THE DECISION FAVORS EXPLOITING COMPANIES THAT ABUSE OUTSOURCING.
The General Confederation of Workers of Peru – CGTP, national addresses and international public opinion to denounce that the special team of the Public Prosecutor’s Office of the Ministry and Employment Promotion in charge of defending legality and constitutionality of Supreme Decree No. 001- 2022-TR on labor outsourcing and Supreme Decree No. 014-2022-TR on collective labor relations, has been factually deactivated. In this regard, we state the following:
The Legal Defense of the State is a function of particular relevance within the Constitutional State of Law, even more so if it is about defending legal norms that guarantee respect for the dignity of workers.
The indiscriminate and abusive use of work outsourcing in our country has had negative effects even on the main activities of companies, opening the door to legal fraud and the possibility of emptying the figure of the employer of content. In addition, it brought about great effects on the individual and collective rights of workers, such as: the enormous wage between outsourced workers compared to what workers of the main companies earn, the low rate of union affiliation, the use of excessive use of temporary contracts that are used as discursive mechanisms for the possibility of joining a union, among others. Because it was a legal and moral imperative to restrict it and limit it in a reasonable way where it is most dangerous: in the main activities.
It should also be remembered that the Constitution is clear in guaranteeing the promotion of collective bargaining, respect and guarantees of union freedom and respect for the dignity of workers, which cannot be ignored in any employment relationship, including work relations in the framework of indirect contracting as the case of outsourcing. U.S., let us remember that these forms of indirect contracting are exceptional, direct to be the general rule.
In this line, Supreme Decrees No. 001-2022-TR and 014-2022-TR represent explicit guarantees for the protection of the rights of workers in outsourcing companies, and above all of their dignity, as well as the protection of the freedom of association and the promotion of collective bargaining, respectively.
The Minister of Labor and Employment Promotion, despite having clear duties to guarantee a safe defense of the interests of the State and the regulations issued to guarantee the rights of workers in our country, has been omitted to comply with them, since the team of MTPE professionals in charge of defending the constitutionality and constitutionality of the norms, has been deactivated in practice.
This omission is serious because it demonstrates a clear breach of their commitments, not only legal and constitutional – it should be remembered that the defense of the Constitution is a duty of all public officials – but also of their political commitments assumed in the working class.
At this juncture, and with Labor Day approaching, workers’ organisations must enforce our constitutional rights and demand that the political authorities – including, of course, the Ministry of Labor and Employment Promotion – comply with their duties to defend the Constitution and the fundamental rights of the working class.
The CGTP calls on all its union bases to mobilize this May 1: International Workers’ Day, whose concentration will be in Plaza Dos de Mayo, at 9:00 a.m.
Lima, April 22, 2023