The violation of the principle of equality in the absence of a legal framework for outsourcing

Abstract

The purpose of this article is to demonstrate that outsourced work, as currently practiced, contributes to the violation of the principle of equality. Initially, it seeks to show that the absence of specific legislation has allowed for the proliferation of outsourced companies which, within a broader context of cost reduction, potentiate the mechanisms of precarious work. It demonstrates that outsourced workers receive lower wages than their directly hired counterparts, since the outsourced company receives a smaller share of the value that the contracting company would spend to maintain directly hired employees, a model that follows the logic of productive restructuring. Finally, conflicts of interest between the outsourced company and the service recipient lead to the phenomenon of multiple subordinations. In this sense, the worker has to manage conflicting interests, becoming an easy target for various forms of harassment and pressure, a factor that results in significant contamination of the work environment.