It’s Official: The Ban On Outsourcing The Core Of The Business Is An Illegal Bureaucratic Barrier

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On Saturday, July 22, 2023, Resolution No. 0270-2023/CEB-INDECOPI (hereinafter, “Resolution”) was published in the Extraordinary Edition of the official newspaper El Peruano, through which the Commission for the Elimination of Barriers Bureaucráticas del Indecopi has declared the following measures established by the Ministry of Labor and Employment Promotion (MTPE) through Supreme Decree No. 001-2022-TR (which modified the Regulations of the Outsourcing Services Law) as illegal bureaucratic: :

a) The prohibition of outsourcing activities that are part of the core business of a company.

b) The requirement to consider outsourcing as distortion when the posting of workers from the outsourcing company is carried out for the development of activities that are part of the core of the business.

With the publication of this Resolution in the newspaper El Peruano, the non-application of said illegal bureaucratic barriers has general effects for all economic agents and citizens affected by their imposition, as of July 23, 2023.

As a result… Read more

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