Government partially eliminates labor outsourcing

The Government partially ended labor outsourcing in the business centers of companies, through Supreme Decree No. 001-2022-TR published in an extraordinary edition of El Peruano last Wednesday night.

This modality allowed workers who perform the same work and under the same conditions, to receive different salaries, which directly harmed the workforce, considering that it also affected their social benefits such as the CTS, bonuses and contributions for their pensions.

This regulation bears the signature of the head of the Ministry of Labor and Employment Promotion (MTPE), Betssy Chávez, as well as that of President Pedro Castillo. It is worth remembering that from the Ministry of Economy and Finance expressed their rejection of this initiative, alleging that it would affect productivity and reduce formal employment; Thus.

The MTPE stressed that currently “the spirit” of the Law Regulating Outsourcing Services (Law No. 29245) and Legislative Decree No. 1038 was not complied with, which indicates that this contracting modality is applied only for the performance of activities specialized or works of the companies, which are unrelated to the neuralgic or nuclear activity of the companies.

Therefore, they underline that with the recently published supreme decree, companies will be able to continue outsourcing everything that is not the core of the business and, in the same core, as long as it is without displacement or on an occasional basis.

The MTPE emphasizes that when labor outsourcing ends in the nuclei, the criteria for adherence to the Organization for Economic Cooperation and Development (OECD).