One of the most controversial topics today, the so-called Outsourcing Law was partially sanctioned by the President of the Republic, Michel Temer. Published in an extra edition of the Official Gazette of the Union last Friday (31.03), the text had three vetoes on articles approved by the National Congress.
To better understand the repercussions of the change in the rural sector, Agrolink heard exclusively from lawyer Fábio Lamonica, from the firm Schwingel & Lamonica Advogados Associados, based in Maringá (PR). According to him, “the news regarding outsourcing will help, directly or indirectly, to generate jobs in the field”. Check the interview in full:
Agrolink – How can outsourcing approved by the Chamber affect labor relations in the field?
Fábio Lamonica – The outsourcing of work, called “pejotization” is a subject that has been discussed for years, so much so that the project approved in the Chamber dates back to 1998. The impact of the changes to the project will be positive on the one hand, as they will (in theory) ) more legal certainty and clarity regarding the obligations of the contracting and contracted company. On the other hand, it could weaken and reduce workers' rights.
It is very difficult to generate jobs and maintain the full range of rights offered today by labor legislation. It is no different in agribusiness, with changes to the law helping to reduce costs, optimize staffing, reduce physical structures, simplify processes, etc.
Agrolink – Is there legal security for rural producers to hire nowadays?
Fábio Lamonica – Legal security is relative, and it is not uncommon for producers who paid salaries and charges as agreed to suffer labor demands for absurd amounts, often loaded with information that does not correspond to the truth. Care must be taken, for example, with practices such as paying surpluses over employees' salaries, generally after the harvest, or at the end of the year, which can generate undesirable labor liabilities.
The important thing is to strictly follow the legal provisions, remembering the monitoring of trade bodies, the Rural Unions, which help the producer so much.
In any case, in our legal system, there is only legal certainty after the law has matured. And that could take many years. Note that after the approval and entry into force of the standard, questions soon begin to arise (as an example, it is worth remembering the Forest Code, approved in 2012 and that, to date, there are actions questioning its legality, with no judgment yet scheduled) , with class representatives proposing actions questioning the constitutionality, in whole or in part, of the law. There will certainly be individual demands that will be taken to the judiciary, which will have to take a position, defining the real scope of the application of the rule.
Agrolink – How can this flexibility contribute in this regard?
Fábio Lamonica – The first test will be in relation to a similar project that should be voted on by the Senate soon and which could already harm the Chamber's text. According to the Chamber's text, both the company that hires the services is responsible for labor charges if the contracted company is unable to fulfill its commitments.
In the Senate text, the provision is that companies respond in a joint manner, that is, at the same level of obligation, which certainly undermines the objective of the proposed changes. Even so, the project to be approved leaves gaps and generic points that must, in due course, be filled by the judiciary.
Agrolink – What inequalities in legislation would need to be addressed to stimulate the creation of jobs in the countryside?
Fábio Lamonica – The news regarding outsourcing will help, directly or indirectly, to generate jobs in the field, including the issue of the company's 'core activity' (its main purpose) which, currently, cannot be outsourced, which today It is regulated through a pacified understanding of the TST. With the new provisions, the outsourcing of 'core activities' is now permitted and regulated by law, which, in theory, will allow for an increase in jobs, including in the field.
It is worth remembering that an employment relationship may be established between the company that hires the outsourced company's services and the latter's employees if there is a proven relationship of subordination, receipt of orders, adherence to schedules, etc., directly by the contracting company.
For there to be an increase in job creation, there needs to be cost reduction and legal security, points that the new standard promises to help.
Agrolink – What other measures would be necessary?
Fábio Lamonica – The simplification of labor relations, with the relaxation of certain rules and even the reduction of rights, in favor of increasing the supply of work seems to be a trend, already seen in European countries, for example.
In a complementary way, adapting to the new needs of the countryside is essential, a point in which SENAR (Nacoinal Rural Learning Service), linked to the CNA (National Confederation of Agriculture), has done very well in helping to qualify and train rural producers. and those who work in the production chain.
And, fundamentally, the Judiciary also has a fundamental role in allowing market self-regulation, reducing and minimizing interventions, which helps to generate the desired legal certainty.
Source: Agrolink
