Bibliographic citations
Barrientos, J., (2017). Adecuada protección normativa del trabajador de confianza y el desequilibrio de los derechos del trabajador en el sector público en el Perú. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/1691
Barrientos, J., Adecuada protección normativa del trabajador de confianza y el desequilibrio de los derechos del trabajador en el sector público en el Perú. [Tesis]. : Universidad Andina del Cusco; 2017. https://hdl.handle.net/20.500.12557/1691
@misc{renati/960149,
title = "Adecuada protección normativa del trabajador de confianza y el desequilibrio de los derechos del trabajador en el sector público en el Perú.",
author = "Barrientos Paz, Julio Cesar",
publisher = "Universidad Andina del Cusco",
year = "2017"
}
At present, due to their closeness to the employer and the management functions they perform, or due to the effect of their opinions, some workers have received special treatment from the legal system. This is the case of management personnel and trusted personnel; in such a way, it has been a historical necessity that a special legislation has been created for these workers, as they are distinct from the workers and employees who work in the same entity, but who equally deserve social protection, regardless of whether the center work is a legal organization or natural person. Accordingly, the worker's relationship with the employer is known to be characterized by an imbalance between the parties that comprise it and by being of a synalagmatic and unequal nature, because on the one hand there is a subject charged with duties and another with faculties; in such a way, the new tendencies are oriented to strengthen the personal relationships and to achieve it, the workers' commitment to the objectives and values of the workplace is sought, participating in a team ethic respecting an ethical code that goes beyond the strict legal obligations. Taking into account concepts of strengthening personal relationships in the work centers seeking to reach objectives set as a whole, it is also sought to have equal rights especially for management and trust workers in relation to other workers who enjoy different benefits. Thus, with the passage of time there has been much discrepancy in legislation, doctrine and jurisprudence regarding their proper treatment of these workers, on the imbalance of fundamental rights of the worker. Likewise; With reference to the fundamental rights of the worker, the injurious dismissal brings with it the consequence of the replacement of the same in his job, this in order to guarantee the fundamental right of the worker; However, this is not the case with management and trust workers, given that in this case there is a withdrawal or “loss of confidence“ that is not found in any rule and is therefore a jurisprudential invention, in that sense it is a cause that may lend itself to arbitrary or discretional use by the employer violating the worker's rights. For this reason, the main objective of the research work is to determine why the inadequate normative protection of the trustworthy worker generates the imbalance of workers' rights in Peru, taking into account that it is essential to pay attention to the fundamental rights of the worker. Either management and trust workers or common workers.
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