Citas bibligráficas
Salazar, K., Lopez, S. (2024). Principio de primacía de la realidad en el marco legal de la tercerización [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/675009
Salazar, K., Lopez, S. Principio de primacía de la realidad en el marco legal de la tercerización [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2024. http://hdl.handle.net/10757/675009
@misc{renati/1298681,
title = "Principio de primacía de la realidad en el marco legal de la tercerización",
author = "Lopez Rojas, Sofia Alejandra",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2024"
}
The present research focused on the analysis of Appeal No. 33874-2019, filed by Leoncio Alania, a subcontracted worker, against the co-defendants Sociedad Minera Austria Duvaz, the main company, and Cuprita JP, the subcontractor, regarding a case of labor outsourcing. From this, it was derived that the appeal developed an analysis of outsourcing as the subcontracting of companies that carry out specialized activities, taking responsibility for the services provided by themselves, at their own risk, resources, and liability for the results of the objective and their workers. In this sense, it was noted that these requirements were affected by indications suggesting the lack of independence of the subcontractor from the main company, such as the provision of supplies, safety equipment, training, permits to access machinery and facilities of the main company, among others, which suggested a lack of self-sufficiency of the subcontractor. This led the court to determine the existence of subordination among subcontracted workers, as well as the denaturalization of the outsourcing contract entered into by the co-defendants. Finally, based on the analysis of jurisprudence, regulations, and consulted doctrine, it can be concluded that the principle of the primacy of reality must be observed for the analysis of the autonomy of companies as a determining element in outsourcing, evidenced by the study of outsourcing elements under the criteria of company autonomy, analyzing not only the content of the documentation but also the facts that occurred in reality.
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