11 - Outsourcing
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Outsourcing emerged in Brazil more than two decades ago. Although it is not new, it only became legally regulated in 2017. Before having its own law, TST summary 331 was applied. The first law to address the subject was Law No. 13,429/2017, which was later modified by the labor reform. Both included and modified provisions of Law No. 6,019/74 (temporary work). Outsourcing is a trilateral work modality, in which the company that receives the services hires a service provider, which provides an employee to provide services for the benefit of the receiving company. Thus, the parties to the outsourcing are: service recipient or contracting company; service provider or contracted company; outsourced employee. The labor reform expressly permitted the outsourcing of the core activity. Therefore, it is possible to outsource the company's main activity. The service recipient will be subsidiarily liable for all labor debts. However, if fraud in outsourcing is proven, the contracting company will be jointly and severally liable for the entire debt. Fraud in outsourcing is configured when there is a personal relationship or subordination between the outsourced company and the contracting company. Or if the contracted company does not have the economic capacity. The parties are allowed to establish an equitable salary between the outsourced workers and the employees of the company receiving the services. _________________________ Follow us on social media Instagram: @marinamarquesprof - / marinamarqu... Facebook: Marina Marques Linkenin: Marina Quaglio Marques E-mail: [email protected]
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