IUSLabor 3/2016 Anna Ginès, Manuel Luque and Andrés Camargo
1. «Top ten» conclusions
The Comparative Labor Law Dossier (CLLD) in this issue 3/2016 of IUSLabor is
dedicated to outsourcing and supply chains and it includes articles, elaborated by
internationally renowned academics and professionals, regarding this important matter.
In the current context where productive decentralization is a common practice in many
countries and economic sectors, we considered it necessary to analyze, from a
comparative perspective, the regulation of outsourcing and supply chains and its labor
consequences to protect workers’ rights and interests. In this dossier we analyzed the
most relevant 10 issues in the legal systems of Belgium, France, Germany, Greece,
Italy, Portugal, Spain, United Kingdom, Argentina, Brazil, Chile, Colombia, Costa
Rica, Mexico, Peru, Dominican Republic, Uruguay and Canada.
The international advisors that have participated in this comparative dossier have
answered to the following questions:
1. Is outsourcing a legal form of production organization?
2. Are there limits and/or prohibitions to outsourcing?
3. Does the company that partly or totally outsources its production have any labor or
Social Security responsibility towards the subcontractor’s workers? What
4. And regarding pension plans and pension funds?
5. Is the subcontractor legally obliged to recognize its workers the same labor
conditions applicable to the workers of the user company?
6. In which cases is outsourcing considered fraudulent or is there an illegal transfer of
workers? What are the consequences?
7. Is the hiring of workers through Temporary Employment Agencies allowed in your
country? If so, in which cases?
8. Are there specific cases or economic activities in which hiring workers through
Temporary Employment Agencies is limited and/or prohibited?
9. What labor and Social Security liabilities do Temporary Employment Agencies
have with respect to the workers hired and transfer to user firms? And the user
10. How are the labor conditions applicable to workers hired by Temporary
Employment Agencies and transferred to user companies determined?
Following, and in the same order of the above questions, are the 10 most important
conclusions regarding outsourcing and supply chains, drawn from the articles written
by our international consultants.