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Congress seeks to repeal Supreme Decree on labor outsourcing

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Yesterday, the Economy Commission of the Congress of the Republic approved by 14 votes in favor, 2 against and zero abstentions the opinion of the bill 1726/2021-CR, which annuls the Supreme Decree 001-2022-TR approved by the Executive, which avoids labor outsourcing at the core of the business.

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The head of the commission, Silvia Monteza, argued that the rule decreed by former Minister of Labor Betssy Chávez It threatens “the freedom of contract, the right to property and the freedom of business”.

The aforementioned decree published in February of this year modifies various articles of the regulations of the law that regulates outsourcing services. Thus, it specifies that this contracting modality should be applied only to those activities that are not part of the core activity of the company.

In that sense, it gives a period of 180 calendar days, which expires on August 23 of this year, so that organizations can adapt to the new regulations. After this period, Sunafil will supervise compliance with the law.

Effect on hiring

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Although the date on which the ruling that annuls Supreme Decree 001-2022 is scheduled in plenary is still unknown, If the measure advances, it will not affect the contracts that were made in the 180 days of adaptation of the decree, explained Eric Castro, partner in the labor area of ​​M&A.

“Within that period, work relationships could not be terminated, except to incorporate them into the contracting companies,” he remarked.

The laborist indicated that the transfer of employees to the company’s payroll should be maintained, “unless a resolutory condition has been included in the contract.” That is, it has been specified that, if in the future there is a condition that prevents the hiring, the transfer to the payroll is left without effect.

According to Castro, another condition that would affect the contracts made in these months is that “the rule issued by the Congress establishes that any modification that has been implemented should be left without effect”.

If the measure manages to advance, it would not affect the contracts made in the 180 days of adequacy of decree 001-2022-TR. Photo: diffusion

Labour reform

For his part, the former Minister of Labor Christian Sánchez stressed that The objective of the Legislative initiative is to return to the previous wording of the law and “allow outsourcing in the essential core of the business.”

However, he maintained that the Executive’s proposal “was not very well supported.” Well, it did not objectively quantify its impact on companies and workers.

Sánchez also commented that the lack of consensus between Congress and the Executive “puts on the agenda a debate on the labour reform”. “What we observe are marches and counter-marches. What is required is to enter the debate for a comprehensive labor reform”, she concluded.

Head of the MTPE defends the standard

The Minister of Labor, Juan Lira, pointed out that the norm has been promoted from the PEMTbased on a proposal from the unions.

“The rule has been promoted by the Ministry (of Labor and Employment Promotion) and has been suggested by trade union organizations, which is the non-application of outsourcing in the company’s nuclear activity”, he declared from Loreto.

Likewise, he questioned that the opinion of the Economy Commission did not have the technical opinion of the MTPE. In addition, he pointed out that the text will go through the Work Commission.

The data

Initiative. The bill in which the opinion of the Economy Commission It belongs to congresswoman Norma Yarrow of the Renovación Popular parliamentary group. Minister Javier Arce confirms attendance at session of the Agrarian Commission of Congress It was presented on April 12.

Source: Larepublica

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