Protecting the Outsourcing of Employment Relationships: Important Formal Care in Practice

In an increasingly competitive market, outsourcing services is a common practice, including due to the specialization in the provision of services. However, it can result in risks, requiring extra attention from business owners to ensure legal certainty and avoid the recognition of an employment relationship between outsourced workers and the contracting company. 
 
In the article "Shielding the Outsourcing of Employment Relationships: Formal Precautions," our associates Otto Dmitry Garkauskas Hernandes and Victor Zampolo highlight, with a practical approach, the main formal precautions that the contracting company must adopt to better protect itself from labor and financial liabilities that can very well be avoided.
 
Some precautions covered in the article are:
– Strict verification of the legal requirements of Law 6,019/1974;
– Detailed analysis of the provider company’s documentation;
– Requirement for negative labor and social security certificates;
– Inclusion of contractual clauses that assign responsibilities to the provider;
– Insertion of express clauses prohibiting the allocation of former employees dismissed in the last 18 months;
– Obligation of the contractor to formally declare the situation of the seconded employees;
– Prior due diligence and continuous monitoring throughout the term of the contract, with regular proof of salary, FGTS and INSS payments.