Since Monday, companies that continue to outsource personnel in essential activities have been fined

As of this Monday, August 22, the Business that did not eliminate labor outsourcing workers in essential activities; that is, the core of the business. This provision was adopted by the Ministry of Labor and Employment Promotion (MTPE) through supreme decrees 001-2022-TR and 015-2022-TR.

In this regard, the former General Director of Labor of the MTPE Ernesto Aguinaga emphasizes that the companies have had 180 days to adapt and put an end to these illegal contracts, given that the modifications to the law that regulates outsourcing have already been in force for months.

What will happen to those companies that maintain this modality? The specialist alleges that they will be sanctioned in the event that the National Superintendence of Labor Inspection (sunafil) verify that the workers in this branch of the company continue to be subject to a service.

“Those contracts right now, legally, are denatured. A registered record will be left that says that the workers should be on the payroll from day zero, and the State gave them 180 days, a much more than reasonable period, so that there would be an orderly transition from the outsourcing company to the main payroll,” commented for The Republic.

It is worth emphasizing that, in the most drastic of cases, Sunafil can sanction the offending company with up to S / 241,638 (see infographic).

Aguinaga recalled that approximately 140,000 workers are linked to an outsourcing company, counting all the productive strata of a company; however, he considers that the labor mass included in the nuclei must be immense so that the business associations do not show themselves in favor of the adjustments.

For his part, the labor activist Adolfo Ciudad Reynaud questioned that these corporate groups had not expressed their concern when the outsourcing law was regulated, which led to this current scenario, in which workers who perform the same work receive different payments.

“In mining it is scandalous: 75% of the workers are outsourced. They are in precarious conditions and they are not recognized the right to profits that they do give to those of the main company. This situation of discrimination has to end. The real remunerations of the subcontractors are lower than those of the main company by more than 80%”, he explained in a discussion organized by the CGTP.

exceptions

Ciudad Reynaud pointed out that Supreme Decree 001-2022-TR only eliminates outsourcing in essential activities as long as this requires a permanent displacement of the worker.

“Activities without the displacement of personnel or with occasional displacement can always be outsourced. Due to the level of reaction of the companies, many (workers) must be in permanent displacement”, he pointed out.

In addition, there are 150 companies that enjoy a precautionary measure from the Judicial Power that allows them to continue outsourcing in their nuclei until a final ruling is issued; therefore, they are exempt from receiving any kind of fine from Sunafil.

ILO does not question the resolution of the problem

After modifying the regulations of the law that regulates outsourcing —as well as the one that raises the minimum living wage and the preliminary draft of the Labor Code— the Confiep and the International Organization of Employers (OIE) filed a complaint with the International Labor Organization (ILO) questioning the actions of the MTPE by approving it without consensus with the business sector and workers.

Aguinaga stressed that the ILO never questioned the background, but the form, given without social dialogue.

“At no time has the ILO said that outsourcing can be in any part of the production process. You have to be very cheeky to demand dialogue to comply with the law”, he added.

MTPE: there are 1,002 labor outsourcing companies in Peru

Through a statement, the Ministry of Labor and Employment Promotion (MTPE) indicated that, according to its electronic spreadsheet, until June 2021 there were 1,002 outsourcing companies in Peru. These represent 0.32% of the total number of registered companies (313,427 companies).

The outsourcing companies declared a total of 114,060 workers. 62% of these employees are concentrated in financial intermediation, real estate, business and rental activities. While 11% is distributed in transport, storage and communications companies. 8% work in companies dedicated to the exploitation of mines and quarries.