Indecopi: MTPE decree that regulated labor outsourcing is an illegal bureaucratic barrier

Indecopi: MTPE decree that regulated labor outsourcing is an illegal bureaucratic barrier

Indecopi: MTPE decree that regulated labor outsourcing is an illegal bureaucratic barrier

The National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi), through Resolution No. 0270-2023/CEB-INDECOPI, issued this Saturday, July 22, declared an illegal bureaucratic barrier to the prohibition of outsourcing activities that are part of the core of companies. As well as consider them a denaturation.

In this regard, labor lawyer Jorge Toyama pointed out that this resolution directly favors companies. “Indecopi has confirmed in the second instance that nuclear activities can be outsourced. That is to say, has declared illegal the regulation issued by the previous Government (Supreme Decree 001-2022-TR )”, he specified.

Previously, on March 6 of this year, the Indecopi Specialized Chamber for the Elimination of Bureaucratic Barriers (SEL) had suspended the procedure of bureaucratic barriers due to the demand of various companies to the Judiciary (File 756-2022-0-1801-SP-DC-03) against Supreme Decree 001-2022-TR of the Ministry of Labor and Employment Promotion (MTPE), which limits outsourcing labor.

“In accordance with the provisions of Article 8 of Legislative Decree No. 1256, the non-application, with general effects, of the bureaucratic barriers declared illegal in favor of all economic agents and/or citizens in general who are affected by their imposition”, can be read in the recent document.

Finally, it is indicated that the non-application mandate will start from the day after it is published in the Offprint of Legal Regulations of the official newspaper El Peruano.

Source: Larepublica

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