Bibliographic citations
Paredes, P., (2019). Suspensión perfecta en el procedimiento de cese colectivo por causas económicas y la vulneración a los derechos del trabajador. [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/4551
Paredes, P., Suspensión perfecta en el procedimiento de cese colectivo por causas económicas y la vulneración a los derechos del trabajador. [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2019. https://hdl.handle.net/20.500.12759/4551
@misc{renati/380495,
title = "Suspensión perfecta en el procedimiento de cese colectivo por causas económicas y la vulneración a los derechos del trabajador.",
author = "Paredes Valdiviezo, Patricia Fátima",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2019"
}
The objective of the present investigation is to determine the way in which the perfect suspension of work that is automatically granted in response to the employer's request in the collective dismissal procedure for economic reasons violates the worker's rights. In this way, current labor legislation, administrative resolutions issued by the Ministry of Labor, and doctrine on the matter were analyzed; using methods of analytical, synthetic and inductive research, and legal methods such as hermeneutics, doctrinaire, dialectic and comparative. Likewise, the signing and content analysis were used as data collection techniques, using the file and the analysis protocol as instruments, respectively. - The essential content of the right to work includes not only the obligation of the State to provide a job, through appropriate and timely economic and social policies, but also the right of the worker to keep his job, unless there is a cause or objective reason that justifies their separation. According to the results, the permanence of the worker in employment implies the enunciation of a principle of stability in employment, concretized, in a limited way in the impossibility of being dismissed without a just cause; likewise, the collective termination for economic reasons is an extinct figure of the labor link whose procedure is supported by the current labor legislation, which allows that, even without a resolution from the Labor Administrative Authority (AAT) on the real existence or not of the objective causes invoked by the employer, the perfect suspension of work is effected in advance during the period of the procedure, with the mere presentation of the application. In the present investigation it is concluded that the perfect suspension of work that is automatically granted at the request of the employer in the procedure of collective dismissal for economic reasons violates the rights of the worker in the sense that said mechanism is intended to suspend the obligations of the employer for his workers undermining their job stability and their right to receive remuneration for the provision of their services, without having fully proven the existence of the objective cause that justifies the collective dismissal
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