In March - April 2016, the Ministry of Economic Development and Trade of Russia developed the draft law regulating the provision of workers by the non - private employment agencies.
The Article 341.3 of the Labor Code, which came into force in 2016, provides specific regulations of labor of workers, which are temporarily sent to other legal entities by the employer - non-private employment agency, to be stated by the federal law. The draft law sets the appropriate labor regulations in accordance with the Article 341.3 of the Labor Code. If the draft law is adopted, it makes it possible to implement the above legal framework.
The draft law also provides the following contracting parties of the contract: the Customer and the Executor.
The Executor may be legal entities, including foreign legal entities and their affiliates (not individuals), excluding those using special tax regimes.
The Customer may be Russian legal entities or representative offices of foreign legal entities operating in Russia, if they are:
- affiliated to the Executor;
- joint-stock company, if the Executor is a party to the shareholders' agreement on the implementation of the rights certified by the shares of the joint-stock company;
- party to a shareholders' agreement with the Executor.
The draft law also states the rights and obligations of the customer, the executor, the employee and their relationships.
The text of the draft law is available here.
For detailed information please, contact Confidence Group consultants.
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