Bibliographic citations
Gutierrez, D., Valles, A. (2024). Método de Caso Jurídico acceso al empleo del servidor público a plazo indeterminado casación N° 20310-2022. Lima [Trabajo de Suficiencia Profesional, Universidad Científica del Perú]. http://hdl.handle.net/20.500.14503/3085
Gutierrez, D., Valles, A. Método de Caso Jurídico acceso al empleo del servidor público a plazo indeterminado casación N° 20310-2022. Lima [Trabajo de Suficiencia Profesional]. PE: Universidad Científica del Perú; 2024. http://hdl.handle.net/20.500.14503/3085
@misc{renati/1059833,
title = "Método de Caso Jurídico acceso al empleo del servidor público a plazo indeterminado casación N° 20310-2022. Lima",
author = "Valles Criollo, Amarilis Xiomara",
publisher = "Universidad Científica del Perú",
year = "2024"
}
The present legal analysis of the research work called access to public servant employment with an indefinite period is based on a cassation decision issued by the Second Chamber of Constitutional and Social Transitory Law of the Supreme Court of Justice of the Republic, for the recognition of judicial servants subject to a fixed-term employment relationship subject to qualification as workers subject to indefinite employment. The matter under discussion is the violation of due process and article 05 of Law No. 28175, Framework Law of Public Employment, which, in the opinion of the Public Ministry, must be clarified through the aforementioned cassation decision (Cassation No. 20310 -2022). . Lime). Thus, it is clear that the plaintiff National Federation of Unions of the Judiciary – FENASIPOJ PERÚ, filed a lawsuit requesting the issuance of an administrative resolution that provides for the admission to the condition of indeterminate contract of judicial workers hired under the regime of Legislative Decree No.728; plus the payment of legal interest, costs and expenses of the procedure. The main objective of the cassation in question is to resolve the controversy arising from the strike suspension act of November 28, 2019, where the Judiciary undertook to issue an Administrative Resolution for entry into the condition of indefinite contract. judicial workers; determine whether the lower bodies resolved in accordance with the law. As a result of said analysis, it was obtained that by resolution of December 15, two thousand twenty-two, the appeal was declared admissible, on pages ninety-eight to one hundred and two; Consequently, the appeal was declared founded, of the two regulatory violations mentioned, only one was declared admissible, which is the violation of article 5 of Law 28175, Framework Law of Public Employment. Consequently, Law 28175, Framework Law of Public Employment, prevailed; and, they declared the lawsuit unfounded in all its aspects filed by the National Federation of Unions of the Judiciary – FENASIPOJ PERÚ, regarding an indeterminate employment relationship and others.
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