Atria Energia is an electricity supplier that focuses its activities on the trading of power and energy. In addition, Atria has renewable power generation plants, such as solar photovoltaic power plants and wind power plants.
We advised Atria Energia in in a complex complaint against the Ministry of Labour and Employment Promotion before the Commission for the Elimination of Bureaucratic Barriers (CEB) of Indecopi, which is one of the few government agencies in the world that deals with government failures that impose illegal and non-rational regulatory burdens on the private sector. In this context, the compliant is related to the questioning of the two (2) following regulatory burdens which have been established within the Supreme Decree No. 006-2008-TR, which approves the Regulations of Law No. 29245 and Legislative Decree No. 1038, as amended by Supreme Decree No. 001-2022-TR:
a) The prohibition of outsourcing activities that are part of the core business of a company.
b) The requirement to consider as a denaturalisation of outsourcing when the displacement of workers by the outsourcing company is carried out for the development of activities that are part of the core business.
Therefore, our analysis included the development of the labour legal and regulatory framework in order to demonstrate why such barriers are illegal considering they are against the Law of Outsourcing. In addition, we also prepared a deep document that contained a requirement for issuing of a precautionary measure in order to avoid the application of the measures for Atria during the time of the proceeding until the obtainment of a final decision from the CEB.
We are awaiting for the CEB’s analysis in order to see the result of such analysis of the authority, considering that the consequence of declaring illegal or non-rational the prohibition and requirement is an order from the CEB to the Ministry of not applying them for the claimant (San Fernando).
