Citas bibligráficas
Nuñez, D., (2019). La responsabilidad solidaria de los grupos de empresas frente a los adeudos laborales [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/5533
Nuñez, D., La responsabilidad solidaria de los grupos de empresas frente a los adeudos laborales [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2019. https://hdl.handle.net/20.500.12759/5533
@misc{renati/372075,
title = "La responsabilidad solidaria de los grupos de empresas frente a los adeudos laborales",
author = "Nuñez Arévalo, Daniel Augusto",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2019"
}
The thesis that we have called ““The joint and several liability of the groups of companies against labor debts““, is aimed at determining the way how the joint liability of the groups of companies should be regulated to avoid the abusive exercise of the right of the employer in front of to the payment of labor debts. In this sense, the formulation of our Problem was as follows: HOW TO REGULATE THE SOLIDARITY RESPONSIBILITY OF THE GROUP OF COMPANIES TO PREVENT THE ABUSIVE EXERCISE OF THE RIGHT OF THE EMPLOYING PARTY AGAINST THE PAYMENT OF LABOR DETAILS, against which we set ourselves the following main objectives: i) Explain the doctrinal and normative aspects of the legal phenomenon of the Groups of Companies in the labor field of our country; ii) Describe the type of responsibility of the Groups of Companies against the labor debts that correspond to the worker in Peru and in the comparative legislation; iii) Develop budgets to regulate the joint liability of the Groups of Companies; and, iv) Prepare a proposal for regulatory regulation of the Groups of Companies, incorporating the budgets that must concur to configure the joint and several liability against the labor debts that correspond to the worker. Regarding the statement of the hypothesis, we have formulated the following: ““It should be regulated having as configurator budgets the economic connection, the rendering of services, the patrimonial confusion and the abusive use of the Group of Companies, thus avoiding the abusive exercise of the right of the employing party against the payment of labor debts ““. In application of the various logical and legal methods, including the methods of interpretation, analytical, deductive and synthetic, it was concluded that the regulation of the Solidarity Responsibility of the Groups of Companies must include the configurating elements of this figure referred to: economic linkage, provision of services, patrimonial confusion and abusive use, in order to provide greater protection and legal security to the worker and in this way avoid as far as possible the abusive exercise of the right of the employer against the payment of labor debts, as it is supported by the most qualified doctrine as well as the national and foreign jurisprudence that we have analyzed in this investigation. Likewise, it is concluded that the budgets that make up the joint liability of the Groups of Companies in the labor relations turn out to be the following: economic linkage, the rendering of services, the patrimonial confusion and the abusive use of the group of companies. In this investigation we find in Chapter I, the Problematic Reality, the Research Problem, the Objectives, the Justification and the Antecedents or previous investigations. In Chapter II, we present what is related to the Theoretical Framework, where we can find issues related to the general aspects of the Groups of Companies, the responsibility of the Groups of Companies against the labor debts, and the budgets for the regulation of joint and several liability of Business Groups Chapter III is referred to the methodological issues, where we find specifically the hypothesis and its respective variables. In Chapter IV we present and discuss the results of the research, especially at the level of theoretical foundations and results of comparative legislation.
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