This Sunday, April 23, the president Dina Boluarte appointed Antonio Fernando Varela Bohórquez as the new head of the Ministry of Labor and Employment Promotion (MTPE) to replace Luis Alfonso Adrianzén. As you remember, This portfolio was promoting the limitation of labor outsourcing in the core of companies, this measure had great opposition from the business sector to such an extent that until today it cannot be applied, but what did Varela think about this provision when it was approved? Here we tell you.
In February 2022 it was published in Supreme Decree 001-2022-TR with the aim of providing better working conditions to Peruvians. Although the measure was promoted by Betssy Chávez when she led the MTPE, her successors continued to endorse it. However, to date it has not been possible to apply it because various companies have filed a lawsuit that is the responsibility of the Supreme Court to resolve, meanwhile the Indecopi resolution that prevents Sunafil from auditing for labor outsourcing.
When Adrianzén was still in office, the MTPE issued a statement stating that the decision issued by the Constitutional and Social Law Chamber of the Supreme Court of the Republic on the subject will be respected, with which it hopes that the controversy.
What is the position of the new Minister of Labor on the law that limits labor outsourcing?
In March 2022, Varela commented for a local program that DS-001 was an illegal measure and that its application would lead to a wave of layoffs.
“About 85% of companies outsource their activities, if I give them an illegal regulation where the core of the business is not properly clarified, the main company could say ‘look, you know I can’t continue working with you’, which automatically means there are going to be a lot of layoffs“, he emphasized.
Two months later, when the Congressional Economic Commission approved an opinion to repeal the measure, as the main partner of Varela Bohórquez Abogados, he was asked if setting limits on labor outsourcing was a “good or bad” rule, the current minister did not hesitate to answers that it was “a lousy rule” because outsourcing must be regulated by law, that is, through the Congress of the Republic, or if the Legislative Power grants the Executive power to make this modification; however, neither of the two scenarios took place.
In August of the same year, the minister affirmed that the measure, rather than affecting the companies, was harming the workers and promoting the informality.
“Those who are going to be harmed are the workers (…), here we must understand that we are in a very informal country, until before the pandemic the figures that are always made up said that our informality was 70%, that is, that only 30% of workers enjoyed rights. After the pandemic we are talking about about 83% of informality despite the fact that there has been a recovery, dictating this type of norms, what is done is to discourage hiring and they see informality as a way out”held
Source: Larepublica
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