Law No. 4330/04 that regulates the outsourcing of public and private services in Brazil, approved last Wednesday (22) by the National Congress, is seen with mistrust and even repudiation by the workers, but for the House of Shopkeepers (CDL) and The Commercial Association of Campina Grande (ACCG) The proposal frees companies from the bonds of labor bureaucracy. With this, the entrepreneur is free to focus on productivity, besides reducing administrative costs, makes the company more profitable and with more possibility of new hires.
Contrary to what many think, the law will provide extra protection to the worker, because in the event of breach of labor obligations by the service provider, the company is immediately responsible. It will also bring a number of benefits to entrepreneurs. The legal uncertainty caused by the absence of a regulatory framework for outsourcing is the main cause of the high turnover rate of workers in the trade sector, for example.
The entities emphasize that, with the approval of the project, the outsourced worker will have the same rights as a CLT and benefits agreed by means of collective agreement of each category. The remuneration will coincide with the degree of specialization of the worker and the function occupied by him, being in some cases even higher than the amount paid to the direct employees of the contracting company. In addition, the project regulates that the outsourced companies are responsible for paying the labor and social security charges.
National data show that there are currently almost 1 million service providers, which generate about 15 million of formal jobs. However, the lack of regulation brings risks to companies, because the Superior Court of Labor allows outsourcing only in activities means and not in activities purposes.
In general, we understand that outsourcing is a global reality and a strategic part for the productive organization of modern economies. In this way, the entities congratulate the courageous and visionary attitude of the Paraíba deputies who have positioned themselves in favor of the approval of the law and the new Labor conjuncture of the country.
The law takes effect after the Samson of President Michel Temer and publication in the Official Gazette.