What Is Legal Outsourcing And Illegal Outsourcing?

Outsourcing or outsourcing has become more popular for companies, as it has provided a way for founders and entrepreneurs to delegate their recruitment tasks to a third party.

Companies subcontractors or outsourcing provide services to companies to hire staff to work inside or outside the company to hire him.

Subcontracting is a process that transfers resources and responsibilities to the fulfilment of certain tasks to a third party.

What is legal outsourcing?

It is a specialized service that allows businesses to devote themselves to their main activity without being distracted by non-company activities.

This scheme is regulated by articles 15-A, 15-B, 15-C and 15-D of the Federal Labor Law.

What is illegal outsourcing?

The workforce is transferred to intermediary companies with the purpose of covering up the labour relationship through simulated acts to intentionally breach labour and/or social security obligations, which seriously affects workers and their families; It promotes unfair competition between companies and reduces public revenue for Social Security financing.

Affectation of outsourcing to workers

In the inspections carried out, it has been detected that this practice prepares the labour market to the detriment of the workers.

 * It lowers the cost of labour by affecting the income of workers and their benefits, and in general undermines basic labour rights, some examples detected are:

Affectation in:

* Stability in employment, profit sharing, seniority.

* Income from seniority premium, vacation, bonus, settlement.

 * The right to acquire a loan for your home through Infonavit.

 * They are registered with a lower salary than the real one, which seriously affects their disabilities and maternity leave, their retirement savings and their pension.

 * They are discharged in several periods a year, so they lose the medical assistance, use of nurseries and other social services necessary for their well-being.

The harm of outsourcing to companies

Unfair competition, as evaders use this figure to obtain fraudulent economic benefits at the expense of workers.

* Risks for the businessmen involved, before demands of their workers or fiscal reviews, that lead them to lose their assets (it should be remembered that the rights of the workers are inalienable and the business abuses can be accredited at any time, and the authorities must act in the restitution of your rights).

Affectation of outsourcing in government revenues

The lower revenue collection reduces the Government’s ability to fund social security, especially health services, pensions and housing.

* In addition, it hinders the growth of infrastructure and installed capacity of public institutions, to offer greater and better social security services to present and future generations.

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