Employee leasing - how to hire an employee?
Companies that want to maintain financial stability look for savings wherever they can. They use external sources of financing - leasing contracts are a popular solution. However, the rental is not only about things. Currently, the so-called employee leasing. What is it and what are its principles?
Employee leasing - explanation of the concept
Employee leasing consists in hiring employees permanently employed in another company. Therefore, persons employed by another employer perform work for the lessee. The period of "paid loan" of an employee is determined by agreement of the parties between the original employer and the company hiring the employee.
Principles of cooperation with a new employer
The main condition for "hiring an employee" is the employee's written consent to work for another company. Additionally, as already mentioned, the employers' agreement is necessary. An important element of the agreement is the indication of a specific period of time for which the employee will be "loaned". The type of work to be performed by the employee should also be specified and the value of the remuneration should be declared.
The existing employment relationship for the duration of the employee leasing is suspended. The "borrowed" employee for this period enters into an employment relationship with the new company. It is therefore necessary to establish a new temporary employment contract between the employee and the company hiring him, i.e. the lessee.
Labor law regulations and employee leasing
The Labor Code itself takes into account the issue of "hiring a job". Article 174 provides for the possibility of granting an employee unpaid leave in order to work for another employer. The requirement is to obtain the employee's consent in writing. The period of this unpaid leave is included in the period of work on which the employee rights of the current employer depend.
The only formal requirement stipulated by the Labor Code is to define the duration of the "employee loan", which should be specified in the agreement between the employers.
Therefore, employee leasing is not a single contract. It consists of four provisions:
- an agreement concluded between employers who declare mutual "loan" of the employee,
- employment contracts with a new employer,
- the employee's written consent,
- unpaid leave granted to an employee for the duration of work for another company.
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