Best Outsourcing Lawyers in Goiânia

About Outsourcing Law in Goiânia, Brazil

Outsourcing, known as “terceirização” in Brazil, involves contracting another company or individual to perform services or handle certain business activities. In Goiânia, the capital of the state of Goiás, outsourcing is widely used across industries such as cleaning, security, information technology, logistics, and administration. Outsourcing enables companies to focus on their core activities while leveraging external expertise for other functions. However, this practice is subject to specific Brazilian laws and local regulations aimed at protecting both businesses and workers, making legal guidance particularly important.

Why You May Need a Lawyer

Engaging in outsourcing in Goiânia presents various legal challenges. You may need a lawyer to:

• Draft or review outsourcing contracts to ensure legal compliance and clear terms
• Advise on labor law implications, especially regarding the rights of outsourced employees
• Assist in resolving disputes between companies and service providers or among employees
• Navigate regulatory requirements for hiring outsourced workers, especially in critical sectors
• Protect against legal liabilities associated with outsourcing agreements
• Interpret recent changes in outsourcing laws and how they apply to your business

Legal counsel can help you avoid costly litigation, fines, and regulatory problems while strengthening your outsourcing arrangements.

Local Laws Overview

Outsourcing in Goiânia, as in all of Brazil, is mainly governed by federal law, most notably the Law No. 13,429/2017 and amendments by Law No. 13,467/2017 (Labor Reform). These laws authorize companies to outsource any activity, including core business activities, provided certain requirements are met. Key legal considerations include:

• Outsourced companies must provide the same working conditions for outsourced and direct employees when working at the same location
• Client companies (called “tomadoras”) share responsibility for some labor and social security obligations of the outsourced firm
• Social security contributions, overtime rules, and health and safety standards must be respected for all workers
• Collective bargaining agreements and union rules may impose additional requirements
• Local regulations in Goiânia may affect specific sectors, especially those connected to public administration or essential services
• Strict prohibitions remain against fraudulent outsourcing arrangements designed to circumvent labor rights (“pejotização”)

Compliance with both federal and local regulations is critical to avoid fines, contract invalidation, or other penalties.

Frequently Asked Questions

What is outsourcing (“terceirização”) in Brazil?

Outsourcing is when a company hires a third-party business or individual to provide certain services or handle specific business processes instead of hiring employees directly.

Can any activity be outsourced in Goiânia?

Yes, after reforms in 2017, Brazilian law allows both core and non-core business activities to be outsourced, provided legal obligations are met, especially those concerning workers’ rights.

What are the employer’s obligations regarding outsourced workers?

The contracting company must ensure safe and healthy working conditions. It may also be secondarily liable for labor and social security obligations if the outsourcing company fails to meet its obligations.

Are outsourced workers entitled to the same benefits as in-house employees?

Outsourced workers are officially contracted by their outsourcing company, which must comply with labor laws. When working at the client’s premises, they must have access to facilities and services provided to direct employees, such as canteens and transportation.

How can a business ensure its outsourcing contract is legally sound?

Contracts should explicitly outline the scope of services, responsibilities, payment terms, compliance with labor laws, and dispute resolution clauses. Legal review is strongly recommended.

What are the risks of non-compliance in outsourcing?

Risks include fines, joint liability for unpaid wages, invalidation of contracts, claims of unfair relationships, and reputational harm for both parties.

What is prohibited in outsourcing arrangements?

It is illegal to use outsourcing to disguise regular employment, avoid labor laws, or engage in “pejotização”, which means treating a worker as a company to avoid proper employment status.

Can public sector entities outsource services in Goiânia?

Yes, public authorities may contract outsourcing services, but they are subject to strict rules regarding public tenders, transparency, and oversight.

How are disputes between companies and outsourced workers resolved?

Most outsourcing disputes involving labor matters are handled by the Labor Courts (“Justiça do Trabalho”), which have jurisdiction over employment-related issues in Brazil.

How can I verify if an outsourcing provider is compliant?

Review their CNPJ registration, labor and social security records, compliance certificates, and reputation. Legal advice is advisable before hiring a provider.

Additional Resources

Here are some resources and agencies that can help:

• Regional Labor Office of Goiás (Superintendência Regional do Trabalho em Goiás) - Provides guidance and oversees labor practices
• Brazilian Federal Revenue Service (Receita Federal do Brasil) - For checking the legal status of companies and tax compliance
• Trade and Industry Associations in Goiânia, such as FIEG (Federação das Indústrias do Estado de Goiás)
• Sindicato dos Trabalhadores Terceirizados - The local trade union for outsourced workers
• OAB-GO (Ordem dos Advogados do Brasil - Seção Goiás) - For finding qualified labor and contract lawyers

Next Steps

If you are considering outsourcing, already managing outsourced services, or facing legal issues with outsourcing in Goiânia, consider the following steps:

• Gather relevant documents, such as contracts, service agreements, and records of communications
• Assess your current outsourcing practices for compliance with federal and local regulations
• List specific questions or concerns for your legal advisor
• Contact a labor or contract lawyer experienced in outsourcing law in Goiânia
• Consult with local trade associations or your industry’s union for further guidance

Proper legal support will help you structure safe and compliant outsourcing arrangements, resolve disputes efficiently, and protect your business interests in Goiânia, Brazil.