Russian recruiters facing new regulations
On the one hand, the bill prohibits the agency work, namely those forms of providing workers who are used exclusively for infringement of workers' rights and the application of minimization schemes and tax evasion and insurance premiums.
On the other hand, the bill legalizes relations associated with the provision of temporary workers between the private employment agencies (PEA) and enterprises with certain restrictions. law consolidated the grounds for granting employees enterprises.
These reasons include: increased production or volume of services for up to 9 months, the replacement of temporarily absent staff members of companies, as well as the possibility of providing no time limit on workers from socially vulnerable groups.
While smoking will provide staff to work during strikes, work in hazardous conditions, hazardous objects. law stipulates the obligation of employment agencies to pay insurance premiums for accident insurance, depending on the class of professional risk enterprise, which is sent to the employee."Among the positive innovations - establishing criteria for agencies to provide staff: introduction of high (1,000,000) of the authorized capital will guarantee payments as wages and payments to the budgets and off-budget funds and accreditation ensures the integrity of companies in this market and provide additional safeguards for workers "- says Natalia Mosunova, Head of Legal Services Adecco Group Russia. law excludes the possibility of providing employees those companies that used "gray" schemes providing staff: in the field of registration of workers, as well as in the field of tax evasion and insurance premiums.
Introduced the accreditation criteria of employment agencies, which means the inability of the so-called shell companies. "Adoption of the bill for temporary workers, will make its application transparent and civilized. In fact, the hit on the unfair provision of personnel - black and gray schemes, when the employee is not given guarantees wage and Social Security "- said Catherine Gorokhov, CEO of the Association of Private Employment Agencies (ACHAZ) and CEO of Kelly Services. Work on the bill was conducted during three and a half years, the unions insisted on the "prohibition of contingent labor," while employers and PEA - the official regulation of temporary workers.
Providing employees as a form of employment relationship exists in the world for over 70 years and is recognized and supported by the European Union (see EU Directive number 2008 104 EU employment through temporary employment agencies) and the International Labour Organisation (ILO) Convention number 181 on private employment agencies. Widespread use of the provision of temporary staff, both in Europe and around the world over the past decade suggests that this form of employment is beneficial both to the state and the workers and businesses.
In Russia providing employees (staff) was actively developed during the 1998 crisis. According CIETT (International Confederation of Private Employment Agencies), the share of temporary workers in countries where this form of legalized labor, is 2-4% of the total employed population. That is, in Russia, the number of employees practicing a form of legal employment may be much higher, due to the phasing out of the shadow of employment of the least protected class workers and will contribute to reducing unemployment. This will not only allow the state to withdraw from the shadow of employment of the least protected class of workers, but will also contribute to reducing unemployment.
"Part of the new law comply with the European approach, where the service is more developed. For example, the duty of the host country to ensure normal working conditions, restrictions on bankrupt companies, the model contract to provide personnel "- says Natalia Mosunova, Head of Legal Services Adecco Group Russia. "In the future, it will be easier to soften the law in a civilized market through amendments to existing legislation. For example, the staff did not provide for nine months and a half or two years, as in, say, Poland and the Netherlands - said Catherine Gorokhov, Chairman of the Association of Private Employment Agencies (ACHAZ) and General Manager recruitment company Kelly Services. - Create flexible mechanisms to expand the state ultimately will provide flexibility to respond to potential challenges of the economy. "