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Explainer

Outstaffing, outsourcing and recruitment: what is the difference

The three arrangements differ not in name but in who employs the worker and what you are paying for. Here they are side by side, with a simple test for choosing.

Recruitment, outstaffing and outsourcing are used almost interchangeably in the staffing market, and companies regularly end up buying the wrong one. The difference is not marketing: it is about who employs the worker, who assigns their tasks and what exactly you are paying for.

Three arrangements in one table

ParameterRecruitmentOutstaffingOutsourcing
Who is the employerYouThe providerThe contractor
Who assigns tasksYouYouThe contractor
What you pay forA worker who startedA man-monthCompleted volume
Consumes your permitted shareYesNoNo
HR records and reportingYoursThe provider’sThe contractor’s
Immigration liabilityYoursThe provider’sThe contractor’s
Flexibility on headcountLowHighHigh
Legal basisLabour Code, general rulesCh. 53.1 Labour CodeCivil Code, works or services contract

Which is cheaper when

Recruitment wins with an even load and an unused permitted share: you pay no intermediary margin and the worker is entirely yours. Over a full year it is the cheapest option if you genuinely need the people all year.

Outstaffing wins in two cases: when the share is used up and you simply cannot put people on payroll, and when headcount swings. You pay for a period rather than a permanent position, and replacement, sourcing and reporting sit with the provider.

Outsourcing wins when a scope of work can be separated and measured: loading, cleaning, picking, ancillary work. You stop paying for people being present and start paying for output.

A simple test for choosing. If you can measure the scope in tonnes, metres or pallets — take outsourcing. If you cannot, but you need hands inside your own process and the share is used up — outstaffing. If the share is free and the load is even — recruitment onto your payroll.

What the law says

Agency labour has been prohibited in Russia since 1 January 2016 by Article 56.1 of the Labour Code. What the market still calls outstaffing is legally the provision of workers (personnel) and is governed by Chapter 53.1. Only a private employment agency accredited by Rostrud may enter into such contracts, and accreditation requires share capital of at least 1 million roubles, no tax arrears and a qualified director.

The practical implication for a client: check the provider’s accreditation in the public register before signing. Without it the contract risks recharacterisation and the workers being treated as yours, with all the consequences for your permitted share and immigration liability.

Three expensive mistakes

First: calling outstaffing "outsourcing" in the contract while still paying per man-hour. Inspectors look at substance, not labels. If payment follows people rather than measurable output, the contract reads as provision of personnel — and requires accreditation.

Second: outsourcing a scope but managing the contractor’s people directly. If the crew reports to your supervisor and works your shift pattern, the relationship gets recharacterised as employment.

Third: not recalculating the permitted share after the 2026 cut. Construction is 50%, not the old 80%. Companies still working to the old figure find out on inspection: the fine under Part 1 of Article 18.17 is 800,000 to 1,000,000 roubles, or suspension of operations for up to 90 days.

If you are not sure which arrangement is yours, send us your activity code, region and headcount. We will calculate the limit and tell you which option is cheaper in your case.

See also

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