ANALYSIS OF THE REGULATORY AND LEGAL PROVISION OF THE MARKET OF EMPLOYEE RENTAL SERVICES BASED ON THE EXAMPLE OF OUTSTAFFING IN UKRAINE

Abstract

A problematic situation has been identified, in which the provision of the Law of Ukraine "On Employment of the Population" on the obligation to obtain a permit for hiring employees to another employer is fixed at the level of law, and the order establishing the procedure for issuing such a permit has not entered into force. The purpose of the article is to study the peculiarities of the regulatory and legal support of the market of services for leasing workers using the example of outstaffing in Ukraine. During the scientific research, methods of synthesis and analysis were used (when studying the essence of hiring (leasing) employees, as well as outstaffing); systematicity (when determining the interrelationship of laws of Ukraine regarding the hiring of workers for their further work in Ukraine for other employers); logical and structural (to determine directions for improvement of the regulatory and legal framework); synthesis (to determine an effective toolkit for ensuring the market of services for leasing workers on the example of outstaffing in Ukraine, taking into account the experience of the EU). Therefore, obtaining permission to hire workers for their further work in Ukraine for other employers is possible only after making appropriate changes to the Law of Ukraine "On the list of documents of a permissive nature in the field of economic activity" dated May 19, 2011 No. 3392-VI. It has been proven that activities under outstaffing contracts with foreign partners can be considered legal, but not regulated in Ukraine. Yes, neither in the Law of Ukraine "On Employment of the Population" No. 5067-IX of 07/05/2012, nor in the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Formation of State Policy in the Field of Labor, Labor Relations, Employment of the Population and Labor migration" No. 341-IX dated 05.12.2019, the "outstaffing" approach is not used to organize the work of a worker abroad, and registration of this form of business in the Ministry of Social Policy is required only on the territory of Ukraine. Despite the fact that Ukraine is a member of the International Labor Organization, the ILO Convention No. 181 of June 19, 1997 has not yet been ratified by the Ukrainian Parliament. "About private employment agencies", in which the principle of outstaffing for international business is formulated.