Workforce Outsourcing: Restrictions Start This Week, What Should I Know?

From August 22, restrictions on labor outsourcing began, which allows Business hire other companies that offer services that complement their business after the completion of the 180-day adaptation period.

doWhat is outsourcing? A lawyer specializing in labor law, Cesar Puntriano, explained to RPP.

“Outsourcing consists in hiring a specialized company to carry out certain activities and works entrusted by the contracting party, for which it will move its personnel to places that either agree or may not even do this, doing the work in a certain way. we have examples hiring companies that provide assistance, bookkeeping, driving services and others,” he said.

This measure, set by the Department of Labor, has been controversial due to the opposition of various business associations, as they indicate that this was not previously discussed in the national labor council. But what does this standard consist of and what do these changes mean?

“The main change in the service outsourcing system is that business You may not hire a third party to carry out your core business. The consequences that this leads to are that companies stop contracting with this outsourcing company and that outsourcing companies are looking for what to do with their workers and in some cases terminate relationships with them because they will no longer be contracting that they had. ”, explained labor dispute lawyer Herman Lora.

The Ministry of Labor claims that the restriction on outsourcing will only apply to the company’s core activities, which defines it in the market, but this figure can continue to be used in specialized projects and works.

However, for the Private Competitiveness Council, this measure will endanger more than 105,000 jobs. Positions and more than 950 outsourcing companies will be affected, especially in sectors such as mining and construction. Ricardo Allaga, general secretary of the Federation of Construction Workers, commented on how the measure would affect them.

“This supreme decree will in the immediate reality reduce the projects already budgeted to date, since in practice the executing company never foresaw these additional costs, and this will be reflected in the stoppage of work and, as a result, unemployment (…) This decree will only create more informality and longer periods of unemployment for construction workers, but the most serious consequence will be the disappearance of formal companies,” Aliaga said.

In the case of the mining sector, unions warn that around 2069 companies contractors that create 72.3% of jobs in this area.

Despite this, the Ministry of Labor has already announced that sanctions will be applied to companies that do not comply with the provisions of the new labor outsourcing standard.

“As for the sanctions to be imposed for this issue of outsourced control, this will depend primarily on the type of business, whether it is a micro, small or non-mype company, as well as the number of affected workers. In this range, there can be fines from 506 soles in the case of micro-enterprises or 2070 soles in the case of small companies or non-meeps, from 7222 soles to 241 thousand soles and a little more,” said Victor Loyala, superintendent of Sunafil.

These will be the fines that the National Labor Inspectorate (Sunafil) must apply:

• If labor outsourcing is used to develop an activity that is part of the “core business”, the fine will be imposed for a very serious violation and reach 52.53 UIT (tax units), which is currently equivalent to 241,638 soles.
• If labor outsourcing is used to develop any activity other than the main one, the fine will also be for a very serious violation and will amount to 52.53 UIT (241,638 soles).
• In the event of termination of contracts with employees who were dismissed to carry out activities that are part of the main activity, for reasons related to adaptation to the changes established by Supreme Decree No. 001-2022-TR. The violation will be very serious and is punishable by a fine of up to 52.53 UIT (241,638 soles).
• If labor outsourcing is used as a simple provision of personnel. Similarly, the violation will be very serious and will be fined up to 52.53 UIT (241,638 soles).
• Violation of the content that must be included in the contracts of employees of an outsourcing company in accordance with section 4 of Law 29245, or violation of the obligation to inform employees in charge of the performance of work or services, as well as trade union organizations and employees of the main company, as established in section 6 of Law 29245 In this case, the violation is serious and the fine reaches 26.12 UIT (120,152 soles).

To date, 11 companies have filed a people’s lawsuit against the measure, including Sedapal, with which they are seeking to overturn the government’s decree, arguing that the provisions add a ban on outsourcing that was not in the original law.

In addition, about 200 companies have safeguards in place, issued by Indecopi and the judiciary, that will allow them not to apply the restriction, which, according to experts, could further affect informality it already affects about eight out of 10 Peruvians.