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Outsourcing: For Lawyer, “Pejotization is a Labor and Tax Fraud”

The change in the Outsourcing Act, approved by PL 4330/04, in the House of Representatives, on the night of Wednesday, April 08, will impact the daily lives of ICT companies. Walter Capanema, a lawyer specializing in digital law who has worked in the Labor area for 10 years, does not hide his disappointment with the changes. Directly, he says, “ejotization is nothing more than labor and tax fraud.”

In an interview with Convergência Digital portal, Capanema says that “the company hires another to provide specific services. This hiring, on paper, is between the companies, but in practice, the contractor himself is the” owner “of the company. And this person has a fixed salary, working hours and legal subordination, which are the requirements that the CLT requires for the configuration of the employment relationship. That is, on paper is one thing, but in practice, for the Justice, that person is employed With this, the company will need, if sued, recognize the employment (sign the CTPS) and pay the other labor. This all with interest and monetary correction, “he says.

For the lawyer, this phenomenon only tends to increase, regardless of the size of the company. “Unfortunately, the fraud will continue,” lamented Capanema. The expert puts another point: The jurisprudence of the Superior Labor Court, especially Precedent 331, states that the object of the temporary contract was the contractor’s middle activities, notably vigilance and cleanliness. This also has a business foundation: they are ordinary and less complex activities. As a result, a temporary service provider company could send a different security guard to the same contractor each day.

But extending this temporary contract to the core activities of a corporation can be very confusing in IT. “If a large software company decides to hire temporary people, how will this work be done? One temporary one piece of the program and another the next week continues? These are strategic and complex jobs and there is no way to divide them, as the activities- middle, “he warns.

In support of the outsourcing project, the lawyer and vice president of Aerbras – Association of Radiocommunication Companies of Brazil, Dane Avanzi, admits, however, that the new rule greatly affects the worker. “Unfortunately, throughout history, outsourcing has not been positive for the worker. People are subcontracted and earn a lower salary than they would by working directly for the contractor, but updating the rule is necessary. Our CLT is archaic. and is late for technological innovation, “he notes.

As there is a clear shortage of qualified people to work in ICT, the challenge of adequacy will be great. For Avanzi, “Companies will think three, four times about IT to take the measure, but call center companies must take the measure to reduce their costs.”
Asked how he would see the adequacy of the new rules in the software area, Avanzi considered that today this segment is vital and strategic.

“I don’t see much outsourcing in

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