The Commission of Economy, Banking, Finance and Financial Intelligence of the Congress of the Republic approved bill 1726/2021-CR, which in its first article annuls the Supreme Decree No. 001-2022-TRwhich avoids labor outsourcing in the core of the business.
With 14 votes in favor, 2 against and no abstentions, the group annulled the rule that regulates outsourcing services proposed by the Ministry of Labor and Employment Promotion (MTPE). This had been proposed and promoted by the former minister of the sector, Betssy Chávez, today censored.
“We can affirm that the provisions of the Supreme Decree No. 001-2022-TRviolates the Constitution to the extent that it violates the following fundamental rights: freedom of contract, the right to property and freedom of enterprise”, said Congresswoman Silvia Monteza, president of the commission.
In addition, the Economy Commission considered that the proposal violates Law 29245, the law that regulates outsourcing services, by modifying the scope of outsourcing services with displacement and “establishing restrictions and prohibitions not contemplated in it.”
“The prohibition of outsourcing nuclear activities of the main company also harms the right to freedom of enterprise recognized in article 59 of the Political Constitution of Peru, since it limits the capacity of the companies to organize themselves and define from the strategic point of view which It is the best way to carry out your business”, said Monteza.
“We must not forget that the Constitutional Court itself recognized that Law 29245 does allow the outsourcing of main activities without distinction,” he added.
It should be noted that this opinion must still go through debate in the plenary session of Congress.