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Ius et Praxis

versão On-line ISSN 0718-0012


UGARTE CATALDO, José Luis. Sobre relaciones laborales triangulares: La subcontratación y el suministro de trabajadores. Ius et Praxis [online]. 2006, vol.12, n.1, pp.11-29. ISSN 0718-0012.

The triangular labour relations could basically adopt two modalities: labour subcontracting and the supplying of workers by a temporary company employment. The first refers to a situation where a company, holding a job contract or task hires another company denominated contractor, through a civil or commercial contract so that it can execute on its own account and risk with its own workers, a specified job or service, which later in turn can hire another company, denominated subcontractor so that it can carry out the work or the required service. The second on the other hand consists of a company whose line of business corresponds to the supplying of workers (Supplier Company or temporary labour) and remains in disposition of another company to do the labour services of its owners for a fixed price, retaining thus the formal quality of an employer. In Chile, while the image of the subcontractor dates from antiquity and is regulated in the current legislation, the case of the supplier is different: only in the last years a phenomenon of relevance is presented for the national judicial community in direct relation to the momentary popularity experienced by the so called productive decentralization which is not found, for that matter, recognized in our labor legislation. The regulation of both types of triangular relations is the objective to which the new law of subcontracting is directed: on one hand, for the first time in Chile, the image of the supplier of persons through the company of temporary services is recognized and regulated. On the other hand the regulation of the labor subcontractor is improved through new norms about the responsibility of the owner of the task

Palavras-chave : Labor subcontractor; supplier of workers; triangular work relation; company of temporary services; contract at disposal; job owner's subsidiary responsibility.

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