Labor outsourcing companies may continue to apply it after Indecopi’s ruling




A precautionary measure applied by Indecopi will allow companies to avoid the rule that prohibits the use of labor outsourcing.

This week the Court for the Defense of Competition and the Protection of Intellectual Property of Indecopi declared the precautionary measure admissible that will allow suspending the application of the rule that prohibits labor outsourcing.

The measure is applied after Indecopi declared a few weeks ago that the ban constituted an illegal bureaucratic barrier.

This Indecopi action was issued as a result of a demand from the company Cosapi Minería SAC to the standard established by the Ministry of Labor and Employment Promotion (MTPE) and Sunafil, but it may be applied by all productive sectors.

According to the legal manager of the Lima Chamber of Commerce, Álvaro Gálvez, the Indecopi measure extends the protection to all companies before the application of the norm.

Gálvez specifies that with this resolution, Sunafil must refrain from inspecting and or sanctioning conduct related to non-compliance with the outsourcing restriction on activities that are part of the core business.

The representative of the CCL maintains that this will remain the case until the main file is definitively resolved, and if this measure is not complied with, Sunafil could be sanctioned with up to 20 UIT, equivalent to S/ 92,000.

Response of the MTPE

Through a statement, the MTPE pointed out that the prohibition on outsourcing seeks to protect the fundamental rights of workers, including equal pay and freedom of association.

“Since, for example, outsourced workers do not earn the same as those of the main company despite the fact that they perform similar tasks and it is more difficult for them to join the union due to their temporary contracting,” they indicate.

They also maintain that the decree seeks to protect job stability, safety and health in the work center, since outsourced workers are hired for a fixed term despite the fact that they perform permanent tasks.

Given this, the MTPE indicates that they will continue to insist on defending the rule that restricts outsourcing.

Source: The Peruvian

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