The House of Representatives approved on Wednesday (8) by 324 votes in favor, 137 votes against and two abstentions, the main text of the bill that regulates outsourcing contracts. Proposals highlights (text changes) will also be discussed by the plenary next week. After completion of the vote, the text will follow for review in the Senate.
Criticized by the PT and some unions and defended by entrepreneurs, the proposal allows companies to hire contract workers to perform any function. Currently this type of contract is allowed only for the call activity-half, and not core business of the company. In other words, a private university, for example, can outsource cleaning and security services, but not hire outsourced teachers.
The text voted in the House, this limitation no longer exists. In addition, the project provides for the form of hiring for both private and public enterprises. The model is not applicable only to direct public administration, independent and foundation.
During the session, the rapporteur of the proposal, Mr Arthur de Oliveira Maia (SD-BA), said that the regulation of outsourcing brings “legal certainty” to contracts and said it sought a “an average line capable of meeting the employees, employers and the Brazilian economy. ”
PT deputies made speeches against the project, arguing that the outsourcing will increase and that will “precarious” working conditions. “Outsourcing does not allow any worker in any industry can think of future rise in positions of command,” said the leader of the PT, Sibá Machado (AC).
Supporter of the proposal, the mayor, Eduardo Cunha (PMDB-RJ), criticized the PT position. “When the government leader forwards the vote in disagreement of all parties of the base, shows that acts at odds with the base. I am a witness that the rapporteur agreed with the area of government Treasury the points that the Ministry of Finance should be understood that in the project, “he said.
After approval of the text by the House, the Chief Minister of the General Secretariat, Miguel Rossetto, issued a statement in which he criticized the text and classified as “bad”. Responsible for government dialogue with social movements, Rossetto also stated in the notice that labor relations are “precarious”. “The project is bad because it allows all the working relationship is outsourced, so precarious. Reduces wages and social security funds. Not good for the workers. Not good for the country, “he said.
The National Confederation of Industry (CNI) issued a statement saying that the regulation of outsourcing is necessary for Brazilian companies to gain competitiveness and adapt to the demands of the global market.
“The regulation of outsourcing is indispensable step for the business environment improvement and one of the most important steps to modernize labor relations in Brazil. Thus, the approval of the project is one of the most significant advances to improve security in the relations between work in the country, contributing to the improvement of the competitiveness of the economy as a whole, “said the entity.
Even the 18h of Wednesday, when the session for the mailing had already started, the rapporteur also made changes to the text, welcoming suggestions from parliamentarians and government.
The Secretary of Internal Revenue, Jorge Rachid, spent the afternoon in the House in conversations with Arthur Maia to request changes that would ensure the collection of taxes in outsourcing contracts.
According to the rapporteur, Rachid secretary wanted it to be extended to all companies the obligation to retain 11% of revenue for social contributions. Currently, this percentage is required only of companies that make transfer of hand labor.
He denied this request by judging it would be very costly to companies who need working capital to operate.
Arthur Maia had already agreed to change after meeting with Finance Minister, Joaquim Levy, Tuesday, snippet of text to move to the contractor responsibility for social security charges and income tax relating to outsourced employees. By design, the contractor will retain the contract value with outsourced the amount due in respect of taxes, for the payment to be made at source.
“We had all the good will to abide by the requests brought here by the Ministry of Finance, in the name of fiscal responsibility presented a series of amendments to the text. This our position to make changes to not bring harm to the collection is that caused this delay in delivery of the opinion, “explained the rapporteur, in the gallery of the House.
The concern of the government was that the outsourced companies did not comply with the payment of taxes. The assessment is that it is easier to control payments if they are made by the company that hires the service.
The new text must be retained of the contract with the outsourced percentages related to income tax (rate of 1.5%) Social Contribution on Net Income (rate of 1%), PIS / Pasep (rate of 0.65%) and COFINS (3% rate). Have the payments that go directly to the employee will continue to be made by third party companies, including salary, vacation and 13.
Despite the changes made at the request of Levy, the head of government, José Guimarães (EC) recommended that the governing coalition parties voted against the proposal. “In that vote the government will stick to the workers, forwards [the vote] against the project,” he said.
For the support of unions, the rapporteur also has agreed to incorporate the amendment project of Mr Paulo Pereira da Silva (SD-SP), former president of Union Force, which ensures that the third party will be represented by the union of the employees of the contracting company, when outsourcing is between companies with the same economic activity.
According to Paulo Pereira da Silva, the amendment ensures that the worker receives annual salary corrections category. “A third party has all the rights of the CLT, but lost union representation, had just running out the effects of the collective agreement. We had a meeting of the central with the rapporteur and with the incorporation of the amendment, we will support the text. ”
To guarantee payment to the contractors, the bill provides that the company that hires the services should “monitor” compliance with labor obligations under the contract.
If the obligations are not being met, the project requires the contractor to retain the payment of third-party service, until the situation is normalized, and make payment of wages directly to outsourced workers. In this case, the labor union will be notified by the contractor to keep up with payments.
Under the proposal, if the contractor does not properly supervise the outsourced, it will have joint and several liability in respect of all labor and social security obligations are not met, that is, can be sued in court to pay the debt entirety. Prove the inspection, the responsibility will be subsidiary, that is, it is only required to complement what the contractor, which caused the damage or debt, was unable to bear alone.
The bill also provides that the outsourced employees have the same rights guaranteed in the workplace to contractor employees: food in the cafeteria, where sunset; transport services; medical care or outpatient on the premises; and proper training when the activity requires.
The proposal provides for the possibility of the “quarteirização”, ie the third party subcontract the services of another company. This mechanism can only occur, however, in specialized technical services and there is provision in the original contract.
In addition, the “quarteirização” must be communicated to workers’ unions. The rapporteur should also incorporate the text another guarantee to the official who is in this condition – that labor and social security rights are also the responsibility of the primary contractor, that is, who ordered the first outsourced services.
The bill also says that the successive hiring hypothesis for the provision of these outsourced services, with former employees of admission hired, the new contractor must maintain the salary and other rights under the previous contract.