Citas bibligráficas
Rosario, E., (2018). El precedente Huatuco desde el control de constitucionalidad y de convencionalidad [Trabajo de investigación, Universidad Privada de Trujillo]. http://repositorio.uprit.edu.pe/handle/UPRIT/122
Rosario, E., El precedente Huatuco desde el control de constitucionalidad y de convencionalidad [Trabajo de investigación]. : Universidad Privada de Trujillo; 2018. http://repositorio.uprit.edu.pe/handle/UPRIT/122
@misc{renati/7756,
title = "El precedente Huatuco desde el control de constitucionalidad y de convencionalidad",
author = "Rosario Quiliche, Eder Asunción",
publisher = "Universidad Privada de Trujillo",
year = "2018"
}
The present job is called “El Precedente Huatuco from the control of Constitutionality and Conventionality“ many private and public companies before their arbitrary dismissal to workers in terms of fixed term contracts, personal service provision, subordination. I have considered matter Legislation, doctrine and Constitutional Jurisprudence: Previous case Huatuco using research methods: Analytical method, deductive, legal (exegetical dogmatic); as well as techniques and instruments (signing, documentary analysis, information sheet) The binding precedent has the effects of a law so these can not affect, much less ignore and go beyond Constitutional Norms, principle of hierarchy of rules, in strict application of Article 51 of our Political Constitution of the State prescribes that: “ The Constitution prevails over all legal norms. “ Therefore, the previous Huatuco to ignore a right already acquired by the denaturalization of an employment contract, which is the condition of a worker with an indefinite term contract and if his replacement is dismissed in the same position, in application of Article 27 Constitution that prescribes: “The Law grants the right worker against arbitrary dismissal“ corresponds to the Principle of Normative Hierarchy the previous Huatuco. Irrenunciability of rights (paragraph 2) of Article 20 of the Political Constitution of the State, taking into account the inalienable nature of labor rights advocated by Article 26 of the Constitution, it is relevant to highlight the continuity in the administrative tasks performed by the applicant independently of the modality of its hiring, fact that allows to conclude that the supposed contracts of lease of services and administrative contracts of services concealed, in fact, a relation of labor and non-civil nature, reason why the plaintiff could only be dismissed for derivative cause of his conduct or work capacity that justifies it; what has not happened in the present case (highlighted and underlined is ours). They are Vulnerated Rights. Right to Dignity and situation of the Worker (Article 1 of the Political Constitution of the State) Whoever offers better labor benefits to the worker is precisely the worker who is subject to the common private labor regime, well above the regime of administrative contracting of services (CAS), therefore the variation of a more progressive modality to a lower protection and benefits, it implies a reduction of the rights or conditions already granted to the worker, which would imply a regressivity of benefits, which threatens the dignity and situation of the worker, in application of article 1 of the Constitution (Vulnerated Rights) Principle of Progressivity of labor rights just the impossibility of reducing or illuminating the protection or recognition of a right or condition already granted to the worker, with the criterion of conservation or non-repeal of the most favorable regime for it; therefore the State can not issue a legislative or judicial measure tending to diminish a right or legal status already recognized, to the weakest part of the labor relationship (Rights that violates the precedent) “Article 26 of the American Convention on Human Rights. Progressive Development “(Article2.1 of the International Covenant on Economic, Social and Cultural Rights“. Thanks to the law of the State Constitution; to the ILO International Labor Pacts in defense of workers who violate labor rights and benefits, such as the binding precedent in STC No. 05057-2013-PA / TC (Rosalía Beatriz Huatuco Huatuco Case).
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