«Fragmentation of the employer´s position» in the employment relationship

[Commentary on the CC rulings 75/2010, of 19 October 2010, 3567-2006 amparo, and 76/2010, of 19 October 2010, 2568-2006 amparo]

Abstract

The economic and financial globalization has determined substantial changes in the manner on which the rendering of services or the productive activity are being carried out in the market economy systems. Among the most characteristic manifestations of such globalization are included the «employment externalization» and the «decentralizations or productive/activity externalizations». Among these latter are some contracting and subcontracting events, where the phenomenon built and designated by the judgments which are the subject matter of this comment occurred and are referred to as the «fragmentation of the employer’s position» that against its semantic appearance implies concentration, to bring the employer’s position to those out of such position, as from the relativity of the (employment) contract effects.