Should Your Company Break up with Human Resources?

Olivia Rhye
11 Jan 2022
5 min read

In today's competitive business landscape, companies are increasingly outsourcing their HR functions to streamline operations and boost efficiency. Partnering with a Professional Employer Organization (PEO) or HR outsourcing provider allows businesses to offload administrative tasks like payroll, benefits administration, and compliance management. This not only reduces costs but also provides access to specialized expertise and advanced HR technology. As a result, companies can focus on core activities, drive growth, and improve employee satisfaction while ensuring compliance with evolving labor laws, making HR outsourcing a strategic choice for long-term success.

When to Outsource HR

Company Headcount Size:

  • Small to Medium-Sized Enterprises (SMEs): Typically, companies with fewer than 100 employees may find it beneficial to outsource HR functions. This allows them to focus on core business activities while ensuring compliance with employment laws and regulations.
  • Large Enterprises: Companies with more than 100 employees might have the resources to maintain an in-house HR department. However, they may still choose to outsource specific HR functions such as payroll, benefits administration, or recruitment to specialized firms.

Pros of Outsourcing HR

  • Cost Savings: Outsourcing can reduce the costs associated with hiring, training, and maintaining an in-house HR team.
  • Expertise and Compliance: HR outsourcing firms are often well-versed in employment laws and regulations, reducing the risk of non-compliance.
  • Focus on Core Business: By outsourcing HR functions, companies can concentrate on their primary business activities and strategic goals.
  • Scalability: Outsourcing provides flexibility to scale HR services up or down based on the company's needs.

Cons of Outsourcing HR

  • Loss of Control: Companies may have less direct control over HR processes and policies.
  • Quality of Service: The quality of service can vary depending on the HR outsourcing provider.
  • Confidentiality Risks: Sharing sensitive employee information with a third party can pose confidentiality risks.
  • Employee Morale: Employees may feel disconnected or less valued if HR functions are managed externally.

Legal Considerations and Laws

  • Employment Laws: Companies must ensure that the HR outsourcing provider complies with all relevant employment laws, including wage and hour laws, anti-discrimination laws, and health and safety regulations.
  • Data Protection: Compliance with data protection laws, such as the General Data Protection Regulation (GDPR) in the EU or the California Consumer Privacy Act (CCPA) in the US, is crucial when handling employee data.
  • Contractual Obligations: Clear contracts outlining the responsibilities and liabilities of both parties are essential. This includes service level agreements (SLAs) and confidentiality clauses.

Shifting Employment Legal Liability

  • Liability Transfer: When a company outsources HR functions, the legal liability for compliance with employment laws can shift to the HR outsourcing provider. However, the extent of this shift depends on the contractual agreement between the company and the provider.
  • Joint Liability: In some cases, both the company and the HR outsourcing provider may be held jointly liable for any legal violations. It is important to clearly define the scope of responsibilities in the contract.
  • Indemnification Clauses: Contracts should include indemnification clauses to protect the company from legal claims arising from the HR provider's actions or omissions.

Top Professional Employer Organizations (PEOs)

Professional Employer Organizations (PEOs) provide comprehensive HR solutions for small and medium-sized businesses. They handle various HR tasks such as payroll, benefits, compliance, and risk management, allowing businesses to focus on their core operations.

  • ADP TotalSource is a comprehensive Professional Employer Organization (PEO) solution designed to help businesses manage their HR, payroll, benefits, and compliance needs. By partnering with ADP TotalSource, businesses can access Fortune 500-caliber benefits and dedicated support, allowing them to focus on their core operations.
  • Insperity is a leading Professional Employer Organization (PEO) that provides comprehensive HR solutions to small and medium sized businesses. Their services include payroll processing, benefits administration, HR management, compliance support, and risk management. By partnering with Insperity, businesses can access Fortune 500 caliber benefits, streamline their HR processes, and ensure compliance with local, state, and federal labor laws. Insperity's user friendly platform and dedicated support team help businesses focus on their core operations while effectively managing their workforce needs.
  • TriNet is a prominent Professional Employer Organization (PEO) that offers a wide range of HR solutions tailored to small and medium sized businesses. Their services encompass payroll processing, benefits administration, risk management, compliance support, and strategic HR consulting. By leveraging TriNet's expertise, businesses can provide competitive benefits, ensure regulatory compliance, and streamline HR operations. TriNet's comprehensive platform and dedicated support team enable companies to focus on their core business activities while effectively managing their human resources needs.
  • Paychex is a leading provider of integrated human capital management solutions for payroll, HR, retirement, and insurance services. Catering primarily to small and medium sized businesses, Paychex offers a comprehensive suite of services that include payroll processing, tax administration, employee benefits, HR outsourcing, and compliance solutions. By utilizing Paychex's advanced technology and expert support, businesses can streamline their HR operations, ensure regulatory compliance, and enhance employee satisfaction. Paychex's robust platform and personalized service enable companies to focus on their core business objectives while efficiently managing their workforce needs.
  • Emplova is a comprehensive Human Resources (HR) and Payroll service provider that focuses on delivering efficient and effective solutions for businesses of all sizes. The company aims to streamline HR processes, ensuring compliance with local labor laws and regulations, and providing a seamless experience for both employers and employees.

These PEOs are known for their comprehensive services, user-friendly platforms, and commitment to compliance, making them top choices for businesses looking to outsource their HR functions.

Conclusion

Outsourcing HR can offer significant benefits, especially for small to medium-sized companies, by providing cost savings, expertise, and allowing a focus on core business activities. However, it also comes with potential downsides such as loss of control and confidentiality risks. Legal considerations are paramount, and companies must ensure compliance with employment laws and data protection regulations. Clear contractual agreements are essential to define responsibilities and liabilities, and to protect the company from potential legal issues.