THE IMPACTS OF IRREGULAR OUTSOURCING ON THE EMPLOYMENT RELATIONSHIP: LEGAL CONSEQUENCES FOR THE EMPLOYER

Abstract

This study analyzes the impacts of irregular outsourcing on the employment relationship, with a primary focus on the legal consequences for the employer. It addresses the evolution of outsourcing in Brazil after Laws No. 13,429/2017 and No. 13,467/2017, as well as the elements that characterize the employment relationship and the situations in which outsourcing is considered unlawful. The research is qualitative, based on bibliographic, legislative, and jurisprudential analysis, including Precedent No. 331 of the Brazilian Superior Labor Court. The results indicate that irregular outsourcing may lead to the recognition of an employment relationship with the contracting company and the employer’s liability for the payment of labor rights and benefits. It is concluded that, although outsourcing is legally permitted, it must comply with legal limits; otherwise, it may result in the violation of labor rights guaranteed to workers.