Artigos e Publicações

Legislative Bill on Labor Outsourcing

Legislative Bill on Labor Outsourcing

Publicado em 7 de janeiro de 2020

Dear Sirs,

On March 22nd, the House of Representatives approved a bill that changes the regulation of outsourcing in Brazil. In order to be enforceable, the bill still has to be sanctioned by the Brazilian President, who is likely to do so, as he is one of the major supporters of the proposal.

Besides the rules connected to companies commonly known as “service providers”, the project also has specific provisions related to temporary personnel. Temporary work was the only situation in which employees from outsourced companies were legally allowed to work, with direct subordination, in the contracting party’s core business.

Regarding temporary work, the main change is related to the term of the contracts, which is now increased to 180 days, extendable for an extra 90 days. These periods can be changed through collective agreements. In the previous legislation, the terms were shorter and less flexible.

However, the major change made by the bill is the possibility of outsourcing all the activities performed by the company, and not only the secondary activities.

It is important to stress that in order to avoid the employment relationship with the contracting party; the bill provides that the outsourced employees cannot be directly subordinated to the contracting party. It means that those employees must respond only and directly to the managers of the service provider and also be remunerated by the service provider.

The contracting party’s secondary liability regarding outsourced employees’ labor rights was maintained by the bill, as is the current practice. This means that it is important to have internal policies related to the outsourcing management, in order to minimize risks in the case of insolvency of the service providers.

The goal of this newsletter is to highlight the main aspects of this new legislation. However, Labor Courts will probably have strong debates about this issue and probably will decide to interpret the law in a restrictive way, as already happens with other labor laws (i.e., bank of hours), as well as create new jurisprudence to validate the terms and conditions established in the law.

ANDERSEN BALLÃO ADVOCACIA
Shana Carolina Colaço Vaz Bertol – shana.carolina@andersenballao.com.br

Matérias Relacionadas

Terceiro Setor busca recursos em projetos estruturados e de longo prazo para enfrentar crise da covid-19

Terceiro Setor busca recursos em projetos estruturados e de longo…

Dicas para organizações incluem a personalização na busca por apoiadores financeiros e fundos filantrópicos   Apesar da forte onda de solidariedade por conta da crise…

Leia mais
Nova lei moderniza recuperação de empresas em dificuldade

Nova lei moderniza recuperação de empresas em dificuldade

Lei nº 14.112/20 facilita a concessão de financiamentos, o parcelamento de dívidas tributárias e a negociação com credores para evitar a decretação de falência  …

Leia mais
ABA e Alltech: 25 anos de parceria e confiança

ABA e Alltech: 25 anos de parceria e confiança

Empresa americana aposta na expertise e vasto conhecimento dos profissionais da Andersen Ballão Advocacia em legislações internacionais e outras áreas do direito   No Brasil…

Leia mais