The current Labour Code of Ukraine, as well as the CIS labour legislation in whole, doesn't allow entering labour contracts by the following three parties: an employer, an employee and an outstaffing company. Neither it contains definition of the employee leasing nor of the labour leasing, nor of the staff leasing. Necessary prerequisites for the outstaffing in Ukraine can be created by the Ukrainian Parliament ratification of the Convention of the International Labour Organization on Private Employment Agencies (C181 Private Employment Agencies Convention, 1997) and the Recommendation (R188 Private Employment Agencies Recommendation, 1997), which regulate the activities of private labour leasing agencies and allow labour leasing.
Kravchenko Aleksey,
Managing partner of Law firm «PROFIT-CONSUL»
Categories: Trudovoe pravo