Bibliographic citations
Castillo, A., (2024). Criterios para sancionar actos de hostigamiento sexual en el ámbito laboral del sector privado peruano [Trabajo académico, Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/27452
Castillo, A., Criterios para sancionar actos de hostigamiento sexual en el ámbito laboral del sector privado peruano [Trabajo académico]. PE: Pontificia Universidad Católica del Perú; 2024. http://hdl.handle.net/20.500.12404/27452
@misc{renati/529712,
title = "Criterios para sancionar actos de hostigamiento sexual en el ámbito laboral del sector privado peruano",
author = "Castillo Beltrán, Ana Lucía",
publisher = "Pontificia Universidad Católica del Perú",
year = "2024"
}
This research work has sought to answer the following question: What are the criteria for sanctioning acts of sexual harassment in the private sector workplace? Therefore, the main objective of this paper was to determine such criteria, in order to have a clearer picture of what type of sanction to apply depending on the type of act committed and its severity, which is not done in the regulations on the subject. In this line, we have analyzed the concept of sexual harassment, the legal assets that the regulations on the matter seek to protect, the particularity of the disciplinary power in this matter, the legal principles of our legal system to apply sanctions in labor matters, as well as the usefulness of the restorative justice model within the investigation and sanction procedure. Thus, among the main conclusions we have reached, there is the one referred to the need for a regulatory amendment of D.S. No. 014-2019-MIMP, Regulation of the Law on Prevention and Punishment of Sexual Harassment, to expressly establish the criteria of typicality, proportionality and reasonableness to apply a sanction; to promote a space based on the restorative justice model for acts classified as minor; and it is also recommended to adapt the Guide issued by the Ministry of Labor and Employment Promotion (MTPE), which should include a classification of acts of sexual harassment, according to their level of severity and sanction to be applied.
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.