Erschienen:
Kyiv University of Law of NAS of Ukraine, 2020
Erschienen in:Law Review of Kyiv University of Law
Sprache:
Nicht zu entscheiden
DOI:
10.36695/2219-5521.4.2020.43
ISSN:
2219-5521
Entstehung:
Anmerkungen:
Beschreibung:
<jats:p>Outsourcing and outstaffing are relevant constructions in the economic system of any state, which requires proper legislativeregu lation of this issue. Their peculiarity lies in the specific forms of labor relations between customers of certain services and performers.So far, this issue is not properly regulated at the legislative level in Ukraine, as a result of which business entities are forced to turnto the general rules of law.Today, the use of outsourcing and outstaffing is quite popular in business. As a rule, such concepts are used in cases when it comesto staff involvement, in particular, in the IT sector, the provision of cleaning services, maintenance and more.The article considers the essence of outsourcing and outstaffing, as well as their legal regulation in Ukraine. Additionally, attentionis paid to the practical aspects of these categories, their main features and characteristics are identified. According to the results ofthe study, the most optimal form of staff involvement was determined. Thus, the optimal form of staff involvement follows directlyfrom the needs of the customer, because to obtain the finished result is logical to use the model of outsourcing, and for long-term performanceof certain functions – outstaffing. If the business entity needs to involve qualified specialists to perform certain functions ona permanent basis or for a long time, it is outstaffing, and if the customer needs to get a ready-made result – outsourcing.Based on the results of the study, it was concluded that the issue of outsourcing and outstaffing in Ukraine needs to be properlyregulated, which fully meets modern requirements. In order to eliminate this problem, there is a need to take the following measures:1) ratification by Ukraine of the Convention on Private Agencies of July 19, 1997; 2) making appropriate changes to the norms of theCivil and Commercial Codes of Ukraine, as well as the Labor Code of Ukraine; 3) development and adoption of the Law of Ukraine«On outsourcing and outstaffing companies».</jats:p>