Bibliographic citations
Olortegui, M., (2023). El silencio administrativo positivo en la suspensión perfecta de labores y su relación con el principio protector, Trujillo 2020 - 2022 [Universidad Nacional de Trujillo]. https://hdl.handle.net/20.500.14414/19756
Olortegui, M., El silencio administrativo positivo en la suspensión perfecta de labores y su relación con el principio protector, Trujillo 2020 - 2022 []. PE: Universidad Nacional de Trujillo; 2023. https://hdl.handle.net/20.500.14414/19756
@mastersthesis{renati/1047394,
title = "El silencio administrativo positivo en la suspensión perfecta de labores y su relación con el principio protector, Trujillo 2020 - 2022",
author = "Olortegui Rondo, Maryoly Jenyfer",
publisher = "Universidad Nacional de Trujillo",
year = "2023"
}
The present work deals with the application of positive administrative silence, it was carried out with the purpose of determining the affectation to the protective principle; Hence, it has led us to title it: ''The application of positive administrative silence in the perfect suspension of work in emergency decree No. 038-2020 and the protective principle in the district of Trujillo''. The investigation was motivated by observing in labor processes the application of positive administrative silence regarding Emergency Decree No. 038-2020, in which the perfect suspension of work (SPL) has been considered as a special and different measure. to that regulated in article 15 of the Single Ordered Text of the Labor Productivity Law, approved by Supreme Decree No. 003-97-TR, to be applied in this crisis situation that the country has been going through. This Emergency Decree states that measures can be adopted to maintain the validity of the employment relationship and the receipt of remuneration, when at the same time the perfect interruption of work is facilitated. It is also mentioned, in general, that the agreement with the workers should be privileged, but a negotiation procedure with the workers or their representatives is not enabled, in order to explore less burdensome measures and make the agreements viable. Likewise, what is regulated in article 29 of Law No. 28806, General Law of Labor Inspection, has not been taken into account, which obliges legal operators to consult labor inspectors in the modification and elaboration of norms whose surveillance are entrusted. Therefore, it is not favorable for the workers and thus the protective principle is affected. Such a provision lacks any support and is constitutionally dubious, because it ends up tipping the balance in favor of one of the parties to the employment relationship, and not necessarily the contractually weakest. The investigation was carried out based on studies of the doctrine, jurisprudence and especially the Emergency Decree No. 038-2020; for which purpose the inductive-deductive and analytical-synthetic method has been used. It was determined that applying the perfect suspension of work will not always give a correct application. Therefore, applying the positive administrative silence in these perfect suspensions of work as a consequence, would be affecting the right to their remuneration of the workers.
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