La tercerización e intermediación, la empresa fuera de la empresa, y su controversia en la instancia administrativa en el derecho laboral.

Abstract

Outsourcing of services and labor intermediation are ways of hiring that tend to generate job insecurity, while the right to stability is compromised in these cases, due to the flexibility and freedoms that it generates, due to the improper practices of employees. employers to use the worker and evade employer responsibilities, which ends up causing widespread damage. These modes by their nature are not the cause of precariousness, but tend to make the rules favorable to workers more flexible; Therefore, it is an opportunity for the State to incorporate these figures to have the possibility of controlling their activity, since these companies are currently known, but in the informal sector. The labor administrative instance has become an alternative but inefficient, while the causes that end up being resolved by the Labor Inspectors are minimal, because they do not have the means or sufficient powers to make the parties resolve their controversies or differences generated from the signed contract; Therefore, it is essential, not only that there is a clear procedure for its application, but also that the officials of the Ministry of Labor have sufficient legal tools for the control procedure and that the sanctions that are established are exemplary.