Romero, J. (2015). La tercerización de servicios y la razón por la que afecta negativamente a la funcionalidad de los derechos laborales [Tesis, Cajamarca, Universidad Privada del Norte]. https://hdl.handle.net/11537/5611
Romero, J. La tercerización de servicios y la razón por la que afecta negativamente a la funcionalidad de los derechos laborales [Tesis]. : Cajamarca, Universidad Privada del Norte; 2015. https://hdl.handle.net/11537/5611
title = "La tercerización de servicios y la razón por la que afecta negativamente a la funcionalidad de los derechos laborales",
author = "Romero Garcia, Jorge Luis",
publisher = "Cajamarca;Universidad Privada del Norte",
year = "2015"
ABSTRACT Currently are varied causes why companies decide to decentralize some productive unit chain of production, the most significant being the constant search for efficiency and cost reduction, which would achieve more competent in a particular market sector . In this sense, from a business point of economically outsourcing is a useful tool for employers, because contributes to companies to develop its objects with minimal costs and achieve greater competitiveness. This economic advantage propels this business recruitment strategy being used with increasing frequency in our country; however, leaving aside the purely economic aspect and addressing the outsourcing from a viewpoint focused from the functionality of labor rights, outsourcing can result in certain cases negative and harmful because it prevents that individual labor rights both as collective- of workers involved are exercised effectively, because it allows remuneration and economic benefits inequalities also dent or restricts freedom of association and collective bargaining, for instance. In this context this thesis, which mainly is doomed to determine the cause for the outsourcing of services restricts the functionality of individual labor rights both as workers collective- of outsourcers in outsourcing processes developed service to our country. To achieve our purpose is important to sitting at the outset that we are not against using this business strategy, but if we strive for the Prohibition of fraudulent use, which is favored by a regulation which, as any human activity - is perfectible and requires certain modifications to better regulate how this form of corporate engagement, so that a balance between the interests of employers and workers, work is not easy because it is achieved both interests are historically antagonistic. In the development of the problem shows that the outsourcing of services is not a new phenomenon and has been used frequently not only in Peru but worldwide, making it necessary to have a rule that regulates the efficiently and uniformly. Also, since this is a global phenomenon laws are analyzed compared to determine which treatment you receive in the closest and most influential in our national legal system countries, with important experiences Uruguay where it allows the main activities also be subject to outsourcing, the case of Mexico where it has established a virtual record subcontractors and the case of Ecuador, where mandated Constituent N ° 08 is prohibited from holding outsourcing contracts or job placement; how to analyze fully our current Act Outsourcing and from offering certain specific suggestions that would achieve a happier and efficient regulation, which finally unleash the most efficient protection of labor rights criticism. Also, certain collective agreements were analyzed, which shows that these benefits are achieved favoring only employees of major companies, and also in collective agreements not matters relating to the outsourcing of services are negotiated. Were also considered in the analysis judgments of the Constitutional Court, the Supreme Court and the Superior Court of Cajamarca on the outsourcing of services, which are very illustrative know how they enable been facing this problem from the case.
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