The Ministry of Labor and Employment Promotion (MTPE) prepares a proposal for a Supreme Decree that establishes a series of measures to reduce the indiscriminate use of outsourcing and strengthen the protection of labor rights.
The draft standard is born from the collection of the demands that value decent work, within the framework of the commitments that the State has, and seeks to reduce the indiscriminate use of outsourcing, which causes labor abuses and cases of discrimination that impede improvements in productivity.
The legal initiative proposes that the scope of the outsourcing of services be limited to those specialized activities or works linked to the main activity of a company, but which do not have the “core business” as their object.
The proposal, which modifies DS 006-2008-TR, which approves the Regulations of Law 29245 and Legislative Decree 1038, specifies that the “core business” is part of the main activity of the company, but, due to its particulars characteristics, does not correspond to specialized activities or works that can be outsourced with displacement.
It is specified that the outsourcing of services is not applicable to the “main core of the business” of the main company, however, the companies will have a period of 180 days to adapt to the new provisions, a period during which the continuity of employment contracts.
It should be taken into account that there are issues related to outsourcing and new forms of business organization, which continue to be developed in the framework of dialogue with business and union organizations of the National Council for Labor and Employment Promotion.
It seeks to promote a responsible exercise of freedom of enterprise, not allowing the existence of “shell companies”, as well as combat possible “labor abuses and cases of labor discrimination between the workers of the main company and the contractors”, specified the MTPE .
The data
According to the MTPE, Supreme Decree 006-2008-TR, which approves the Regulation of the Outsourcing Law, does not contain a clear definition regarding what is meant by “specialized activities and works” that can be outsourced, which This means that the scope of application of this figure extends to practically all the main activities of a company, including even those activities that are part of the “core of the business”.
Source: Larepublica
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