Bibliographic citations
Soria, W., (2019). El Ius Variandi como potestad facultativa del empleador y los criterios de razonabilidad en los trabajadores de las empresas del sector privado [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/3913
Soria, W., El Ius Variandi como potestad facultativa del empleador y los criterios de razonabilidad en los trabajadores de las empresas del sector privado [Tesis]. PE: Universidad Andina del Cusco; 2019. https://hdl.handle.net/20.500.12557/3913
@misc{renati/18978,
title = "El Ius Variandi como potestad facultativa del empleador y los criterios de razonabilidad en los trabajadores de las empresas del sector privado",
author = "Soria Yabar, Wilfredo",
publisher = "Universidad Andina del Cusco",
year = "2019"
}
We take into account that the subjects acting within an employment relationship, both the employer and the worker, are subjects that are within a contractual relationship, by means of which the working conditions are established, which strictly should be framed within current labor legislation, in this way we understand that the agreement of wills of both parties is enshrined with the signing of the contract; on that line of ideas, it would be understood that everything agreed in the labor contract should be mandatory, and for no reason could unilateral changes be made to the contract, and on this last point is that this research work is about; that optional power that the employer enjoys being able to make modifications to the contract unilaterally, provided that these obey a justified need of the company. Legislative Decree No. 728, is the legal body that grants such power to the employer, which has limits in its exercise since two prerequisites must be configured for its exercise, which occurs within the criteria of reasonableness and responds to the founded needs of the company, so that it is not possible for the employer to exercise this power without any control, on the contrary, this research work aims to propose the legislative incorporation of the “questioning of the use of the Ius Variandi”, with the sole purpose of being able to know the reasons that motivate the unilateral changes of the contract, more specifically the geographical changes of the workplace, which must be duly based on the reasonableness and justified need of the company. So that any contractual variation, whether in the change of functions, additional functions, working hours and among others that do not cause harm to the worker, would have to be supported by urgent needs of the company and not only by a provision for part of the employer, or immediate boss.
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