Bibliographic citations
Chávez, P., (2018). Reposición laboral por despido incausado en el régimen privado de la Administración Pública en la Sala Civil de Loreto 2015-2016 [Tesis, Universidad Nacional de la Amazonía Peruana]. http://repositorio.unapiquitos.edu.pe/handle/20.500.12737/5734
Chávez, P., Reposición laboral por despido incausado en el régimen privado de la Administración Pública en la Sala Civil de Loreto 2015-2016 [Tesis]. : Universidad Nacional de la Amazonía Peruana; 2018. http://repositorio.unapiquitos.edu.pe/handle/20.500.12737/5734
@misc{renati/1754075,
title = "Reposición laboral por despido incausado en el régimen privado de la Administración Pública en la Sala Civil de Loreto 2015-2016",
author = "Chávez Inga, Pablo Jesús",
publisher = "Universidad Nacional de la Amazonía Peruana",
year = "2018"
}
The purpose of the study was to determine the criteria established for the labor reinstatement by uncaused dismissal of the workers of the Labor Regime of the Private Activity, in the Public Administration by the Civil Chamber of Loreto in the years 2015 - 2016, and if these are of conformity with the legal order in force at national level as supranational. For this purpose, quantitative, non-experimental, transversal, simple descriptive research was used. Taking as the most relevant results of the investigation, that in 29.4% of the cases the room considered the principle of the Primacy of Reality, the 3 essential elements of the work contract and the criterion of the Distinguish technique; in 23.5% it was considered at the beginning of the Primacy of Reality; the essential elements of the work contract and the application of the Huatuco Constitutional precedent; 17.6% applied the principle of the primacy of reality and the essential elements of the work contract; 14.7% only the Huatuco Constitutional precedent was applied; 11.8% It was not appropriate to apply Huatuco and finally 2.9% applied exclusively the criterion of the Distinguish technique. Likewise, in relation to the judgments, it is necessary to have a higher percentage of the Sala Declared Funded, and as a consequence it ordered the replacement of the worker in 58.8%; followed by 32.4% where it declared inadmissible and with 2.9% it was considered the nullity of sentence of first instance. In the judgments with a ruling declaring the claim inadmissible, the worker's method of income was as a municipal worker. In the judgments with ruling declaring the nullity, the modality of income of the worker was in quality of municipal worker and location of services. In the judgments with a decision declaring the inadmissibility, the modality of entry of the worker was through the Administrative Contract of Service. When the ruling declared Funded, and as a consequence the reinstatement was ordered, the modality of the worker's income was through the Fixed-term work contract by 40%; through the Quality of municipal worker and location of services by 20%; through Workers 'Quality, CAS and fixed-term work contract subject to specific service modality with 15% and 10% through Municipal Workers' Quality. Finally, when the ruling declared the Inadmissibility of the worker, it was considered to apply the Huatuco Constitutional precedent. When the ruling declared nullity the criterion of the Distinguish technique was considered. When the ruling declared inadmissible the application, it was considered to apply the Constitutional Huatuco precedent in 27.3%, while when the Huatuco precedent was not applied it was 36.4% and, on the contrary, when the principle of application was applied. Primacy of reality, the essential elements of the employment contract and the binding constitutional precedent were given in 27.3%, and finally when the ruling declared the claim well founded and as a result the reinstatement of the worker, it was considered to apply the Primacy of the reality, the essential elements of the work contract and the criterion of the Distinguish technique by 50%; whereas, when the principle of primacy of reality was applied, the essential elements of the work contract were given in 30%, and finally when the principle of primacy of reality was applied, the essential elements of the work contract and the Huatuco constitutional precedent occurred in 20%. By such considerations, it can be affirmed that there is congruence between the consideration part and the resolutive part of the judgments, also there is a relationship between the consideration part and the worker income entry modality.
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