Citas bibligráficas
Mego, J., (2024). Desregulación convencional de beneficios laborales obtenidos vía negociación colectiva y vulneración a los derechos adquiridos por los trabajadores [Universidad Nacional de Trujillo]. https://hdl.handle.net/20.500.14414/22159
Mego, J., Desregulación convencional de beneficios laborales obtenidos vía negociación colectiva y vulneración a los derechos adquiridos por los trabajadores []. PE: Universidad Nacional de Trujillo; 2024. https://hdl.handle.net/20.500.14414/22159
@mastersthesis{renati/1050833,
title = "Desregulación convencional de beneficios laborales obtenidos vía negociación colectiva y vulneración a los derechos adquiridos por los trabajadores",
author = "Mego Diaz, July Halbanine",
publisher = "Universidad Nacional de Trujillo",
year = "2024"
}
The COVID-19 pandemic that intensely hit the planet, especially in 2020 and 2021, introduced important changes in labor relations, which no one could have predicted; As a consequence, the way in which work was performed changed radically; The dining rooms were suddenly transformed into work tables, like the bedrooms into offices or study rooms in schools and universities. A situation that continues to this day and, everything suggests, will continue for an indefinite period of time. All of this also impacts the field of collective labor relations; designed to operate in a work context of close union and daily contact between workers, given their group nature. The new remote labor relations have definitely transformed these collective work relationships. The present work was developed in this new context. The Single Ordered Text of Law 25593 makes it possible for the parties to an employment relationship, through a Collective Agreement, to agree on benefits repealing the provisions of current Collective Agreements, even when these are favorable to the worker. Hence, given what is established in the aforementioned norm, in its Regulations, Supreme Decree No. 011-92-TR, and some judicial resolutions that have ruled on the subject, concerns arise about whether the repeal of labor rights acquired collectively and that are favorable to the worker, when repealed by other collective agreements, would be an attack against the Principle of Non-waivability and against the Principle of the Most Beneficial Condition, as they are enshrined in normative clauses that have become the assets. of the worker, when integrating the employment contract. In that sense, this research work aims to carry out a doctrinal analysis of these legal categories that need to be analyzed in the context of collective bargaining and the collective agreement, as these have been removed from their traditional structure of maintaining acquired rights.
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