In the opinion of the former Minister of Economy Alonso Segura, the published rule will not solve the problem that exists in outsourcing, and on the contrary it will affect the generation of employment, since there will be legal instability in labor matters. In addition, he points out that it would increase informality.
How do you rate the measure of the Ministry of Labor on outsourcing?
There are several problems, it reflects that there are not really ordered processes within the Executive. A ministry cannot be triggered by such a rule without consulting the Executive, and that is very serious. A government is dysfunctional if it’s going to operate that way and I think we’re seeing it that way. Regarding the content, it is a norm with a mistaken opinion, the issue of outsourcing is how to control abuses, and this norm vaguely defines these nuclear activities, but potentially to interpretation anything you have to do in a business is nuclear. The serious thing is that later the Ministry of Labor will determine if you complied or not. And if it determines that you did not comply, you have to incorporate the workers on the payroll. Obviously, the legal instability in labor matters that this generates is enormous.
Business associations speak of more than 100,000 jobs involved. What would happen to them?
There will be a bit of everything, there are some companies that have the financial back. Some will suddenly go on the payroll and stop being outsourced and those are the beneficiaries. But, in the vast majority, what is going to happen is that some companies are going to have no choice but to risk it and wait until after they are sanctioned and, in other cases, which will be more than the first, they will say that they do not want the service and they will see how to hire informally or to reduce the number of workers to do that task will affect job creation. If disincentives are generated, companies go elsewhere or go around the norm in one way or another, which is informality.
Do you consider that outsourcing has been distorted?
I would not say this mode. There is going to be abuse, there is in the fifth category, in outsourcing, in the fourth, but the biggest abuses are in the informal sector. So what you have to do is if you see that they are committing that abuse, you design a mechanism to better deal with those abuses. This doesn’t solve the alleged abuse problem that we know exists, but the question is whether it is a widespread problem.
Doesn’t it solve the abuse that exists in outsourcing?
No, not at all, it does not solve it. Here you are trying to restrict the concept of outsourcing to something that is not an international standard. It’s apparently trying to restrict a lot of things that are outsourceable everywhere. It is a rule to destroy employment, not to protect it.
What should be done to attack the problems with outsourcing?
What has to be done first is to identify the alleged problem subject to the international standard. As well as what are the labor conditions that must exist in outsourced work and ensure that they are met. ❖
Source: Larepublica
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