Bibliographic citations
Ynga, E., (2017). El criterio de los jueces para determinar la indemnización por daño moral y el resarcimiento de un trabajador afectado por un despido inconstitucional [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/12412
Ynga, E., El criterio de los jueces para determinar la indemnización por daño moral y el resarcimiento de un trabajador afectado por un despido inconstitucional [Tesis]. PE: Universidad Privada del Norte; 2017. https://hdl.handle.net/11537/12412
@misc{renati/524141,
title = "El criterio de los jueces para determinar la indemnización por daño moral y el resarcimiento de un trabajador afectado por un despido inconstitucional",
author = "Ynga Peña, Ethel",
publisher = "Universidad Privada del Norte",
year = "2017"
}
ABSTRACT The present research makes an analysis about the dynamic nature of labor law, based on this, the research problem has been formulated as follows: In what way the criterion of the judges to determine compensation for moral damages allows a compensation of a worker affected by an unconstitutional dismissal in the sentences of the Superior Court of Justice of the Freedom of the year 2011 to 2016? This question with the application of methods and techniques detailed below, has been contrasted with the hypothesis, which is based on the fact that the criterion of the judges to determine compensation for moral damages does not allow in any way a fair compensation of a worker affected by an unconstitutional dismissal in the sentences of the Superior Court of Justice of the Freedom of the year 2011 to 2016. For this, a work based on methods and instruments according to the purpose, according to the design, and according to the level of research; Thus, with regard to the selected sample, it was determined to analyze 21 files related to unconstitutional dismissals and compensation for moral damages, and interviews were conducted with specialists in the area studied, in order to obtain reliable opinions on the subject of research, in order to compare them with the results obtained in the field study, as well as with the doctrine, jurisprudence contained in books, journals, etc., based on the application of techniques of documentary analysis and bibliographic analysis under the method of analysis - synthesis, the inductive - deductive method and phenomenological method; which has allowed us to arrive at a better understanding of the fact raised in the research problem and to verify if the hypothesis described reflects the information obtained. Arriving to the conclusion that the criterion of the judges to determine the compensation for moral damages does not allow in any way a fair compensation of a worker affected by an unconstitutional dismissal in the sentences of the High Court of Justice of the Freedom of the year 2011 to 2016; confirming the research hypothesis. To this end, it is recommended to extend the justifications that allow us to understand the need to compensate for moral damages to a worker who has been affected by an unconstitutional dismissal, beyond a compensated compensation, understanding the importance for the improvement of compensation for moral damages.
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.