Beyond the debate on final or intermediary activity: equality of rights and joint liability as an effective means for the protection of workers’ in a triagular relationship

Abstract

The changes in production systems and in the labor management techniques, due to the modification of the taylorist-fordist system to the toyotism system, have had as one of its most important expressions to date the outsourcing of workforces and services. This institute has once more had a centralized academic and political debate since the discussion of the law proposal #4330/2004 and the approval of the House Bill #30/2015. However, the core of these discussions rests primarily in the authorization of the outsourcing of companies’ activities. In a secondary way, this paper will discuss the workers’ union representation and the responsibility of the main company. Moreover, this paper aims to reverse the discussion, focusing on the labour responsibility of the main company and on the clause of non-discrimination between the direct workers and the workers in triangular relationships, which was not even mentioned in the political debate. Therefore, in this model, these measures would be disincentives for precarious outsourcing and it needs to be dissociated from the mere pursuit of lowering labor costs, if the company wants to use it as a viable option.