Frequently Asked Question

Can companies outsource core or permanent functions?

2 min read BestCare Manpower Services Nairobi, Kenya
Answer

This is one of the most strategically significant questions in the outsourcing space, and the answer is nuanced. Technically, the scope of what a company can outsource is broad — but whether outsourcing core or permanent functions is advisable, legally straightforward, or practically effective is a more complex question. At Bestcare Manpower Services, we help clients think through this carefully.

A core function is a business activity that is central to the company’s competitive advantage and value creation — the thing the business fundamentally exists to do. For a hospital, clinical care is a core function. For a technology company, software development may be core. For a logistics firm, distribution is core. Non-core functions are supportive but not central: cleaning, security, catering, payroll administration, and so on.

Outsourcing non-core functions is the most straightforward application of labour outsourcing and is almost universally accepted as appropriate. Outsourcing cleaning, security, catering, or administrative support allows the business to focus its own resources on what it does best. The risks are manageable, the benefits are clear, and the legal position is generally uncomplicated.

Outsourcing core functions is more complex. While there is typically no blanket legal prohibition, doing so raises questions about strategic risk, quality control, intellectual property, and, in some jurisdictions, about the genuine nature of the employment relationship. If a manufacturing company outsources all of its production workers — the people who actually make the product — is it truly outsourcing, or is it creating a structure that blurs the lines of employment?

Some countries regulate or restrict outsourcing of core functions, particularly where it is perceived as a mechanism for avoiding permanent employment obligations. Labour inspectorates and courts increasingly examine the economic reality of arrangements where ostensibly outsourced workers are integral, permanent, and exclusive — and may re-characterise such arrangements as direct employment.

Bestcare recommends that clients approach core-function outsourcing with careful legal advice and a genuinely collaborative partnership model. Where outsourcing a core function makes business sense — for example, deploying specialist healthcare staff through Bestcare to deliver clinical services — the arrangement must be structured properly: with genuine workforce flexibility, appropriate service standards, and clear legal boundaries. We are experienced in designing such arrangements and welcome the conversation.