On 23 February 2022 Supreme Decree N° 001-2022-TR was enacted. It modified the Regulations of Law N° 29245 and Legislative Decree N° 1038, which concerns the legal framework of outsourcing services in Peru.
The new regulations took effect on 24 February 2022.
The main changes include the following:
Limitations to scope of outsourcing services
The outsourcing of activities related to the company’s core business are forbidden.
Inclusion of the new term “core business”
Core business is defined as the activities that are part of the “main activity of the company”. They do not correspond to specialized activities or work that can be outsourced.
In order to identify the core business in each case, the following criteria, among others, should be considered:
- The corporate purpose of the company;
- What is the identity of the company in front of consumers;
- The special characteristic of the company within the market in which it carries out its activities;
- The company’s activity that generates added value for its consumers; and
- The company’s activity that usually reports the highest income.
Implementation period
Companies must adapt to the new regulations within the next 180 calendar days.
During such period, outsourcing companies are not allowed to terminate the agreement of the employees assigned to the core business, unless the main company engages said employees and register them in its own payroll.
Outsourcing denaturation
“Denaturation” refers to the invalidation of the outsourcing scheme. The direct consequence is that the outsourced personnel must be included on the payroll of the company and therefore will be considered as permanent employees of the company.
New cases of the outsourcing’s denaturation:
- When the purpose of the displacement of personnel is developing the core business.
- When companies do not adhere to the new regulations after the 180 day transition period.
More to explore
