Sample contract for personnel services for legal entities. Sample contract for the provision of services for the conduct of personnel records management. Contract for the provision of accounting services
The Agreement may be terminated at the initiative of either Party with the obligatory notification of the opposite Party in writing, no later than calendar days before its termination. In case of delay in payments under this Agreement for more than calendar days, the Contractor has the right to unilaterally terminate this Agreement with a written notice to the Customer, notifying the Customer about this calendar days in advance. 6.5. At the end of the Agreement or upon termination of the Agreement, the Contractor is obliged to return to the Customer, and the Customer is obliged to accept from the Contractor within working days from the date of expiration of the Agreement or from the moment of termination of the Agreement, documents in a form suitable for independent continuation of accounting by the Customer. 6.6.
Contract for the provision of services for maintaining personnel records of employees of the organization
Immediately notify the Contractor of all changes in information, materials, documents transmitted to the Contractor, as well as changes in their intentions regarding the issue resolved in his interests. 2.2.4. For the implementation of individual business transactions documents on them can be accepted for execution upon a written request of the Customer, who bears full responsibility for the consequences of such operations. 2.2.5. Pay for the services of the Contractor in the manner, on time and in the amount established by this agreement.
3. COST OF SERVICES AND PROCEDURE OF PAYMENTS 3.1. The cost of the Contractor's services under this agreement is determined based on the current prices specified in Appendix No. 2 of this agreement. 3.2.
Contract for the provision of services for the conduct of personnel records management
Contractor's invoices, Service Provision Certificates are transferred to the Customer through a courier or by registered mail. Invoices can also be sent to the Customer in advance by fax or by e-mail subject to the mandatory subsequent submission of originals. 4.8. The expiration of the Agreement does not deprive the Contractor of the right to receive the remuneration due to him for the Services rendered during the term of the Agreement, as well as other payments and compensations provided for in this Agreement.
5. Responsibility of the Parties 5.1. Failure to perform or improper performance by the Parties of their obligations under this Agreement entails liability in accordance with applicable law Russian Federation. 5.2.
Contract for HR management
Important
Organizes work on the reception by the management of the enterprise of visitors on personal issues, as well as office work on the appeals of citizens in accordance with standard instruction on paperwork and archive work at the enterprise.1.2.12. Takes part in the organization Maintenance meetings and meetings convened by the management of the enterprise.1.3. The Customer instructs, and the Contractor assumes the obligation to perform in the interests of the Customer the functions transferred to him (hereinafter referred to as the “services”). 1.4.
For the provision of services under this Agreement, the Customer pays the Contractor a fee in the amount, procedure and terms established by this Agreement. 2. RIGHTS AND OBLIGATIONS OF THE PARTIES 2.1. The Contractor undertakes: 2.1.1. To provide the Customer with the services specified in clause 1.2 of the Agreement.2.1.2.
Submit to the Customer for approval a list of employees involved in the implementation of the Agreement. 2.1.3.
HR service agreement
Otherwise, the Party that has not fulfilled (improperly fulfilled) this obligation shall bear the risk of all adverse consequences associated with this. 8. Applications Appendix No. 1 List of the Contractor's services included in the subscription fee Appendix No. 2 Subscription fee for the Contractor's services Appendix No. 3 Customer's application Appendix No. 4 Regulations for interaction between the Contractor and the Customer Appendix No. 5 hiring 9. Addresses and Bank details Parties Customer: Tel. Contractor: LLC “Accounting company “STATUS” 191014, St. Petersburg, Zhukovsky, d.
7/9, apt. 32 TIN 7841336474/784101001 Account No. 40702810632000001577 ST. PETERSBURG BRANCH OF OJSC ALFA-BANK St. Petersburg Tel.
Attention
At the conclusion of the contract, the Customer pays the Contractor as an advance payment of 50% of the estimated cost of services per month. 3.4. The date of fulfillment of the Customer's obligation to pay for the work is the date of crediting Money to the Contractor's account specified in the "DETAILS OF THE PARTIES" section of the Agreement. 3.5. In case of non-payment or incomplete payment by the Customer of the invoice issued, the Contractor has the right to suspend the Customer's service until the full payment for the services.
In the case of partial payment, the Customer has the right to indicate which services should be provided to him within the amount paid. 3.6. The Contractor has the right to unilaterally change the cost of services under this agreement. At the same time, the Contractor is obliged to notify the Customer of the upcoming change in the cost of services at least 30 days before their change.
Agreement for the provision of services for the organization of office work
For example, one option to conserve resources is not to hire a number of full-time specialists and delegate support functions to third parties. This transfer of cases to third-party specialists is called the now fashionable term "outsourcing". Outsourcing is widely used in many industrialized countries, as it can significantly save the resources of enterprises.
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Most often, the execution of such auxiliary functions of the enterprise as maintaining accounting, legal support, personnel office work. In our country, outsourcing services are just beginning to develop. At the same time, civil law provides enough tools for performing work for the benefit of any company by freelance specialists, and also regulates the relationship between the employer and the contractor that arises from outsourcing to a sufficient extent.
Sample contract for the provision of personnel services
Ensure the continuity of the Customer's personnel records management, regardless of the natural reasons for the absence of the specialist/s assigned to the Customer (vacation, sick leave, etc.); 2.1.5. Maintain confidentiality and prevent disclosure to third parties of information constituting the commercial and official secrets of the Customer, including personal data of the Customer's employees, which will become known in the course of the provision of the Services; 2.1.6. Timely issue invoices to the Customer for the Services rendered, as well as transfer other documents related to the provision of the Services.
2.2. The Customer undertakes: 2.2.1. Until the moment of signing this agreement, provide the Contractor with the opportunity to get acquainted with the status personnel document flow; 2.2.2. Provide the Contractor with accurate and timely information about movements in personnel(admission, relocation, dismissals, etc.). 2.2.3.
Contract for the provision of personnel services sample
Moscow "" 201_ OJSC "", hereinafter referred to as the "Customer", represented by Director General, acting on the basis of the Charter, on the one hand, and LLC "", hereinafter referred to as the "Contractor", represented by the General Director, acting on the basis of the Charter, on the other hand, have concluded this agreement (hereinafter referred to as the "Agreement") as follows: 1 SUBJECT OF THE AGREEMENT 1.1. This Agreement is concluded in order to optimize the functioning of the Customer by focusing his efforts on the conduct of core activities. 1.2. The subject of this Agreement is the transfer to the Contractor of the functions of the Customer for the organization of office work at the Customer's enterprise. The Contractor assumes the performance following functions transferred by the Customer: 1.2.1.
To reduce costs, some organizations are phasing out full-time employees who perform support functions, such as managing personnel affairs. However, it is impossible to completely abandon the performance of these functions, and therefore this work outsourced to third parties. Such a transfer is possible upon execution of an appropriate agreement with the executing company.
In this article, we will cover the following topics:
- personnel office work under the contract;
- drawing up a contract for the conduct of personnel records management;
- sample contracts for HR management.
HR records management under a service agreement
The management of any organization is always striving to reduce costs, using a variety of solutions for this. For example, one option to conserve resources is not to hire a number of full-time specialists and delegate support functions to third parties. This transfer of cases to third-party specialists is called the now fashionable term "outsourcing".
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Outsourcing is widely used in many industrialized countries, as it can significantly save the resources of enterprises. Most often, the execution of such auxiliary functions of the enterprise as accounting, legal support, personnel records management is given to the side.
In our country, outsourcing services are just beginning to develop. At the same time, civil law provides enough tools for performing work for the benefit of any company by freelance specialists, and also regulates the relationship between the employer and the contractor that arises from outsourcing to a sufficient extent.
If you decide to outsource the management of personnel records management, it is important to pay close attention to the correct drafting of the contract. The transfer of work for outsourcing can be formalized in two ways: with the help of a civil law contract (work contract) or with the help of a contract for the provision of services.
There are not so many differences between these types of contracts, but they still exist. One of the main differences is that the subject of a work contract is usually final result the work of the performer, and the contract for the provision of services implies the process of providing services, not always aimed at obtaining a specific result. Thus, if you are determined to conduct long-term HR administration by a third-party company, then in this case it is better to conclude a contract for the provision of services.
Drawing up a contract for the conduct of personnel records management
What should you pay attention to when drafting an employment contract? Regardless of which type of contract you choose, before concluding it, you need to issue an order to transfer the functions of maintaining personnel records management to a third-party organization.
In the contract itself, it is imperative to fix the responsibility of the organization providing the services for the mistakes made by its specialists. Without such insurance, it will be difficult for you to get the contractor to reimburse the amounts of possible penalties imposed on your organization by inspection bodies when such errors are identified.
Also, in order to avoid loss or damage to important documents, the transfer of personnel files to the contractor must be drawn up with acceptance certificates and accompanied by a detailed description of all transferred documents.
Since the responsibility for organizing work with work books, including their storage, rests with the employer, he must appoint a person responsible for performing these functions by order. This person does not have to be an employee of the company, but when appointing a representative of another organization as a responsible person, it is necessary to issue a power of attorney for him.
It is also the responsibility of the employer to protect the personal data of the employee. Their storage and use procedure is regulated by the local Regulation on the protection of personal data of an employee. When concluding an agreement for the conduct of personnel records management by a third-party organization, it is necessary to draw up an addendum to the specified provision, in which it is necessary to fix the possibility of processing personal data of employees by another organization. It will also be necessary to obtain the written consent of employees that another legal entity will work with their personal data.
Sample contracts for HR administration
Below you can find a sample contract for the conduct of personnel records management by a third-party company.
Such a power of attorney for an employee of legal entity "A" (provides services) can be issued by legal entity "B" (orders services). Jur. person "A" cannot issue a power of attorney for his employee.
The law does not establish a formal ban on the conduct work books, signing orders and other documentation on personnel by a person who is not an employee of the company. In order to avoid claims by regulatory authorities, it is recommended to fix in the company's charter provisions on the right of the general director to delegate relevant powers to persons who are not full-time employees on the basis of a power of attorney. At the same time, when involving persons who are not employees of the organization in personnel records management, compliance with the provisions federal law dated July 27, 2006 No. 152-FZ “On Personal Data”.
The procedure for representing the company in relations with third parties is regulated in detail by the provisions Civil Code Russian Federation on representation and assignment. Nor do these provisions prohibit a non-employee from representing the firm to third parties.
With a person to whom such powers have been delegated, we advise you to conclude an assignment agreement. By law, this agreement may be free of charge, but in order to avoid misunderstandings, this should be explicitly indicated in it.
Issuance of a simple (not notarized) power of attorney signed by the CEO and the seal of the company (if any) will be enough. A notarized power of attorney will be needed for transactions that require a notarized form, for filing applications for state registration rights or transactions or disposal registered in state registers rights.
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And only when we created the Center for Accounting and Tax Law "Consultant" in 2000 and assessed all the problems of labor law, the nuances of personnel records and the extent of administrative and criminal liability, we realized that specialized specialists should deal with this issue. Art. 5.27, Art. 5.28, art. 5.29, art. 5.30, art. 5.31, art. 5.32, Art. 5.34, Art. 5.40, Art. 5.42, art.
Polina Ernstovna Tutynina, Lawyer, Canada September 20, 2016 at 11:44 am
So, both parties have all the documents required by law. Now you can start documenting the transfer of HR functions.
Maxim Ivanovich Ulyanich, Lawyer, Kropotkin September 21, 2016 at 1:19 pm
1. Subject of the contract 1.1. The Contractor undertakes, on the instructions of the Customer, to provide services to the extent and on the terms provided for in this agreement and its annexes (maintenance of accounting, personnel and tax accounting, preparation of accounting, tax and other reporting, consulting services, etc.), and the Customer undertakes to pay for these services. 1.2. The Contractor monthly provides the Customer with an act of services rendered and a report on the work done no later than the 15th day of each month following the reporting one.
Clementina Alexandrovna Kostrachenkova, Lawyer, Omsk September 22, 2016 at 11:41 am
If your organization has decided on the conduct of personnel records management by an involved organization, you will face the problem of the correct execution of the contract. First of all, this is due to the fact that outsourcing does not legislative framework. A possible option for concluding an outsourcing agreement may be a civil law contract * (1) or a contract for the provision of services * (2).
If you need the executing company to organize the personnel records management of your company, and in the future you plan to manage it yourself, then you can conclude a contract.
Ksenia Borisovna Veshcheleva, Lawyer, Shushenskoye September 23, 2016 at 2:46 pm
Angela Daniilovna Ferova, Lawyer, Anbetsu September 24, 2016 at 1:34 pm
The “Accountant to Office” service is required for companies that, for one reason or another, cannot transfer source documents for processing to the office of Migkon Group LLC. In such cases, a person is allocated to the client from among his specialists - an incoming accountant who performs the functions of an accountant in the office at the time agreed with the client.
We organize the process in such a way that the quality of services is not affected in any way, and we carry out additional supervision of the client's company by our other specialists, through remote interaction.
Galina Yakubovna Evdosina, Lawyer, Nizhnekamsk September 25, 2016 at 1:44 pm
We suggest that you solve this problem and provide you with our services for maintaining personnel records for your company, for an amount that will be ten times lower than maintaining your own personnel department. BUKHprofi provides services for maintaining personnel records, as well as outsourcing personnel services, in the field of personnel services this procedure often referred to as HR outsourcing.
The cost of this service in our company ranges from 5,000 rubles to 10,000 rubles, depending on the selected service package.
Kira Yurievna Serkutieva, Lawyer, Kirovsk September 26, 2016 at 12:05 pm
Each of these events must be properly reflected in personnel records, and for this it is necessary to draw up documents and orders, draw up employment contracts. additional agreements, travel certificates, make entries in work books and personal cards, keep records of events in registration logs, etc.
AT small companies this function is often the responsibility of accounting staff or a general HR officer (human resources specialist) who handles both recruitment and personnel records; medium-sized companies usually have dedicated HR inspectors on staff, and large organizations for the implementation of personnel records, entire departments of specialists in personnel records management are created.
Sabina Antonovna Gabulaeva, Lawyer, Ozherelye September 27, 2016 at 1:40 pm
You will have to draw up documents and orders, draw up employment contracts, additional agreements, travel certificates, make entries in work books and personal cards, keep records of events in registration logs, etc. For this you need to know well labor law, since in the process of creating a particular personnel document, its specific features must be taken into account.
Vadim Antonovich Gonachenko, Lawyer, Bazarnye Mataki September 28, 2016 at 2:51 pm
The second option is becoming an increasingly popular business. Spring 2017 recruitment agency Unity conducted a survey of more than 300 Moscow and regional companies from 10 to over 1000 employees in various industries. It showed that the demand for outsourcing grew by 10% compared to the same period in 2015. The main advantage of outsourcing is that it is simply a civil relationship between two companies.
Yakov Leonidovich Derzyan, Lawyer, Kobrin September 29, 2016 at 1:52 pm
The management of any organization is always striving to reduce costs, using a variety of solutions for this. For example, one option to conserve resources is not to hire a number of full-time specialists and delegate support functions to third parties.
This transfer of cases to third-party specialists is called the now fashionable term "outsourcing". Outsourcing is widely used in many industrialized countries, as it can significantly save the resources of enterprises.
Clementina Danilovna Tyutyunkova, Lawyer, Vozrozhdenie September 30, 2016 at 12:55 pm
If you do not pay due attention to personnel records management and remember it only when meeting with employees of the labor state inspectorate and / or tax, you risk being brought before the law and punished, being guilty of violating the law. Article 5.27 of the Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses).
Violation of the legislation on labor and labor protection - entails "the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; on persons carrying out entrepreneurial activity without formation of a legal entity - from one thousand to five thousand rubles or an administrative suspension of activities for a period of up to ninety days; on the legal entities- from thirty thousand to fifty thousand rubles or an administrative suspension of activities for a period of up to ninety days.
Albina Fedorovna Himacheva, Lawyer, Kholmsk October 1, 2016 at 1:16 pm
2.1.2. Carry out requirements executive body the Customer, as well as persons authorized by him, on matters of maintaining personnel records, if such requirements do not contradict the legislation of the Russian Federation. 2.2.1. Provide the Contractor with a list of its representatives authorized to give mandatory instructions for the Contractor on maintaining personnel records, indicating their competence, certified by the signature of the executive body of the Customer and sealed with its seal.
Vera Grigoryevna Matsneva, Lawyer, Koshki October 2, 2016 at 1:37 pm
Preparation of employment contracts, work contracts, contracts for full liability and other contracts with employees - in accordance with the requirements of the law and your wishes; - staffing, orders reflecting labor function employees already working in the organization, job descriptions, personal personnel record sheet, personal T-2 card; 5.
Innokenty Radislavovich Nefedkin, Lawyer, Przemysl October 3, 2016 at 2:53 pm
Personnel management deals with personnel planning, implementation of new effective methods selection of potential candidates, issues of training and certification of employees, development of a motivation system, formation corporate culture. Do not miss the work with documents: registration of hiring, transfer, dismissal of an employee, drawing up documents on encouraging or disciplinary action, drawing up and implementing internal regulations administered by the personnel department.
