the result will not be long in coming.

Knowing the demand for both employers and employees in these services, recruitment agencies are constantly opening, also reflecting their activities in OKVED 74.50.

Activities of recruitment agencies

You can find a job on your own, just open the Internet, and a variety of offers will fall. But very often it happens that the employer does not always fulfill his obligations, this also applies wages, and working conditions.

Therefore, the risk of running into a dishonest employer is high. If a person turns to recruitment agency, there they will be able to help and choose an interesting and worthwhile option. HR officers check employers in the same way as potential employees, so the risk of being deceived by the employer is reduced to zero.

Professionals working in these companies know their job, all the subtleties and difficulties that accompany the applicant. The activity of specialists is needed everywhere and by everyone, even when looking for a job.

Knowing the demand for people in these firms, many enterprising businessmen open recruitment agencies and provide recruitment and job search services. But it is worth noting that those who decide to open a recruitment agency in 2017 must use new OKVED – 78. 10.

HR services:

  • Maintaining a list of vacancies.
  • Placement of applications and candidates for job seekers.
  • Search for personnel for the employer.
  • Candidate selection and employment activities.
  • The work of employment exchanges online.

Provision of personnel in terms of Russian legislation

1. Ministry economic development and trade Russian Federation, The Center for Economic Classifications has developed the All-Russian Classification of Economic Activities (OKVED). It is part of the Unified Classification and Coding System for Technical, Economic and Social Information (ESKK) of the Russian Federation (See Resolution of the State Committee of the Russian Federation for Standardization and Metrology dated November 6, 2001 N 454-st “On the Adoption and Entry into Force of OKVED” ).

The objects of classification in OKVED are types of economic activity.

Paragraph 74.50 OKVED formulates such a type of economic activity as: "Recruitment and Recruitment". Since OKVED includes, in addition to the list of classification groups of types of economic activity and their description, in this case the description of the named type of economic activity (see Appendix A) is formulated as follows:

3. The Labor Code of the Russian Federation today does not have any mention of ways to attract personnel such as leasing. On the contrary, the Labor Code of the Russian Federation thoroughly describes how the labor relations between the employee and the employer should be formalized. Thus, the entire burden associated with the implementation of the norms of the Labor Code falls on the Service Provider - outstaffer, lessor.

4. the federal law No. 000 FZ of 01.01.2001 “On Licensing Certain Types of Activities” also does not contain a mention of the need to license services for the provision of personnel.

5. Relationships between the Personnel Customer and the Provider are built on the basis of a civil law contract for the provision of services for a fee. The conclusion of such an agreement is regulated by Ch. 39 of the Civil Code of the Russian Federation, art. 779-783.

Thus, the following important conclusions can be drawn:

1) personnel leasing, i.e. personnel provision services are a legal activity;

2) no special permit (license) is required to carry out personnel leasing activities;

3) the costs of the customer associated with the involvement of personnel through the Service Provider - the lessor in accordance with the Tax Code of the Russian Federation are borne by the cost price;

4) responsibility associated with the implementation Labor law RF in relation to the personnel, including foreign personnel working for the tenant, is transferred to the shoulders of the Provider - the lessor;

5) Russian labor and civil legislation does not currently regulate relations arising from the provision of personnel. However, paragraphs 2 and 3 of Article 421 Civil Code of the Russian Federation, allow to conclude any agreements that do not contradict the current legislation, make it possible to conclude contracts for the provision of services for participation in manufacturing process.

The parties may also conclude a mixed agreement, which contains elements of various agreements.

According to these rules, firstly, the parties may conclude an agreement, both provided for and not specifically provided for by law or other legal acts; secondly, the parties can conclude a mixed contract, which contains elements of different contracts, statutory or other regulations.

Thus, the contract for the provision of services for participation in the production process (read the contract for the provision of personnel, including foreign personnel) is a mixed contract that combines elements of various civil law contracts. The subject of such an agreement is the provision by one organization at the disposal of another organization (the actual employer) of specialists with the necessary profile and qualifications to perform certain functions in the interests of this organization.

OKVED (All-Russian classifier of types of economic activity) is applied when state registration individual entrepreneurs (IP) and legal entities.

In 2015, the OKVED reference book OK 029-2001 (NACE rev. 1) with deciphering the codes is used. It was adopted by the Decree of the State Standard of Russia dated November 06, 2001 No. 454-st. On January 1, 2016, OKVED 2 (version OK 029-2014 (NACE rev. 2)), approved by the order of Rosstandart of January 31, 2014 No. 14-st.

OKVED structure

The reference book consists of 17 sections marked with Latin letters (A-Q) and 16 subsections (CA, CB, DA-DN). They are broken down into smaller classes, subclasses, groups, subgroups, and species, presented as two to six Arabic numerals separated by dots.

The code for grouping types of economic activity has the following structure:

  • XX - class;
  • XX.X - subclass;
  • XX.XX - group;
  • XX.XX.X - subgroup;
  • XX.XX.XX - view.

Selection of OKVED codes

When registering new organization there is a question of selection of types of economic activity. It is important to know that all of them are selected strictly according to OKVED codes.

To find desired code, first you should decide on the scope of the organization (for example, textile production), then find the necessary section or subsection (for example, DB). Further delve into the class, subclass, group, subgroup and type until a specific type of economic activity is determined.

  • The selection of the code does not depend on the form of ownership of the organization: they are identical for IP, LLC, CJSC.
  • The selected code must consist of at least 4 digits, i.e. be the name of a group (XX.XX), subgroup (XX.XX.X) or species (XX.XX.XX).
  • IN founding documents you can specify an unlimited number of codes (preferably no more than 20 pieces).
  • When registering, one main code (of the core activity of the organization) and additional (non-core occupations or activities in the near future) are indicated.
  • When choosing types of economic activity, it should be remembered that some of them require licensing.
  • At any time, you can make changes to the list of codes (add or remove).

Instruction

To facilitate the selection of the type of economic activity, a search is organized by name or by code. It is also possible to add positions of interest to those saved for further viewing or printing codes with decryption.