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Outsourcing will be partially eliminated with a new decree

Outsourcing will be partially eliminated with a new decree

The Ministry of Labor and Employment Promotion (MTPE) announced the launch of a supreme decree to establish a series of measures that seek to reduce the “indiscriminate use” of outsourcing and strengthen the protection of labor rights.

According to Minister Betssy Chávez, the project “was born from the collection of demands that value decent work, within the framework of the commitments that the Condition”. The initiative proposes that the scope of outsourcing 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.

For the Executive, the “core business” is part of the main activity of the company, but due to its characteristics it does not correspond to specialized activities or works that can be outsourced with displacement. Companies will have a maximum period of 180 days to adapt to the new provisions, a period in which they must guarantee the continuity of all employment contracts.

Likewise, the ministry maintains that Supreme Decree 006-2008-TR, which approves the Regulation of the Outsourcing Law, does not provide a clear definition of what is meant by “specialized activities and works” that can be outsourced, which means that the scope of application of this figure “extends practically to all the main activities of a company”, including those activities that are part of the “core business”.

CGTP waiting

Although the initiative was announced as part of a commitment to the sector, the CGTP does not agree. Gerónimo López, secretary general, assured that it is a law that does not have the permission of the unions.

“What we demand is the total elimination of the outsourcing regime, which does so much harm to workers by leaving them without their most basic rights,” manifested.

Data

Job. Peru has an informality of 78%, which has grown due to the pandemic in a context of a fragile middle class.

Agreement. By 2021, more than 86% of companies in Peru outsource their services, according to a report by Grupo Eulen.

Source: Larepublica

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