Outsourcing ban after collective dismissal is unconstitutional, say lawyers (with Mariana Caldeira de Sarávia)

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Mariana Caldeira de Sarávia considers the article constitutional and economically "doubtful". For the partner in the Labour Department of SRS Legal, the 12-month limitation on the outsourcing of services - when these are aimed at activities previously ensured by company employees, dismissed, via collective dismissal or job extinction - is not only "a surprising and unprecedented limitation in our labour legislation" but, in her view, "unnecessary and lacking in justification, contrary to what has been common practice, and highly restrictive of business freedom."
And why? "What sense does it make to prohibit a company that has in its staff a cleaner or a security guard, and that is facing financial difficulties, from hiring a cleaning or security company to ensure the aforementioned services at a lower cost? Or a micro-company, in the same circumstances, to outsource accounting services?" he asks.

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Mariana Caldeira de Saravia also warns of another potential hindrance in the article. "Although the law refers to 12 months, it should be borne in mind that the process of termination of employment and collective dismissal takes about a month, and involves the observance of notice periods of up to 75 days, which means that the aforementioned limitation of 12 months may only end 15 and a half months after the date on which the process of termination of employment or collective dismissal began," points out the partner in the Employment Department of SRS Legal.