Legal pathways for reducing asymmetry between direct and third-party employees in the electric sector

Abstract

In the electricity sector, outsourced workers and direct employees perform the same functions, but enjoy different rights. The objective of this article was to investigate the extent to which current Brazilian law can guarantee outsourced employees the same rights to safety and health at work that direct employees enjoy. Based on a fatal accident case, we investigated the asymmetries in protecting the health and safety of direct and outsourced workers, comparing them with the fundamental rights involved. Afterwards, we point out four legal paths that can lead to the reduction of asymmetries: law nº 6,019/1974, the extension of the scope of collective labor agreements, the applicability of the principles of Environmental Labor Law and Drittwirkung. In conclusion, we outline the possibility of reducing asymmetries between direct and outsourced workers based on the current legal framework.