Companies in the UK residents market have always been outsource some activities to reduce costs, optimize time and raise the quality of specific services. With the Labor Reform In 2017, this practice was regulated and its rules were relaxed, opening new possibilities for employers and workers.
But what are the contractor’s obligations to third parties? This is a very common question, due to the nature of this relationship. After all, although there is no employment relationship, outsourced workers are part of the company’s daily routine, attending the same facilities and having direct contact with the organization’s employees.
With this in mind, we have listed in this article the main obligations of the contractor with third parties. Want to know more? Stay with us!
What is outsourcing?
Outsourcing is the act of one company hiring another to provide specific services. As a result, it is common for professionals linked to the contracted company to become part of the contractor’s day-to-day activities, being commonly called outsourced employees.
Despite this, there is no employment relationship between the contracting company and the outsourced professional. The service provider must comply with labor obligations, such as the hiring process and the payment of wages. Later on, we will go into detail about the contractor’s obligations to third parties.
What does the law say about outsourcing services?
To understand the current law with regard to outsourcing, it is necessary to understand the concepts of activity-end and activity-environment.
End activity it is one whose routine is directly related to the company’s area of operation. In other words, they are the essential tasks for the business to exist.
The services provided by lawyers, for example, are the core activity of a law firm. Likewise, the tasks performed by reporters and copywriters are part of the core activities of a newspaper or news site.
Activity-medium it is one that, despite being important for the functioning of the company, has no direct impact on the final product of the business. Cleaning, security and courier services are some examples of this type of activity in most organizations.
And what does this have to do with the law on outsourcing? It turns out that, before the Labor Reform, the Superior Labor Court (TST) considered outsourcing services for core activities to be illegal. The practice could only be carried out for hiring middle activities, that is, tasks to support the main segment of the company.
After the Reformation, there was a general easing of labor relations, and outsourcing was no different. From it, all types of labor, be they end activities or means, started to have their outsourcing authorized.
>> Want to know more about the changes in Labor Reform? Check out this other blog post: Labor rights: what has changed with the new reform? <
What are the contractor’s obligations to third parties?
Although there is no employment relationship, there are some obligations of the contractor with third parties. If they are not met, the company may suffer punishments and fines provided by law. Check out the details below.
Assume subsidiary responsibility
THE subsidiary liability it is one of the old obligations of the contractor with third parties that continue to apply under the new law.
This means that, in case the outsourced company is unable to fulfill its labor obligations, the contractor is sued by the Justice to assume responsibility.
There are two legal logics for this to happen:
- error in choosing: when the contractor is not careful in choosing the service provider, hiring a company unable to fulfill its labor obligations;
- lack of supervision: when the contractor does not fulfill its role of monitoring the fulfillment of labor obligations by the service provider.
So, before hiring a service provider, do a search on the reputation of the company. Use social networks, sites like Reclame Aqui and, if possible, ask for referrals to friends and colleagues. This way, you guarantee the hiring of a reliable company and avoid unexpected losses.
Ensuring hygiene, safety and health
Ensure hygiene, safety and health equal to those of own employees is one of the contractor’s main obligations to third parties. These conditions must be mentioned and detailed in the service provision contract.
If the company has a cafeteria, the food it must also be offered without distinction between employees and contractors. The same goes for transport, medical and ambulatory.
Already benefits as meal vouchers do not qualify for these guarantees, and must be agreed directly between the service provider and its professionals.
Respect vacations and rest
While the service provider must guarantee the labor rights of its employees, the contracted company has the role of respecting them.
Therefore, it is expressly forbidden to interfere in the period of vacation, breaks and rest days for outsourced workers. These decisions are only up to the professional and the company with which he is linked.
Respect the defined activities
The contractor may not, under any circumstances, activate the outsourcer for activities other than those agreed with the service provider. These tasks must be well defined and listed in the contract.
In case it is necessary to have other services besides the initial ones, the most indicated is include additives or even elaborate a new contract, as the misuse of outsourced functions can lead to legal problems in the future.
What are the obligations of the outsourced company?
In addition to the contractor’s obligations to outsourced workers, it is also important to observe the outsourced company’s duties with its employees. Find out more below.
The payment of outsourced workers is the obligation of the service provider, which employs them directly. Thus, it is she who must deposit monthly wages and benefits, such as transportation vouchers and meal vouchers.
In addition, it is also the contractor’s role to pay social security and labor obligations:
- FGTS: 8% of the employee’s salary;
- EHIC: varies according to the salary range;
- IRPF: calculation basis varies according to the remuneration.
It is important to say that there is no obligation to match wages between the contractors and the contractor’s employees. The amount of the remuneration is a decision that is up to each company individually, as negotiated with its employees.
Make the point control
O check Point outsourced workers is also the obligation of the contracted company, in order to monitor the workday and supervise overtime and absences. This can be done using a manual card, application or time clock.
If the method chosen is the time clock, it is important to note that it cannot be the same one used by the contractor’s employees. By law, each equipment can only be used by employees linked to the same CNPJ or who are part of companies of the same group.
Therefore, the service provider must install its own time clock in the workplace, complying with these requirements accordingly.
Despite being the role of the service provider, the third party’s point control serves as legal support for the contracting company. Therefore, it can request the records in order to monitor any failures that may harm it.
Now that you know the contractor’s obligations to third parties, you are prepared to comply with the law when you hire a service provider at your company. Remember: although there is no employment, the working conditions of outsourced workers must be the same as those offered to their employees.