The changes in outsourcing will be applied in contracts signed after the validation of the Labor Reform.
The new rules for the outsourcing of services approved by the Labor Reform still create uncertainties for employees and employers. But what are the changes resulting from the new law?
Approved in the Senate plenary, the Labor Reform entered into force in November of 2017 and amended several articles of the Consolidation of Labor Laws in order to adapt the legislation to the new labor relations, among them the outsourcing of services.
It is worth remembering that the Law of Outsourcing was approved in March, before the Reformation. Thus, the altered points in the labor reform were only to complement the new law.
Outsourcing after the Labor Reform
The law stipulated that outsourcing "is the transfer made by the contractor of the execution of any of its activities, including its main activity, to the legal entity of private law, provider of services that has economic capacity compatible with its execution." (4-A of 6.019 / 1974, with wording given by Law 13.467 / 2017).
For the lawyer Cecília Teixeira de Carvalho, specialist in labor issues from office Bobrow Teixeira de Carvalho Lawyers, the new law extended and regulated the possibility of outsourcing to any activity carried out in the companies, including the organization's main or final activity.
However outsourcing is not a carte blanche for any type of hiring, since the law establishes protective measures for workers, such as a quarantine to prevent the company from dismissing the actual employee to rehire him as outsourced.
Using the quarantine rule, the company can not contract as a service provider a company that has as partner or employee a person who has been its employee in the last 18 months. In practice, this is a way to ensure that companies do not force their employees to become legal entities to hire them as a company and not to comply with labor obligations.
The text also provides that the outsourced employee must have the same working conditions of the effective employees, such as: food, safety, transportation, training and safety equipment. The rule does not apply to benefits such as food or health insurance, which may be different and are agreed with each employer.
According to the lawyer, this is a breakthrough in the law, because before there were no rules for benefits offered to employees. It was up to the employers to decide what benefits the company would offer. "The law guaranteed equal pay and benefits, now it ensures that all outsourced employees have the same rights as those who work CLT," comments Cecilia.
Changes also for the contracting of service providers
However, the changes are not just related to employees. The new outsourcing law created rules for hiring a service provider. Second § 3o, of Art 6 °, owns social capital of at least R $ 100.000,00 are requirements for the operation and registration of the company of temporary work in the Ministry of Labor. "This new requirement tends to ensure a more transparent and secure relationship for companies and service providers, since it was common for companies to file bankruptcy, thereby causing damage to contractors. Through this new rule companies will have more security when hiring providers, "reports Cecilia.
Cecília points out that laws are being created and revised to accompany a more flexible labor market with the advancement of technology and new business models. "The changes in the law are important to accompany the market, it is no use having a modern market, but no laws that guarantee the rights of workers. For employers this is also important, new technologies such as point controls and management tools have emerged to help the day-to-day, it is up to organizations to adapt to the changes in the new market, "says the lawyer.