ABSTRACT

This paper aims to present the reader with a rapid assimilation of the theme on the liability of the borrower service accepted by the Superior Labor Court about the outsourcing contracts signed with the Public Administration.

Without going into the merits to exhaust the subject, reference should be made initially about the history and evolution of outsourcing, the employment relationship and contract labor, outsourcing and contract labor.

Analyze will also work process through the Statement 331 of the Superior Labour Court giving the policyholder service which will be the responsibility imputed to it, and its solidarity, or, subsidiary, and which the prevailing understanding about these definitions.

In a first flat, it can be noted that the institute outsourcing is like a modern technique that reduces administrative costs ensures productivity, promotes socioeconomic development and further ensures competitiveness in the global sphere.

Outsourcing is a process that was gradually being incorporated into the day-to-day business. It is, however, the action of a contractor to perform the activity, through a contractor, so you can devote to that so integral to their core activity.

The Brazilian labor legislation has not yet regulated the effects of outsourcing service delivery. However, this is a matter that has caused successive Labour pronouncements of the judiciary. And the lack of law regulating the species, together with the complexity of the matter, have been numerous decisions about, often antagonistic, which has led judges to rethink their positions and seek alternative solutions.

Faced with this problem, since its publication, the Statement 331 of Colendo Court has raised several questions, mainly regarding outsourcing in the public service. To date, no one has a firm and definite about the liability of the public entity, the rights of employees hired by the service provider.

Keywords: Labor Law, Outsourcing, Subsidiary Liability, Policyholder Service, Statement 331 of the TST