Government ignores outsourced workers after resolution of Indecopi

It will be possible to continue outsourcing activities that are part of the core of the company after Indecopi’s resolution, which states that prohibiting it is an illegal bureaucratic barrier, as provided by DS 001-2022. In view of this, representatives of the Unitary Confederation of Workers of Peru (CUT) and the General Confederation of Workers of Peru (CGTP) demand that the Ministry of Labor and Employment Promotion (MTPE) appeal such decision, since it violates the rights of workers.

What is at risk?

For Gerónimo López, general secretary of the CGTP, the Indecopi resolution responds to the interests of economic power groups and points out that his union will opt for mobilization to demand that the MTPE appeal said ruling and defend its norm.

“(The outsourcing) results in greater exploitation, cuts in workers’ rights, salary difference. A worker who is (hired in the company) principal earns more and the one who is outsourced earns less despite the fact that he does the same work, ”explains the leader.

While Julio César Bazán, president of the CUT, says that they will take legal action to have the Indecopi provision declared unconstitutional, he also warns that the National Labor Council (CNT), which has just been reactivated, would be at risk. Today, Monday, the coordinators of this multisectoral group will meet to raise the agenda for the next session, in which they will be asked to place the issue in question.

It should be remembered that one of the reasons why the dialogue in the CNT was paralyzed for more than a year is because the businessmen asked that DS 001-2022 be repealed.

“It is important that both businessmen and the Government place themselves in unrestricted respect for fundamental rights. If not, obviously this facility is going to have to be truncated again,” Bazán pointed out.

This newspaper consulted the PETM if it will appeal resolution no. 0270-2023/CEB-INDECOPI, but at the close of this report no response was received.

Background

In February 2022, the Government decided to partially limit labor outsourcing, so that the criteria for joining the Organization for Economic Cooperation and Development (OECD) can be met.

The business sector expressed his rejection and filed an application for amparo to repeal it, a request that is still in process through the courts. At that time, Fernando Varela Bohórquez, today the head of the MTPE, was blunt on the subject. He pointed out that it was a “terrible rule”, “illegal” and that it promoted mass layoffs.

While in April of this year, the Government deactivated the special team in charge of the legal defense of this measure.

constitutional problem

For the former head of the MTPE Christian Sánchez, Indecopi would be interfering in the sphere of jurisdiction of the Judiciary, he adds that there is an “evident” assumption of improper address, which is prohibited by the Magna Carta.

“The Constitution indicates that once the Judiciary is aware, in this case through a popular action, of the questioning of a norm, no administrative authority can address that pending case,” he specifies.

In addition, according to Sánchez, it is an obligation of the Government to defend DS 001, so it is necessary for Minister Varela to express his position regarding the Indecopi provision, and that this be translated into concrete actions such as filing the appeal, whose deadline expires on August 15.

figures

70% of workers in the mining sector are outsourced.

9 out of 10 fatal accidents in the mining sector, they correspond to the contractors and not to the main companies.

reactions

Christian Sánchez Reyes, former head of the MTPE

“Almost 90% of the workers in the outsourcing companies they have temporary contracts, that is, they lack job stability. This generates permanent staff turnover, among other problems”.

Julio César Bazán, president of the CUT

“We emphatically reject these interferences and these ineffectiveness of the Ministry of Labor in the face of corporate abuse of wanting to outsource everything at the expense of workers’ rights.”