Elimination of labor outsourcing returns to the agenda

Elimination of labor outsourcing returns to the agenda

About 100,000 outsourced workers in the public sector would go to the State payroll, if the proposal for a supreme decree of the Ministry of Labor and Employment Promotion (MTPE) is approved, which seeks to reduce the labor outsourcing of the main nucleus, according to calculations made by labor activist Ricardo Herrera.

And it is that, according to the expert, there are many public entities that use the job outsourcing. In detail, he said that the National bank, Petroperú, the Ministry of Health, and the Ministry of the Interior are some of the institutions that have outsourced personnel; therefore, if the proposal is approved, they would have to transfer said workers to their payroll.

He also noted that there would be an impact on small businesses. “It is going to affect SMEs, because 60% have the State as their main or only client and there is a lot of outsourcing, and 40% of public purchases are with SMEs, there is another impact”, Herrera said.

Strengthen Sunafil

For former Vice Minister of Employment Fernando Cuadros, the focus of the measure should be to strengthen the Sunafil, since this will allow for improvements in the control of companies regarding the use they give to labor outsourcing.

Likewise, Cuadros does consider that modifications should be made to the labor outsourcing law, setting more demanding rules or updating the requirements so that a better use of the mechanism is made. “I don’t think the solution is necessarily to ban it, because it often helps to create productive linkages between large and smaller companies,” pointed.

a first step

For his part, the president of the Unitary Central of Workers of Peru (CUT), Julio César Bazán, said that this announcement of the minister of labor It is a first step, since the request of the workers is that labor outsourcing be completely abolished.

”It seems good to us that there is a predisposition to rectify this situation because it is very harmful. All the workers are hired temporarily and the big enterprises they benefit from outsourcing”, he stated.

return to the discussion

It’s not the first time the elimination of labor outsourcing It is on the agenda, since with the previous government -in 2020- agricultural workers also demanded it.

As a result, the new agrarian labor regime established that agricultural companies are prohibited from resorting to mechanisms of labor intermediation and outsourcing of services that imply a simple transfer of personnel, otherwise, it would be consigned as infringement very serious.

Along these lines, the then head of the MTPE, Javier Palacios, said that “no one is going to discuss the need to regulate and prevent outsourcing and intermediation of workers who are oriented to provide personnel in the main activity of the company”.

Labor outsourcing banned in 2021

Last year, the Congress of the Republic insistently approved Law 31254, which prohibits outsourcing and all forms of labor intermediation of cleaning and related services provided by municipal workers, with local governments as the only employer.

To adapt to this, a year was given for the municipalities to progressively incorporate, under the labor regime of private activity, the personnel that provides services of public cleaning, collection of solid waste, conservation and improvement of local decoration and the like. This period expires next July. However, there are municipalities that are not yet fulfilled.

Data

Adequacy. If the Executive’s proposal advances, companies will have a period of 180 days to adapt.

Figures. As of December 2020, more than 240,000 workers were registered Business labor intermediation and outsourcing.

Source: Larepublica

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