Bibliographic citations
Ramirez, I., (2022). Precisiones en torno al posible resarcimiento del daño moral como consecuencia del despido arbitrario [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/21846
Ramirez, I., Precisiones en torno al posible resarcimiento del daño moral como consecuencia del despido arbitrario []. PE: Pontificia Universidad Católica del Perú; 2022. http://hdl.handle.net/20.500.12404/21846
@misc{renati/529523,
title = "Precisiones en torno al posible resarcimiento del daño moral como consecuencia del despido arbitrario",
author = "Ramirez Albornoz, Irina Betsy",
publisher = "Pontificia Universidad Católica del Perú",
year = "2022"
}
This academic article hereby exposes the author's reasoning towards a possible indemnization for a non-material damage as a consequence of an arbitrary layoff in a synthesized manner, pretension that has been invoked in claims for damages initiated by workers who have been fired in an illicit way, which -as long as there is an indemnizationhas not encounter rejection in the unconstitutional firing cases by our judiciary which have as a legal effect the annulment of the layoff, however, in the alleged arbitrary layoffs regulated by the Art. 34 of the Productivity and Labor Competitiveness Law, the judicatory as well as the doctrine have developed contradictory views regarding the advocacy of an indemnization for non-material damage, as long as under a verbatim interpretation of the beforehand mentioned normative text, it is established for the aforementioned, severance pay is stipulated as only juridic remedy in favor of the fired worker. From this brief, two main topics will be analyzed to which this article will talk about and are referring to the proving aspect of the non-material damage generated because of illegal termination. The first one has the intention of clarifying a matter that is referring to the assumption of this damage which has been a debated matter at the jurisdictional control of the Court during the years of 2018 and 2019. And the second one proposes a probably novel matter, referring the possibility of knowing a punitive function of the public liability regarding the indemnification of the non-material damage, this way when establishing the indemnifying quantum, the severity of the unjustified termination is considered, this fat presupposes the violation of a fundamental right such as the right to work and in some cases at the same time the violation to other fundamental rights.
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