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ARTICLE · 26 APRIL 2017

Outsourcing And Temporary Work - New Law

The Brazilian House of Representatives approved on March 22, 2017 a bill of law that substantially modifies the rules of outsourcing and temporary work.

BrazilEmployment and HR

The Brazilian House of Representatives approved on March 22, 2017 a bill of law that substantially modifies the rules of outsourcing and temporary work. The bill of law still depends on the approval of the President to come into full force and effect.

The bill of law approved by the House of Representatives authorizes the outsourcing of any activities, even those considered to be within the company's core business. It also sets forth that the contracting company should only be liable for the outsourced workers' labor obligations in case the outsourcing company is unable to pay them (subsidiary/secondary liability). The bill also clarifies that no employment relationship exists between the contracting company and the outsourced workers. In other words, the outsourcing company is the sole responsible for hiring and paying the outsourced workers, as well as directing their work.

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