Bibliographic citations
Cruzado, A., (2019). La afectación de los derechos fundamentales de la trabajadora embarazada al extinguir el empleador la relación laboral durante el período de prueba [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/6346
Cruzado, A., La afectación de los derechos fundamentales de la trabajadora embarazada al extinguir el empleador la relación laboral durante el período de prueba [Tesis]. PE: Universidad Privada del Norte; 2019. https://hdl.handle.net/11537/6346
@misc{renati/519786,
title = "La afectación de los derechos fundamentales de la trabajadora embarazada al extinguir el empleador la relación laboral durante el período de prueba",
author = "Cruzado Cachi, Alberto Renato",
publisher = "Universidad Privada del Norte",
year = "2019"
}
ABSTRACT This research aims to study all the edges that encompasses the termination of the employment relationship by decision of the employer of a pregnant worker during the trial period; in that sense, we will proceed to examine in greater depth the aforementioned situation, because as you know, during this initial stage of the employment contract, both employer and worker may terminate the employment relationship without express or accredit some, without that it will generate some responsibility cause. In this outline of ideas, on the one hand we have the statute of the faculty of enjoying employer during the trial period, and secondly, the exercise of the fundamental rights of pregnant workers, the same that are active at any stage of Work contract; they can be violated as long as the employer incurs an arbitrary exercise of the statute of faculty employment, this as a result of the discomfort, and increased labor costs that will maintain an employment relationship with a worker in state gestation. In this context, we will proceed to propose a legal solution that will protect pregnant worker during the trial period; without requiring that the employer has the power lost during that period, which basically consists in evaluating the skills and behavior of the pregnant worker, it is only the rationale for the trial period, and the diligent performance of the statute of faculty employment. We have outlined as support the theory of employment stability, instructed by Colombian law, the legal basis established in the foreign judgments to be developed in this research, and international treaties, specifically, the Conventions of the International Labour Organisation ( ILO), and related to Human Rights, which will be played integral with the provisions of our Constitution, in relation to the fundamental rights of the pregnant worker so.
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