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Outsourcing contract

Outsourcing contract is the foundation on which to build a relationship between the consumer and outsourcing services outsourcer.

This article focuses on entrepreneurs who have taken the decision to transfer non-core functions of your business outsourcing company, or still in the process of its adoption and is intended to draw attention to some aspects which should be reflected in the outsourcing contract. (Model contract outsourcing)

Since outsourcing is a relatively new service in our market, its opportunities and legal implications are not well studied both by consumers and providers of outsourcing services, as well as government agencies and the courts. To this foundation was solid below are some general guidelines that can help you minimize the risks associated with outsourcing services.

Outsourcing contract - general advice

Transfer to the counterparty to perform certain tasks that do not belong to the normal activities of the company, but at the same time are necessary for its operation is convenient and profitable. To get the maximum benefit from outsourcing, you need to prepare a good legal basis for its use.

In the Russian law legal concept of "outsourcing", but in civil law there is a fundamental principle: freedom of contract. ie the right to enter into contracts not covered by the Civil Code.The absence of a special legal regulation means that the outsourcing contract should be carefully and very thoroughly worked out by the parties both in terms of fiscal, administrative and civil consequences. Otherwise the company may face a number of negative and very unpleasant consequences. Outsourcing contract in legal terms

Outsourcing contract in legal terms is a service of staff to carry out a certain amount of work in favor of the organization - the customer. Therefore, to design outsourcing relationship applies construction contract of compensated rendering of services. Outsourcing used to release their staff from the unusual routine of work and the most productive uses in addressing the major challenges of the enterprise.

To reach this goal is to advance and as soon as possible and more specifically outline the scope of transmission problems of the company-outsourcer and to provide some transitional phase during which the client will send the necessary documentation to the Executive or the detail sent to the outsourcing of work.

Outsourcing contract. Contains of the contract.

In drawing up the outsourcing contract should pay particular attention to privacy, ie to comply with the performance and commercial secrets, as well as non-disclosure of personal data of employees who will be known outsourcing company. It will be important in selection of good outsourcing company and the consolidation of the contract provides appropriate safeguards.

The outsourcing contract should include requirements regarding the qualifications and professional experience of the staff outsourcing, which will be involved in solving problems of the customer. This is especially important if the contract is outsourcing the provision of manpower, especially from neighboring countries.

To reduce the risk of tax appropriate it is necessary to include all existing conditions stipulated by law, including the scope of the contract, order fulfillment and delivery operations, terms and conditions of payment. Subject of the contract should be formulated very concrete. The treaty text should use the terminology of the Tax Code.

Composition of the treaty should provide for proper documentation of services provided: invoices, acts of service, signed by both parties. It is necessary to pay particular attention to extent of liability for the quality of outsourced services and compliance with reporting deadlines. The outsourcing contract should provide for compensation for loss of the customer suffered as a result of poor execution of the work organization - the performer. Composition of the treaty should provide for liability in damages or in the form of penalties.

The most popular types of outsourcing services is accounting outsourcing and IT-outsourcing. Contract Accounting outsourcing has its own peculiarities of legal registration and a contract outsourcing, detailed tasks under the outsourcing of accounting.


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