Usage of Labour of Employees under the Agreement on Provision of Work of Personnel: International and National Legal Regulation

In 2014, the Labour Code was amended to regulate the agreement on provision of personnel and to prohibit contingent labour. In practice, the volume of this type of employment is expanding. According to Rostrud more than one thousand four hundred accredited private employment agencies were registered in four years. In this regard, it seems necessary to investigate the established regulatory framework for the sufficiency of providing employees with the appropriate level of protection. The object of the research is social relations concerning the issues of ensuring labour rights to employees assigned under the agreement on provision of personnel. The subject of the research will be determined as the rules of international law and national legislation governing this area. The general purpose is to analyze the existing legislation and to try to develop proposals for improving the assigned employees’ working conditions. For its accomplishment, the following objectives are set: to analyze the background of the emergence and development of relations for the provision of labour by private employment agencies; to examine provisions of international acts on this topic; to reveal differences in the legal structure of the agreement on provision of personnel from similar legal relations; to identify the legal nature of that agreement; to assess the level of protection of the labour rights of the assigned employees established by the current legislation of the Russian Federation; to determine possible ways of modification of mechanisms for ensuring the appropriate protection. This paper consists of a table of contents, introduction, two chapters, conclusion and references. The first chapter questions the theoretical basis of legal regulation of assigned employees’ labour such as historical background and the analysis of the main differences from analogous legal relationships. The second chapter is concentrated on the examination of the current national legislation and proposals for its improvement. According to the results of the research, the author suggests possible ways to modify the labour regulation of the assigned employees. In particular, it is proposed to eliminate the shortcomings of the current legislation on the issues of ensuring wages during downtime, protection of labour rights in case of withdrawal of private employment agencies’ accreditation, as well as for the period of sending them to harmful or dangerous working conditions.