2.5 Outsourcing of Employees

The outsourcing's world: the work's performance by another's workers — the contractor/ third-party employment (the manpower supply; the outsourcing agreements). The legal questions (the exam's frame): (i) Who is the employer? — the contractor's workers vs the principal's employees (the sham-contracting scrutiny); (ii) The joint-and-several protections (the Act's faces: the principal's liability where the contractor defaults — the wage-and-benefit guarantees reaching the outsourced worker); (iii) The continuity-and-security questions (the outsourcing as the termination's evasion — the retrenchment discipline's circumvention tested); (iv) The core-function limits (the statutory bars on outsourcing the essential functions in defined settings). The honest audit: the outsourcing's growth as the law's frontier — the gig economy's cousin.