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IUSLabor 2/2016<br />
Anna Ginès, Manuel Luque and Andrés Raúl Camargo<br />
3.3. North America<br />
Canada<br />
1. Is outsourcing a legal form of production<br />
organization?<br />
Yes.<br />
Freedom of outsourcing.<br />
2. Are there limits and/or prohibitions to outsourcing?<br />
No.<br />
Exceptions: (i) transfer of undertakings; (ii) illegal posting of workers.<br />
3. Does the company that partly or totally outsources its<br />
production have any labor or Social Security<br />
responsibility towards the subcontractor’s workers?<br />
What responsibilities?<br />
No.<br />
Exception: health and safety obligations and liabilities when work is performed in user<br />
company’s premises.<br />
4. And regarding pension plans and pension funds? No.<br />
5. Is the subcontractor legally obliged to recognize its<br />
workers the same labor conditions applicable to the<br />
workers of the user company?<br />
No.<br />
6. In which cases is outsourcing considered fraudulent<br />
or is there an illegal transfer of workers?<br />
When user company and subcontractor are “related employers”: common management,<br />
financial control, ownership, trade name or logo, market or customers, premises or<br />
workers.<br />
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