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Outsourcing as a management concept in the legal plane

Svitana Anna

Zeszyty Naukowe. Organizacja i Zarządzanie / Politechnika Śląska

2021

z. 153

473--484

Purpose: The purpose of the article is to analyze the legal regulation on outsourcing. Outsourcing is a contemporary phenomenon, which is on the development stage and there are no precise legal regulations in this area. Therefore, it is important to carry out research, clarify and systematize the provisions relating to such an extensive and complex form of activity of economic entities. Design/methodology/approach: In this case, the subject of application is the analysis of judicial decisions, doctrine and legal practice. Findings: The need for legal regulation in the field of outsourcing is very real. In particular, it is essential to make an introduction of the outsourcing definition in a separate act and point out the provisions specifying the outsourcing of services. Eventually, the limits of the outsourcing concept established by the legislator have to be specified, along with the appropriate interpretation and use of art. 231 of the Labor Code. Originality/value: The current state of the legal regulation in the field of outsourcing was analyzed. The relationship, similarities and differences between outsourcing and taking over a workplace under Art. 231 of the Labor Code were presented.