Law 13,429/2017, known as the Outsourcing Law, brought significant changes in labor relations in Brazil, allowing the outsourcing of activities-end of companies, something that was previously restricted by labor legislation and jurisprudence.
Prior to the enactment of Law no. 13,429/2017, outsourcing was allowed only for middle activities, that is, those that did not constitute the main purpose of the company. For example, a technology company could outsource cleaning or security services, but could not outsource software development, which is its core activity. The new legislation changed this scenario by allowing companies to outsource any activity, including the end activities.
Another significant change was the contractor's subsidiary liability in relation to labor and social security obligations. Although the contracting company is not directly responsible, it can be triggered if the outsourced company does not comply with its labor obligations.
The Outsourcing Law has brought significant advantages to companies:
- Cost Reduction: Outsourcing can enable a reduction in operating costs, as third-party companies can offer specialized services more efficiently and at lower costs.
- Operational Flexibility: With the possibility of outsourcing any activity, companies gain greater flexibility to adjust to market demands, hiring services according to need without the obligation to maintain a permanent workforce.
- Focus on Main Activity: By outsourcing non-core activities, companies can focus their resources and efforts on the core activity, increasing efficiency and competitiveness.
The Outsourcing Law (Law no. 13,429/2017) has brought profound changes in labor relations in Brazil, generating both opportunities and challenges. The new legislation offers greater flexibility and reduced operating costs. The balance between the interests of companies and employees is fundamental for outsourcing to contribute positively to the economic and social development of the country. Appropriate supervision and regulation are essential to ensure that workers' rights are respected and that economic benefits are achieved in a fair and sustainable manner.
