Post by rabia994 on Mar 9, 2024 10:52:13 GMT
In accordance with the reform to article of the Federal Labor Law, complementary services or works may be provided between companies of the same business group, as long as they are not part of the corporate purpose or the predominant economic activity of which they receive them. . If one of your main doubts regarding this law reform regarding insourcing is about what will happen to holding companies or business groups, below we break down what is known so far. Background Insourcing was—until before the reform—known as one of the forms of subcontracting through which companies maintained all their services internally, without the need to hire an external service provider (outsourcing), creating different social reasons for transfer part of your staff. In other words, personnel were hired in one company, but provided services to another in the same business group. The purpose of the above was to keep payroll, reduce taxes or avoid certain obligations such as the payment of workers' participation in company profits (PTU) and this was possible because in legal terms they did not belong to the company that generated the wealth.
New provisions The new regulations for the labor subcontracting regime, also known as outsourcing, also include insourcing, pointing out that complementary or shared services or works provided between companies of the same business group may be possible as long as said services are not part of the corporate purpose or the predominant economic activity of the co America Cell Phone Number List mpany that receives them. For these purposes, a business group is defined as the set of legal entities organized under schemes of direct or indirect participation of social capital, in which the same company maintains control of said legal entities. Example of complementary service in the same business group To clarify this information, we will share an example below: ? A company whose corporate purpose or predominant economic activity is the manufacture of furniture may receive complementary services from a company in the same group, which is dedicated to transportation, or even accounting and finance. This, because as the reform points out...those activities are not the predominant one, which is manufacturing furniture.
Under this provision, many of the employees who currently work in these subcontracting schemes will be able to continue working in the same way, without the need to transfer them to the payroll of the company that benefits from their services. What changes are expected… The most immediate change is that outsourcing and insourcing will be prohibited in companies and that no later than July , all employees must be transferred to the internal payroll. In accordance with the companies' strategies, they could resort to adapting their corporate purpose and predominant activity to be able to continue providing services. Labor, tax and social security changes. Address the administrative burden of new personnel and the installed capacity. Although the absorption of all collaborators, previously hired through outsourcing or insourcing, means a great increase in the work of the HR department, fortunately various companies are relying on digital tools with Pandapé , which allow them to automate many of its processes… From managing mass registrations and cancellations, the possibility of customizing the onboarding process, creation of digital files, registration of incidents, performing pre-payroll and complying with NOM without further investment of time.
New provisions The new regulations for the labor subcontracting regime, also known as outsourcing, also include insourcing, pointing out that complementary or shared services or works provided between companies of the same business group may be possible as long as said services are not part of the corporate purpose or the predominant economic activity of the co America Cell Phone Number List mpany that receives them. For these purposes, a business group is defined as the set of legal entities organized under schemes of direct or indirect participation of social capital, in which the same company maintains control of said legal entities. Example of complementary service in the same business group To clarify this information, we will share an example below: ? A company whose corporate purpose or predominant economic activity is the manufacture of furniture may receive complementary services from a company in the same group, which is dedicated to transportation, or even accounting and finance. This, because as the reform points out...those activities are not the predominant one, which is manufacturing furniture.
Under this provision, many of the employees who currently work in these subcontracting schemes will be able to continue working in the same way, without the need to transfer them to the payroll of the company that benefits from their services. What changes are expected… The most immediate change is that outsourcing and insourcing will be prohibited in companies and that no later than July , all employees must be transferred to the internal payroll. In accordance with the companies' strategies, they could resort to adapting their corporate purpose and predominant activity to be able to continue providing services. Labor, tax and social security changes. Address the administrative burden of new personnel and the installed capacity. Although the absorption of all collaborators, previously hired through outsourcing or insourcing, means a great increase in the work of the HR department, fortunately various companies are relying on digital tools with Pandapé , which allow them to automate many of its processes… From managing mass registrations and cancellations, the possibility of customizing the onboarding process, creation of digital files, registration of incidents, performing pre-payroll and complying with NOM without further investment of time.