Please enable JavaScript.
Coggle requires JavaScript to display documents.
SUBCONTRACTING vs OUTSOURCING (irregular agency work) vs TEMPORARY AGENCY…
SUBCONTRACTING vs OUTSOURCING (irregular agency work) vs TEMPORARY AGENCY WORK
SUBCONTRACTING ( a company hires someone outside the company to do a specific task that can not be done internally ( the company)
When together with sham outsourcing there is also illegal labour exploitation there are SANCTIONS >
breach of working time regulations,
violation of safety regulations in the workplace
degrading housing conditions
low wages
in order to understand if it is a genuine subcontracting or not you should look at the entrepreneur: if workers are organized by the client, then it is SHAM OUTSOURCING ; if workers are organized by the contractor, then it is GENUINE. You can also focus on the contractor’s entrepreneurial reliability: only licensed agency can hire supply of labour > if it is done by any other intermediary, then sham outsourcing is sanctioned with: reallocation of the employment relationship and administrative fines on client and fake contractor
OUTSOURCING ( irregular agency work) > it is a strategy of the company to reduce labor costs. Tasks of the company are made by people outside of the company
TEMPORARY AGENCY WORK ( agencies that specialise in finding positions for candidates looking for temporary work, by this way workers can find short-term opportunities while companies avoid hiring and firing a full-time employee to fill a short-term need)
The use of agencies is FORBIDDEN in case of: short-time working hours, replacement of workers on strike, collective redundancies (licenziamenti collettivi )
EMPLOYMENT RIGHTS: Equal treatment on working conditions to the other employees, access to the facilities of the company and obligation for pay
Fixed term contract (Max 24 months, including max 4 renewals (rinnovato 4 volte) > IT HAS RESTRICTIONS
WORK AGENCY is the employer for the workers and it is responsible for the payment of them. The worker and the work agency are bounded by an EMPLOYMENT contract while the work agency and the user undertaking are connected with a COMMERCIAL contract
In order to become a LICENSING SYSTEM, you need authorization, which is based on some statutory requirements:
ensure solvency
acquired expertise in the field (acquisire esperienza nel settore)
Have adequate equipment
Show evidence of good reputation of owners and/or managers
Respect the collective agreements obligations
permanent contract (contratto a tempo indeterminato) > NO RESTRICTIONS
D. Lgs. n° 276/03, also known as “riforma Biagi” provided a new distinction between genuine subcontracting and irregular agency work (sham outsourcing)
EMPLOYMENT PROTECTIONS FOR CONTRACTORS’ EMPLOYEES
the lead company has solidary obligations for pay and responsibilities for injuries and illnesses > it is directly involved for health and safety in internal subcontracting in case of:
Coordination of the measures for all the workers
Prevention of risks
Supervision of Contractors activities
lead company should check if the contractors are reliable or not