Terceirização e reforma trabalhista: possibilidade de cláusula de instrumento coletivo que restrinja a terceirização

Abstract

Outsourcing is increasingly being publicized, that is, companies are starting to adopt these characteristics of outsourcing frequentely to have less bureaucracy. A frequent question that arises is whether there is the possibility of a collective instrument clause restricting outsourcing. The research aims to understand how outsourcing is triggered and how to restrict this phenomenon so that there can be limits, as well as demonstrating a critical reflection on whether or not outsourcing makes work relationships precarious, analyze the limits of collective bargaining; and clarify the intermitent contract. This is a theoretical article of an explanatory and bibliographic nature, as it was made through analyzes of the phenomenon studied as well as using an understanding of the reality on the topic addressed and was made based on websites, doctrines, jurisprudence and laws. In this article, the hipothetical deductive approach model was used, since a problem was formulated that generated formulations of solution hypotheses and, from there, a deduction was inferred. As a method of procedure, comparison was used in wich we sought to highlight the similarities and differences in comparisons between current laws and those of the plast. It is concluded, initialy, that the normative clause that prohibits the hiring of outsourced employees is valid, insofar as, despite the legal system allowing outsourcing, including in the core activity, it is lawful for the parties to choose not to carry out this type of contracting. Furthermore, the clause does not violate any precepty of the legal order, and its object does not exceed the limits established for self-composition by the parties, furthermore enabling collective bargaining to be used as an instrument to protect workers.