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Labor outsourcing restrictions set by the Department of Labor and Employment Promotion (MTPE) came into effect this week. However, several Business They file lawsuits with the judiciary and Indecopi to avoid being affected.
With this in mind, the National Institute for the Protection of Competition and Intellectual Property (Indecopi) Bureaucratic Barriers Committee determined that the changes dictated by the MTPE are a bureaucratic barrier.
The Indecopi resolution has already received a response from Ministry of Laborwhich issued a statement warning that it would initiate legal and administrative action against authorities that disagree with outsourcing restrictions.
“We call on the authorities to respect the rules issued by this sector to protect the rule of law and the rights of workers. In this sense, if decisive action is taken that is contrary to these rights, the Ministry of Labor and Employment Promotion, within its powers, will initiate appropriate legal and administrative claims,” they note in their statement.
During the week, Labor Minister Alejandro Salas also spoke out, pointing out that labor rights are not bureaucratic barriers.
It won’t be the first time PEMT is facing another institution as a similar statement was released in July, in which they assured that officials applying safeguards or similar measures would be subject to disciplinary or criminal sanctions.
Despite these warnings, it is known to date that no procedures have been initiated for these reasons.
Position Indecopi
In its decision, Indecopi argued that MTPE did not have the authority to impose outsourcing restrictions. Therefore, they provide for the inapplicability of DS 001-2022-TR, declaring it illegal, in relation to all business entities and / or citizens affected by its introduction.
The agency also noted that bureaucratic barrier it is illegal to require that the movement of workers by an outsourcing company to develop the core activity be considered a distortion of outsourcing.
According to Indecopi, there are currently 94 complaints against MTPE after the labor outsourcing restriction.
Source: RPP
I am Dylan Hudson, a dedicated and experienced journalist in the news industry. I have been working for Buna Times, as an author since 2018. My expertise lies in covering sports sections of the website and providing readers with reliable information on current sporting events.