Da terceirização do trabalho

imputação de responsabilidade ao Estado diante do inadimplemento das obrigações trabalhistas

Abstract

Outsourcing, as a result of social transformations of the twentieth century, came up with the scope to increase the competitiveness of enterprises with cost reduction, with a view to indirect execution of contracted services, producing a split of legal subordination in direct and indirect. it is therefore a new kind of working relationship, distinct from the classical employment relationship governed by the rules cLT, with its own characteristics and effects. Given the absence of specific legislation applicable to the phenomenon of outsourcing, it fell to labor law, after gradual and comprehensive hermeneutics on the subject, set limits and ranges of the effects of their use. This is because outsourcing can not be used as mere intermediation of labor as a means of relaxation of labor standards, in violation of the constitutional rights of the worker. Thus, when presented with the default of the labor obligations by the company providing the services, will result in the allocation of responsibility for payment of services to the borrowing firm, benefiting from the work performed. However, Public administration, when the borrower of outsourced services, subjected to specific rules, including obedience to the Principle of Legality and the requirement to tender for the provision of services to the state. Finally, given the existence of these characteristics apply to public entities, with the objective of removing understandings differ on the extent of their liability, the supreme court to uphold the adc No. 16, changing the understanding of TsT, rejected the imputation of liability subsidiary aims Public administration taker of outsourced services, stating that it is a subjective form of subsidiary liability, depending on the analysis of facts and evidence gathered in the file.