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Labor outsourcing: what does Indecopi’s resolution on the suspension of measures imply until the PJ decides?

Labor outsourcing: what does Indecopi’s resolution on the suspension of measures imply until the PJ decides?

The Indecopi Specialized Chamber for the Elimination of Bureaucratic Barriers (SEL) resolved, in second instance, the suspension of the main procedure related to measures that prohibit labor outsourcing in activities that are part of the core of a company. This will continue until the Power of attorney issue its final resolution on popular action resources and define the constitutionality of Supreme Decree 001-2022-TR, R, which modifies the regulations of the Outsourcing Law.

In this sense, it is specified that, only, the process of eliminating bureaucratic barriers is suspended until the Judiciary issues a final sentence. As recalled, in October last year, Indecopi had declared the decree issued by the Ministry of Labor and Employment Promotion (MTPE) illegal.

A “Standby”

This second resolution implies that Indecopi will not rule on the legality of the decree that regulates outsourcing, but will wait until, in the next few days, the Power of attorney issue its judgment. It should be noted that this also means that Sunafil will still not be able to resume its control measures for hiring under the outsourcing modality in several companies.

“Everything is suspended until the third constitutional chamber resolves the popular action raised by a series of companies. In addition, the precautionary measure that had suspended Sunafil’s inspection work, on Supreme Decree 001-2022-TR, continues to be maintained and Indecopi is not going to resolve whether or not it is a bureaucratic barrier,” Ernesto Aguinaga told La República. , labor lawyer and former general director of the Labor Directorate of the MTPE.

For his part, the lawyer Germán Lora specified that it is an aspect of order and that it occurs so as not to have contradictory sentences with the Judiciary. “It is a matter of order within the hierarchy of an administrative authority and one of the Judiciary. The only ones that resolve conflicts are in the Judiciary, (because this entity) has jurisdictional power. The administrative authority should not have it, ”he added.

labor outsourcing

The companies will be able to continue contracting under the outsourcing modality despite the fact that they are company nuclear activities.

“In economic terms, it is more profitable for companies to outsource. It saves them a series of costs and that is a fraud against the law, because it indicates that outsourcing is for specialized activities. In these contracts, there are fewer unions, less collective bargaining, union freedom is more restricted and, of course, there is no job stability,” Aguinaga said.

Lora pointed out that it is valid to limit contracting by outsourcing, but that it must be considered correctly. “A supreme decree cannot modify a law,” added the labor activist.

Source: Larepublica

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