Subject to intense debate, the Bill that aims to regulate outsourcing services (Bill 4330/04) was approved by the Chamber of Deputies in April 2015.
Now we face a new stage, which effectively began on 05/19/15 through a thematic session in the Federal Senate, where the bill will be processed, now under the number PLC 30/15.
The Bill approved by the Chamber of Deputies provides for the possibility of the contracting company outsourcing the execution of any part of its activities. In effect, the text removes restrictions on the type of activity that could be outsourced. In other words, core activities can now be outsourced.
Today, as we know, there is no governing law; however, the Superior Labor Court (TST), established its position in 1994 through Case Law Summary (Súmula) 331 that outsourcing would only be permitted for so-called non-core activities.
Lifting the restriction on outsourcing creates greater legal certainty and freedom for companies, considering that today the distinction between core and non-core activities is subjective, leading to conflicting interpretations within organizations as well as across the Labor Courts, Labor Public Prosecutor's Office, and Ministry of Labor Auditors. A survey conducted by the CNI in 2014 indicates that 59.9% of industrial businesses view this legal uncertainty as the primary challenge regarding outsourcing practices.
It is important, however, for companies to address this topic with extensive planning and accountability, taking into account the other restrictions set forth by law.
For more information on the subject, click here or contact the Level Group team by phone at +55 (11) 3262-4094, or send your questions to contato@levelgroup.com.br
