Terceirização - Reflexo do enunciado 331 do TST no direito material / Outsourcing

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

SUMMARY This paper presents a study about the kind of service rendered by those who act between the employer and the provider of services, called outsourcing, reflecting the text of Statement 331 of the Superior Court of Labor [Tribunal Superior do Trabalho] on the Labor Law Rules [Direito Material do Trabalho], describing its characteristics, methods of hiring and supervising and the future of this institution in the country. Initially we offer a short report on the history of the origin of hiring services in the United States and in Brazil, moving on to the outsourcing patterns in Argentina and Mexico nowadays, comparing foreign legislation. We depict the evolution of case law, the transformation of the rule in an attempt to adapt to legislation and to the needs of the globalized world. We detail the items of the Statement 331 of the Superior Court of Labor and the polemic features of outsourced services, presenting ways of hiring services through legislation made flexible as well as its importance for Brazils economic and social growth. We finally address the view of the Superior Court of Labor on outsourcing and its process of regulation, addressing Bill nr 4330 of 2004, stressing its relevant aspects and its relation to current practice.

ASSUNTO(S)

terceirização enunciado 331 statement 331 contratação de prestação de serviço direito do trabalho outsourcing service rendered direito do trabalho

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