A competently drafted personnel outsourcing agreement with a detailed statement of the clause on the parties' responsibilities greatly simplifies the procedure for resolving complex issues related to the violation of obligations. The areas of responsibility must be outlined as clearly as possible.
If the contract includes sanctions for the outsourcing company's failure to perform its duties in a timely manner, it is reasonable to also provide for the customer's guarantee for failure to provide the necessary information on time, which could cause the contractor to violate its obligations.
Liability may be expressed either the benefits of using our teacher database by reference to general provisions of the law or by a specific indication of the amount of the penalty for each day of delay, the amount of the fine, as well as the obligation to compensate for losses in the part not covered by the penalty.
In addition, some organizations manage to recover not only damages, but also lost profits, although this is not so easy. There is another option - limiting liability to a certain percentage of the total cost of the contract.
Conditions for termination of the contract
The term of the personnel outsourcing agreement is not limited by law, it can be a month, half a year, a year, or several years. Everything depends on how large-scale the task is set by the customer, and on the degree of trust in the selected outsourcing company. After all, not all organizations have a long entrepreneurial fate, some are liquidated even before the customer's goal is achieved.
The standard form of the agreement contains a clause on the possibility of prolongation. Usually, prolongation does not require additional paperwork and occurs automatically if neither party expresses a desire to terminate the agreement upon expiration of its term.
Document for download:
Personnel outsourcing agreement
If the parties do not want to continue the contract, they formalize their desire in writing. The parties also have the right to terminate the contract early - this is a feature of the agreement on the provision of services. Both the contractor and the customer may refuse to further perform their obligations unilaterally at any stage of the contract, while reimbursing the actual costs at the time of termination (Article 782 of the Civil Code of the Russian Federation).
The procedure for terminating the contract is associated with the difficulties of transferring the function to another outsourcing organization. Therefore, it is advisable to devote a separate section to the termination mechanism in the personnel outsourcing agreement, which will specify the procedure for transferring information from the contractor to the customer, the contractor's obligation to consult the other party for some time after the end of the contract, associated with the impossibility of terminating the processes launched during the contract. It is necessary to provide for financial costs associated with the transfer of data, and other conditions.