Outsourcing is a good way to increase the efficiency and quality of services provided, and consequently, to increase the competitiveness of the company. In addition, it is also a way to optimize costs, including tax burdens. The company does not have to hire new employees on a permanent basis, train them or even keep employee documentation and deal with all other related HR and payroll issues. In today's article, we will try to bring the issue of outsourcing closer - what it is, what are its types and how to use this type of service in accordance with the law in force in Poland.
What is outsourcing?
In the most simplified terms, it is the use of external services by an organization in order to relieve its current operations. The outsourcing service therefore consists in the implementation of processes separated from the structure of a given organization by an external company. Importantly, at present this concept has not yet been properly formalized in law, and the provisions in contracts for the implementation of such services are regulated exclusively by the provisions of the Civil Code.
Types of outsourcing
The basic type of this type of service is process outsourcing, which fully complies with the assumptions presented in the above definition and current legal regulations. In this case, the organization (client) sets a goal for the external company (contractor) that is to be implemented in the long term by the employees employed by it. An important issue in this type of cooperation is also the fact that remuneration or other employee benefits, as well as maintaining employee documentation, referring to medical examinations, all training and providing the necessary tools or protective clothing lies with the contractor - the external outsourcing company. It is the latter that remains the formal and at the same time actual employer issuing orders and supervising and settling employees.
Since, according to Polish law, temporary work can only be seasonal, periodic or even ad hoc (up to 18 months within 36 consecutive months) and is subject to many other restrictions, various types of outsourcing have started to function in the industry - in addition to process outsourcing, the most common term is "employee outsourcing", also known as personnel outsourcing. What is it? This term means delegating employees employed by an external company to work under the management of an organization interested in this form of cooperation. However, since Polish law does not directly prohibit this type of activity or regulate it in any strict way, it should be remembered that using employee outsourcing services will carry the risk of irregularities and even potential legal problems. State institutions meticulously conduct inspections, the purpose of which is to verify whether in a given case we can even talk about "outsourcing". It is worth remembering that when concluding contracts, not only their name is important. The provisions contained in them play a key role.
How to use outsourcing services legally?
As we mentioned at the very beginning of this article, this type of cooperation provides organizations with a number of benefits, allowing them to optimize the costs of running a business, but also to simply focus more on their core business or developing new projects. That is why it is definitely worth using this type of service and support from a team of external companies! However, there is no doubt that the only legal solution is process outsourcing instead of employee outsourcing. By deciding on employee outsourcing, we expose ourselves to unknowingly violating the regulations or becoming a victim as a result of errors made by an external company. Let us also remember that compliance with the regulations means that we remain fair to employees who perform various tasks for us and, thanks to this, we are able to build really lasting relationships with both the employees themselves and business partners.
If we need additional support on an ad hoc or seasonal basis, we should use the services of a temporary employment agency. If we want to delegate the implementation of specific processes or services to external entities for a longer period of time, we should opt for process outsourcing.
This article is for informational purposes only and does not constitute legal advice. If you have any questions or concerns about employee and process outsourcing, please contact our team or consult a lawyer specializing in this field.
