Employee outsourcing vs. temporary work - what's the difference?

Employee outsourcing vs. temporary work - what's the difference?

Taras Havryliuk
15.04.2021
3 min czytania

Sooner or later, the company owner thinks about increasing employment. Both outsourcing and temporary work are increasingly popular activities of employers. What are they and how do they differ?

Anyone can employ

According to the Act of July 9, 2003 on the employment of temporary workers, not only an entrepreneur running a company, but also a temporary employment agency may employ. The latter employs employees in order to direct them to work for the employer, called in this tripartite arrangement, the employer. user. You can conclude many contracts for short periods, and the employer can terminate cooperation with the employee before the agreed period without any consequences. All obligations towards the employee are divided between the agency and the employer.

Employee outsourcing — what is it and what does it give?

Outsourcing involves separating certain functions from the company's organizational structure and commissioning their implementation to an external business entity. The entity using outsourcing services does not have a legal relationship with the person who performs work for it. Such an employee is constantly subordinated to the employer in the form of this external entity, and not to the company where he works.

The areas most frequently outsourced to external companies are HR administration, accounting, legal services, IT services, training, security, and cleaning services. Employee outsourcing, unlike temporary work, is not regulated by law, which mainly comes down to doubts as to who the employee actually is and who should pay contributions on his or her behalf.

Employee outsourcing and temporary work

Temporary work is based on an employment contract, which in itself solves many dilemmas. The employee signs a contract with the temporary employment agency, which determines all formal matters. In the case of outsourcing, we are dealing rather with a client-principal relationship. contractor, and the tasks are carried out using the provisions regarding the mandate contract. Although in legal language the contract in the case of outsourcing is the so-called unnamed contract. In temporary work, just as the employment agency deals with administrative matters, the employer supervising the work of the temporary employee, just like any other employee, supervises the execution of tasks. There is no supervision in outsourcing. The client specifies his or her expectations regarding the effect, but cannot act as a controller or instructor.

The outsourcing company remains the employee's manager. In the case of outsourcing, there are no restrictions on the type of work performed or time limits. Outsourcing services can be performed in the long term. Temporary work imposes a limitation of working for one employer for a maximum of 18 months in a period of 36 months.

Outsourcing seems to be more beneficial for the employer because it takes away a lot of responsibility from the employer and leaves it to the outsourcing company. However, care should be taken to formulate the outsourcing contract in a way that complies with the law. It is always worth taking advantage of the offer of an experienced agency offering this type of services. Atlas Work will help the employer, both in the case of temporary work and outsourcing, in completing all formalities, offering support at every stage of cooperation.