The Supreme Court has resolved Popular Action No. 30989-2023 declaring the nullity of Supreme Decree No. 001-2022-TR, which prohibited the tercerization of activities within the "core of business."
Main aspects of the pronunciation:
- The Supreme Court found that the Supreme Decree exceeded the provisions of Act No. 29245 by introducing an unintended restriction on the tercerization of specialized activities or works.
- It is concluded that the current legislation did not provide for a ban on the outsourcing of activities within the "core of the business."
- It should be noted that the Constitutional Court & apos; s decision on the matter is not binding on the analysis of the constitutionality of the rule, as it is for the judiciary to ultimately decide on popular action.
As a result, the possibility of outsourcing activities within the "core of the business" is re-established, in accordance with the rules in force.
The decision has taken effect since its publication in the Official Journal El Peruano, without retroactive effects.
