El Outsourcing en la práctica jurídico-empresarial ecuatoriana.

Abstract

The outsourcing is a contract by which a company delegates the execution of certain tasks to a specialized third party, this phenomenon is also known as subcontracting. In the case of Ecuador, the Constitution establishes a prohibition of outsourcing only for the usual activities of a company; and Constituent Mandate No. 8 provides that there is a type of outsourcing allowed in the country, when it comes to complementary work; the same statute establishes two types of service provision that can be classified as outsourcing in the country: complementary activities and specialized technical services. Two contracts that are analyzed in terms of their legal nature and from their general characteristics to the specific ones. The study of comparative Colombian and Mexican legislation is also carried out. The purpose of the project is to determine the legal applicable regime to commercial outsourcing in Ecuador and along the way resolve juridical inconsistencies related to its regulation. The practice of outsourcing brings with it advantages and risks, but its corporate implementation cannot be underestimated by the effects produced by an incorrect application of the figure, since it configures an excellent business management tool.