House approves project that allows outsourcing of the company's core activity
The Chamber of Deputies concluded on Wednesday (22) the vote on the bill for outsourcing (PL 4330/04). An amendment was approved in Plenary that allows the outsourcing of core activities of companies in the private sector to be outsourced and that changed several points of the basic text of the proposal. The text will go to the Senate.
The amendment, authored by PMDB and Solidariedade, was approved by 230 votes to 203. The text does not use the terms activity-end or activity-means, but allows outsourcing of any sector of a company.
Signed by the project's rapporteur, deputy Arthur Oliveira Maia (SD-BA), and by the PMDB leader, deputy Leonardo Picciani (RJ), the amendment also expanded the types of companies that can act as outsourced workers, opening up the offer to associations, foundations and individual companies (of one person). The individual rural producer and the liberal professional may appear as a contractor.
Another change in relation to the base text is the reduction, from 24 to 12 months, of the quarantine period that former employees of the contractor must comply with in order to be able to sign a contract with them if they are owners or partners of an outsourcing company. Retirees will not be required to meet deadlines. Quarantine seeks to avoid hiring former employees through individual companies.
Subcontracting by the contractor (“quarteirização”) can only occur when it comes to specialized technical services.
Jobs or insecurity
The PDT leader, Deputy André Figueiredo (CE), criticized the proposal. “They want to transform workers in PJ [legal entity]. The original project spoke in 24 months and is now in 12. It will make it easier to circumvent the legitimate outsourcing project, ”he said.
For the rapporteur, Arthur Oliveira Maia, the project was debated for a long time. He stressed that the differentiation between activity-environment and activity-end was created by the Superior Labor Court (TST). "This differentiation only exists in Brazil and was not created by this House, which has the function of legislating", he criticized.
The outsourcing of the core activity is condemned by the union leaders with the argument that it will weaken the workers' organization and, consequently, their negotiation strength with the companies. Entrepreneurs, on the other hand, argue that this contracting system will bring more agility and cost reduction for the contractor, with effects on the economy.
To access the full proposal: 4330 PL / 2004
Source: Agência Câmara de Notícias (22/04)
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