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Outsourcing

Business process (called also “externalization”) with which an enterprise it eliminates the management of part of the own productive activity, of a service or one business function in order to entrust of the management to an other enterprise (called outsourcer, that is provider).
The same expression of outsourcing also designates the contract, with which the provider it is engaged to carry out that productive phase, that service or that business function to favor of the first enterprise, using the structures and usually also the staff eliminated from the same one; such contract, also comprising performances similar to those of a sending or contract, assumes in practical a its model.

In case the provider , for the development of the assignment entrusted in outsourcing , it hires workers who already carried out the activity or service in the resupplied enterprise, is discussed approximately the configuration of the operation like cession of business branch (and, therefore, approximately the applicabilit of the instruments to protection of the workers previewed for this last case). In the within of the Biagi reform of the job, it is previewed the loyal responsibility between committente and contractor, with dismissal to the art. 1676 cod. civ., in the case in which an enterprise it entrusts to other enterprise a contract to execute using the yielded branch of enterprise (art. 32 of the d. lgs. 10 september 2003, n. 276, that it has introduced 6 the codicil of the art. 2112 cod. civ.).

Outsourcing the servants in order to focus the enterprise on the main activity (therefore can be approached to the operation of spin-off ), that is the c.d. Core business and can also introduce itself in not entrepreneurial activities, like in the case of Public Administration, for the confidence to thirds party of not characteristic services of the same Administration (sees, from last, the "externalization" of the services prescribed to the sanitary companies and hospitals worker from the art. 49 of decree-law 30 september 2003, n. 269).

The operation in issue on a commission basis distinguishes from the productive decentralization, with which an enterprise it stops of being manufacturer of the own products, entrusting some the realization to many small enterprises (c.d. "terziste").
Sources: art. 29 of the law 28 Decembers 2001, n. 448 (modified from the law 16 January 2003, n. 3); art. 32 of d. lgs. the 10 september 2003, n. 276
URL: http://www.unitec.it/ita/tesi/venturini/index.html;
       http://www.mef.gov.it/DAG/quaderni.asp

     

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