The left-wing Popular Democratic Bloc presented a project in which it proposes that “the outsourcing of the activities that form part of the core of the business.”
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This proposal, which undermines formal employment, is similar to the controversial Supreme Decree 001-2022-TR, issued during the administration of the investigated former Minister of Labor Betssy Chávez.
This decree was declared an illegal bureaucratic barrier by Indecopi through Resolution 270-2023.
“The reason for the illegality is that the Ministry of Labor is violating Article 3 of the Outsourcing Services Law, which establishes that outsourcing contracts are intended for a third-party company to take charge of an integral part of the production process, without establishing limitations,” Indecopi stated at the time.
According to labor lawyer Ricardo Herrera, if the left’s proposal is approved, it would be unconstitutional because it affects the freedom of work, business and industry.
“There are many rulings by the Constitutional Court that have applied the current outsourcing law because it is fully constitutional,” he said.
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