Bibliographic citations
Moena, Y., (2023). La motivacion de resoluciones judiciales y el derecho de huelga– casación laboral n° 22596-2018-Lambayeque [Trabajo de suficiencia profesional, Universidad Científica del Perú]. http://hdl.handle.net/20.500.14503/2678
Moena, Y., La motivacion de resoluciones judiciales y el derecho de huelga– casación laboral n° 22596-2018-Lambayeque [Trabajo de suficiencia profesional]. PE: Universidad Científica del Perú; 2023. http://hdl.handle.net/20.500.14503/2678
@misc{renati/197336,
title = "La motivacion de resoluciones judiciales y el derecho de huelga– casación laboral n° 22596-2018-Lambayeque",
author = "Moena Tejada, Yuly",
publisher = "Universidad Científica del Perú",
year = "2023"
}
The research work entitled “THE MOTIVATION OF JUDICIAL RESOLUTIONS AND THE RIGHT TO STRIKE - LABOR APPEAL N° 22596-2018- LAMBAYEQUE“, includes the descriptive study of the institutions contained in the resolution of the Supreme Court of Justice in the appeal, which are referred to the motivation of judicial resolutions, and the right to strike, to then make criticisms and alternatives for legislative improvement regarding the regulation of the right to strike in its irregular exercise. The appeal originates from the appeal filed by the plaintiff Gian Carlos Zapata Ortiz, against the hearing resolution that revokes the appealed ruling that declares the claim founded, declaring the claim unfounded, in the process followed by Gian Carlos Zapata Ortiz against Unión de Cerveceras Peruanas Backus y Johnston Sociedad Anónima Abierta, on challenging the disciplinary sanction The Supreme Constitutional and Social Chamber of the Supreme Court of Justice, declares the appeal admissible, for normative violation subsection 5) article 139 of the Political Constitution of Peru, and for normative violation of article 74 and 84 of Supreme Decree 010-TUO of the Law of Collective Labor Relations. The demanded claim is to declare null and void the sanction of 2 days of suspension without pay for participating in the strike on June 16 and 17, 2016, requests payment of the days of suspension. In the first instance, the claim is declared founded, in the second instance the sentence is revoked, because the stoppage of work was declared inadmissible by Directorial resolution, the worker was obliged to go to the workplace, the position performed is of an essential nature, the worker was aware of this situation before the execution of the strike, by not attending the workplace he failed to comply with his labor obligations. The description of the resolution raises the problem about the treatment given to the duty of the motivation of judicial decisions, and the exercise of the right to strike and the consequences that it derives from its irregular exercise, which raises the xii 12 need to meet legal requirements in the formulation of the appeal and the regulatory review on the exercise of the right to strike from the analysis of the resolution in cassation, and raise legislative precisions taking into account the resolutions issued in cassation by the Supreme Court of Justice which have been contradictory over time.
This item is licensed under a Creative Commons License