Loan Work, Outsourcing, Outstaffing

D.A. Sokolova Loan Work, Outsourcing, Outstaffing The purpose of this paper is to consider in detail such phenomena as loan work, outsourcing and outstaffing, to study of the legal regulation of these relations in Russia and to identify the discrepancy between legal regulation and the practice of the loan work in Russia and to propose some ways of improving the legal regulation of these phenomena, contributing to the achievement of balance of interests of all parties of these legal relations. To achieve the goal of the research, the following tasks will be completed: to give the definition of the loan work, to identify the essence of this phenomenon; to study the dynamics of the phenomenon in Russia and its legal regulation at the present stage; to provide a comparative analysis of various analogues of the loan work; to identify the opportunities to improve the legal regulation. On the basis of the analysis, the following conclusions are formulated: loan work is a tripartite relationship in which the employee, on the order of his legal employer, performs his labor function in the interests, under the management and control of an another individual or a legal entity; currently, the allowed counterparts of loan work are outsourcing and temporary provision of labor to employees, outstaffing is now banned; the legal regulation of mechanisms analogous to loan work has some «gray areas», the elimination of which will harmonize the interests of all parties to these relations. Academic Supervisor: Olga Ivanovna Karpenko, Candidate of Sciences (National Research University «The Higher School of Economics»), Associate Professor, Deputy Dean for Work Placements and Extracurricular Work, Faculty of Law, National Research University «The Higher School of Economics», Deputy Head of the Department of Labor Law and Social Welfare Law.