Como identificar a terceirização de mão de obra por sociedade cooperativa fraudulenta?

Abstract

The Laws that protect the worker have the purpose of humanizing and improving the economic and social conditions of the population in the context of capitalist activities. Unfortunately, it is constantly attacked by groups of organizations that seek in any way to reduce costs with the basic and fundamental rights of the worker, in the framework of a historical struggle in the framework of constitutional elaboration. The fraudulent creation of labor cooperatives, in order to distort the employment relationship, allows to cover a classic business relationship, through a service contract with cooperatives. In this way, these become intermediary of the availability of labor, What aroused the interest of: How to identify the outsourcing of labor by fraudulent cooperative society? . The objectives of this work are: to analyze the characteristics considered indispensable for the formation of cooperatives, to point out elements that characterize an employment relationship in outsourcing, an examination of the cooperative principles, making it possible to verify the existence or not of fraud. The qualitative method used in this work has the purpose of presenting clearly the legal relationship between the contractor and the contractor, for this, a bibliographic survey was carried out that could bring a safe and relevant theoretical reference to the subject, as well as a research of field in a work.