Recent cases of outsourcing: a view from the Labour and Social Security Inspectorate

Abstract

The use of outsourcing certain activities has common characteristics, regardless of whether traditional instruments or new ways of providing business services are used in their development.

Recent actions of the Labor and Social Security Inspectorate that have evidenced the fraudulent recourse to outsourcing are analyzed, causing damage to workers, which translates into the massive recourse, ultimately, of false self-employed or alleged illegal assignment of those. The fraudulent use of temporary work companies and associated work cooperatives in certain industrial activities is also analyzed.

The operation of these outsourcings is described, as well as the results of the inspection actions, the legal course they are having and the effects on the situation of the workers.

In relation to temporary work agencies, it is observed how the abuse of their use is sanctioned as a very serious offense for illegal transfer of workers.

Regarding the distribution platforms, it can be seen that some of them have led to the use of workers through intermediary companies, incurring in cases of illegal assignment.

Analysis of the process of regularization of the "false cooperative members" of the meat industry, with an uncertain judicial future, but with a factual recognition of the condition of workers of those affected.

The precursor role of the Inspection in the processes of regularization of workers affected by these border forms of outsourcing is valued.