Companies will not be able to outsource workers in their core business

The Ministry of Labor and Employment Promotion (MTPE) made official last Wednesday -in an extraordinary edition of the newspaper El Peruano- the supreme decree that puts an end to labor outsourcing that was applied in the neuralgic activities or business core of the companies.

This is due to the fact that clarifications were made to the regulations of the outsourcing law so that this contracting modality is applied only for the performance of specialized activities or works of the companies; that is to say, that they are not part of its nuclear activity, as established by said regulation.

Ernest AguinagaGeneral Director of Labor for the MTPE, told La República that the regulation needed clarification, since companies could outsource any stage of their production process, which distorted the law.

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“It is as if a company dedicated to the manufacture of footwear outsourced shoemakers, that happened in reality because the regulations that were in force allowed it,” he added.

The official stated that these changes seek to guarantee labor human rights, such as equal pay.

And it is that there were cases of outsourced workers who had a lower salary than a worker from the main company, despite the fact that they performed the same functions.

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“A worker who worked for company ‘x’, which was the one that resorted to outsourcing, earned an average of S/ 3,500, and the workers of the subcontractors of that company could be earning S/ 1,500 to S/ 1,000″, Aguinaga exemplified.

According to the MTPE, there are between 140,000 and 150,000 workers who are involved in the outsourcing of specialized activities and services. However, not everyone is expected to become part of the main company, but rather those who work in the core of the business.

For this, 180 calendar days are being given so that companies can adapt to the new regulation. Likewise, this rule will also be applied in the public sector, to the extent that they are subject to the labor regime of private activity.

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Once the adaptation process is over, which would be until August 23 of this year, Sunafil will be in charge of checking that the companies are complying with the law, otherwise they would be sanctioned.

Debate with the MEF

Regarding the position of the Ministry of Economy and Finance (MEF), The MTPE official explained that there was a debate with technicians from said portfolio, which allowed the norm to be improved.

However, Aguinaga could not confirm that the MEF was satisfied. “It was a technical debate that has been closed with the publication of the supreme decree”, he sentenced.

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Aim for job stability

Christian Sánchez, former Minister of Labor

The regulation of outsourcing – due to its negative effects on “work with rights” – is necessary and must respond in many cases to a weighty exercise. What it is about is giving reasons, sufficiently justifying these measures. The limitation of all power in the constitutional state of law of our times is aimed at satisfying and guaranteeing other constitutional values ​​of equal or greater relevance.

What is pending? Well, obviously the necessary progress in limiting temporary hiring. For example, developing a “fixed-discontinuous” contract that recognizes the spaces where it is reasonable to establish only indefinite-term employment relationships or reinforce the scope of application of discontinuous employment relationships where the worker enjoys stability. Without it, the full exercise of freedom of association will always be threatened. All this does not exclude; that is, it should be complemented with other relevant things such as a coherent systemic reform of the main labor institutions and social protection mechanisms.

The word

Ernesto Aguinaga, General Director of Labor

“There was an exchange of opinions with MEF officials, in relation to this situation. It was a fruitful exchange that allowed us to specify or improve some aspects”.