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Legislative Decree

March 8th, 2018

In the month of August of the present year, I made a personal commentary with respect to the normative reaches of Decreto Legislativo (DL) N 1057 Legislative Decree that Regulates the Special Regime of the Administrative Hiring of Services. In its opportunity, like in the present, we considered important to extend such commentary, every time in Peru, after 20 years are corrected more, partly, transgressions to the spirit of the labor laws, materialized in contractual bonds, then denominated, nonpersonal services; I tie legal under which to June of the 2008 were subjects around 90.000 Peruvians. Also, we indicated that although is certain with dacin of DL 1057 (in future DL), a problematic improvement in the labor one in the country is demonstrated, this one measurement does not constitute a solution and fits complete to the labor norms; especially if dated 25 of November of the 2008 the Regulation of this device has been published in the Official Newspaper Peruvian, the same that has been approved by means of Supreme decree (DS) N 075-2008-PCM (in future Regulation); reduced legal body that does not do more than to ratify the own ends of the first norm and to alleviate aplicativas doubts of its reaches before and after its approval; what it makes me conclude that more than to look for to provide with the service of social insurance the people who toil under this one regime, looks for to fulfill part of the emergent obligations of the Free Trade Agreement subscribed recently with the United States of North America (TLC), the same that demands the implementation of some legal mechanisms that surpass labor uncertainty and thus credits a competitiveness before the exigencies of its implementation, framing itself within the minimum exigencies established by the Organization the International of Trabajo (OIT). It is possible to limit that this one new regime of hiring (not to call it labor regime properly), is of application to all subject public organization to the Legislative Decree N 276, Law of Bases of the Administrative Race and of Remunerations of the Public Sector, and to other norms that regulate special administrative races; also, to the subject public organizations to the labor regime of the deprived activity, except the companies of the State.. (As opposed to novelist).


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