Terceirização de mão de obra e a nova legislação trabalhista

• Autor(a) principal: Gonçalves, Fábio José Chaves
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34048
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Terceirização de mão de obra; Legislação trabalhista; Direito constitucional; Direito administrativo; Outsourcing of labor; Labor legislation; Constitutional right; Administrative law

The research aimed to address the labor outsourcing institute and the new labor legislation, considering the consequences of outsourcing in the scope of constitutional law and administrative law. Thus, the general objective of the research was to approach the labor outsourcing institute and the new legislation. For this, the work had its division into three chapters arranged exactly in that sense. The research was based on the qualitative method and the technique of bibliographical research, thus, the data collection took place through the following sources: books, electronic articles, periodicals, texts published on the internet, as well as other useful means that helped in the development of the proposed theme. With the result of the research it was possible to conclude that the legislator constantly seeks the creation of laws that allow greater protection to the outsourced worker, as well as, to guarantee the rights already won in the CLT. However, the new legislation maintained the ban on labor intermediation. It is worth noting that the new law did not give legal support to the socalled "pejotização", which implies the provision of services by a natural person as if legal entity were, with the legal requirements related to the employment bond, consisting of subordination, personality, non-event, under the terms of articles 2 and 3 of the CLT. Therefore, when the service rendered by a natural person, as if it were legal, is possible, in a labor claim, the declaration of fraud, based on Article 9. of CLT, and declaration of employment relationship with the service provider