Aspectos relevantes da terceirização: Responsabilidade da empresa tomadora de serviços por encargos trabalhistas

Abstract

Outsourcing is being used increasingly in the private and public sector, with no specific law governing this type of hiring of labor. In the following article is grounded in works dealing with the issue, other articles, from which we sought to demonstrate the legal development of outsourced services, to provide for the various understandings about the concept of outsourcing, support activities and weekend activities, and elucidate the labor responsibility and the advantages and disadvantages of outsourcing contracts. Throughout this text remains clear that outsourcing is no longer used as mere hiring of labor, as some scholars tended to call it and that became a competitive instrument on the market, covering both support activities as activities contractor-end. With regard to labor responsibility in these contracts, we reached the conclusion that solidarity is defended by a minority, and the subsidiary liability that has been adopted and taken as the medium-term for such issues, starting from the assumption that no it is an illegal outsourcing, aimed at cost reduction by casualization of labor, as in this case, set personhood and subordination, characteristic of the employment contract, it forms the employment, except under public administration. What has ruled and guided the use of outsourcing is the Precedent 331 of the TST, which no longer covers the current social and economic context, making it necessary to regulate the matter. This monograph was completed in the contemporary period the completion of the vote in the “Câmara dos Deputados” on amendment of Law Project 4.330 / 04 which provides that companies outsource all its services, including core business. The outsourcing project will go to the Senate, where you can have changes.