La Vulnerabilità Nell’Esternalizzazione Dinanzi Al Servizio Pubblico

Abstract

Outsourcing is a management system that comprises the trilateral job relationships, in this specific case, used by the Public Administration to reduce costs and improve the quality of public services provided to the population which was initially used only for ancillary activities but with the standardization of the outsourcing system, it is being implemented also in the end activities. However, the uncontrolled and unrestrained use of this mechanism has brought intense juridical and doctrinal debates pointing out the advantages and disadvantages of these types of contracts both regarding to the vulnerability of the outsourced worker and the legal responsibility that abides to the contractor when the labor charges are not honored and, also, how the use of outsourcing could be used in a safely and effectively manner for the hirer. On this prism, it is the reason why this research will firstly make a general approach on outsourcing since the appearance of this mechanism in history emphasizing on its application in the public sector, while investigating possible threats to the legal systems when the state entities use the outsourcing mechanism. From this perspective, ought to point out the indoctrinators´ most used definitions, as well as the legal nature and assumptions regarding this institute. In the quest for the most viable and effective solution to the problem, examples of this mechanism in other legal systems will be included, especially Italy´s, bringing legal references and jurisprudence on the subject. The methodology used is essentially bibliographical and indirect, using books, scientific articles, data obtained through the Internet and jurisprudential guidelines of the superior and regional work-related courts, also using the deductive method for the correct interpretation of the theme. In this sense, this research will demonstrate the most feasible and effective solution for the problem.