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Now showing items 1421-1430 of 11112
Apuntes sobre la posibilidad de reconocimiento del grupo de empresas como empleador en el Perú
(Pontificia Universidad Católica del Perú, 2023-03-24)
ello es posible siempre que el grupo de
empresas como tal sea quien contrate y reciba la prestación subordinada de los
servicios. Finalmente, se examinan las dificultades que podrían generarse con
relación a los derechos colectivos y a la participación...
This research analyzes the possibility of recognizing the group of companies as employer in an employment relationship. It begins by identifying the elements necessaries for the configuration of the as an employer, based on national and Spanish doctrine, legislation and jurisprudence. Then, we analyze whether, in the Peruvian legal system, the group of companies can be considered as the employer, concluding that this is possible as long as the group of companies is the one who hires and receives the subordinated services. Finally, the difficulties that could arise in relation to collective rights and profit sharing of the group's employees are examined, concluding that the recognition of the group as an employer does not limit their exercise....
This research analyzes the possibility of recognizing the group of companies as employer in an employment relationship. It begins by identifying the elements necessaries for the configuration of the as an employer, based on national and Spanish doctrine, legislation and jurisprudence. Then, we analyze whether, in the Peruvian legal system, the group of companies can be considered as the employer, concluding that this is possible as long as the group of companies is the one who hires and receives the subordinated services. Finally, the difficulties that could arise in relation to collective rights and profit sharing of the group's employees are examined, concluding that the recognition of the group as an employer does not limit their exercise....
Despido nulo por embarazo y maternidad: análisis de la protección reforzada de la trabajadora y su incidencia en la carga probatoria
(Pontificia Universidad Católica del Perú, 2023-04-01)
salvaguarda, se ha enfatizado en la protección frente al despido de la
trabajadora gestante, la cual converge con otras instituciones tradicionales del
derecho laboral como la estabilidad laboral y la carga probatoria. Asimismo, se
han expuestos distintos...
This research proposes an analysis of the causes that have given rise to the presence of reinforced protection in the labour sphere in favour of pregnant workers and working mothers. Among these safeguards, emphasis has been placed on protection against dismissal of the pregnant worker, which converges with other traditional labour law institutions such as job stability and the burden of proof. In addition, various instruments, both domestic and international, that deal with this issue have been presented. Regarding the conclusions, the existence of various causes that have given rise to the aforementioned protection, such as the historical exclusion of women in the workplace due to gender factors and the criminalisation of maternity in the access to and exit from labour relations, is accredited. In the same sense, the importance and the legislative manifestations that have been granted, such as the null dismissal due to pregnancy and the reversal of evidence, are also highlighted....
This research proposes an analysis of the causes that have given rise to the presence of reinforced protection in the labour sphere in favour of pregnant workers and working mothers. Among these safeguards, emphasis has been placed on protection against dismissal of the pregnant worker, which converges with other traditional labour law institutions such as job stability and the burden of proof. In addition, various instruments, both domestic and international, that deal with this issue have been presented. Regarding the conclusions, the existence of various causes that have given rise to the aforementioned protection, such as the historical exclusion of women in the workplace due to gender factors and the criminalisation of maternity in the access to and exit from labour relations, is accredited. In the same sense, the importance and the legislative manifestations that have been granted, such as the null dismissal due to pregnancy and the reversal of evidence, are also highlighted....
La interpretación de los principios de legalidad y tipicidad a la luz de la jurisprudencia del Tribunal Constitucional y la Corte Suprema como medio para brindar mayor tutela a los administrados en el marco de los procedimientos administrativos sancionadores
(Pontificia Universidad Católica del Perú, 2023-04-18)
, se concluye que la interpretación conforme a la Constitución
constituye un mandato del Estado constitucional de derecho, por lo que la autoridad
administrativa se encuentra obligada a interpretar las normas a la luz del contenido
de las disposiciones...
The objective of this research work is to determine if the interpretation of the principles of legality and criminality in light of the jurisprudence of the Constitutional Court and the Supreme Court constitutes a means to provide greater protection to those administered within the framework of administrative sanctioning procedures. To carry out this analysis, an in-depth review of the Constitution, the doctrine, and the most relevant norms and cases in environmental and labor sanctioning administrative matters is carried out; as well as a detailed investigation of the main judgments of the Constitutional Court and the Supreme Court in which the essential content of the principles of legality and typicity has been developed. From this, it is concluded that the interpretation in accordance with the Constitution constitutes a mandate of the constitutional State of law, for which the administrative authority is obliged to interpret the norms in light of the content of the constitutional provisions, which is developed in the jurisprudence of the Constitutional Court and the Supreme Court. In this sense, said interpretation is a means to provide greater protection to those administered in sanctioning administrative procedures, since such entities grant the principles of legality and typicity a fairly broad, protective and guaranteeing content....
The objective of this research work is to determine if the interpretation of the principles of legality and criminality in light of the jurisprudence of the Constitutional Court and the Supreme Court constitutes a means to provide greater protection to those administered within the framework of administrative sanctioning procedures. To carry out this analysis, an in-depth review of the Constitution, the doctrine, and the most relevant norms and cases in environmental and labor sanctioning administrative matters is carried out; as well as a detailed investigation of the main judgments of the Constitutional Court and the Supreme Court in which the essential content of the principles of legality and typicity has been developed. From this, it is concluded that the interpretation in accordance with the Constitution constitutes a mandate of the constitutional State of law, for which the administrative authority is obliged to interpret the norms in light of the content of the constitutional provisions, which is developed in the jurisprudence of the Constitutional Court and the Supreme Court. In this sense, said interpretation is a means to provide greater protection to those administered in sanctioning administrative procedures, since such entities grant the principles of legality and typicity a fairly broad, protective and guaranteeing content....
La limitada aplicación de la responsabilidad del superior jerárquico y sus consecuencias para el derecho a la verdad en Colombia
(Pontificia Universidad Católica del Perú, 2024-02-22)
En el Acuerdo Final para la Terminación del Conflicto y la Construcción de una Paz Estable
y Duradera (2016) se fijaron beneficios para los actores del conflicto con el fin de esclarecer
los hechos de violencia y cumplir con los derechos de las...
In the Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace (2016), benefits were established for the actors of the conflict to clarify the facts of violence and comply with the rights of victims to truth, justice, reparation, and non-repetition. Regarding the right to the truth, the confession of crimes seeks to facilitate the establishment of historical and judicial truths within the transitional framework. However, neither the Peace Agreement nor the rest of the Colombian legal system follows the international standards related to the Hierarchical Superior’s Responsibility. This figure is relevant to clarify the organization and functioning of the hierarchical structures involved in the commission of international crimes and the participation of superiors in the acts of violence committed materially by their subordinates....
In the Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace (2016), benefits were established for the actors of the conflict to clarify the facts of violence and comply with the rights of victims to truth, justice, reparation, and non-repetition. Regarding the right to the truth, the confession of crimes seeks to facilitate the establishment of historical and judicial truths within the transitional framework. However, neither the Peace Agreement nor the rest of the Colombian legal system follows the international standards related to the Hierarchical Superior’s Responsibility. This figure is relevant to clarify the organization and functioning of the hierarchical structures involved in the commission of international crimes and the participation of superiors in the acts of violence committed materially by their subordinates....
¿Cómo ha sido regulado el racismo en los medios de comunicación peruanos?
(Pontificia Universidad Católica del Perú, 2024-04-22)
normalizado de manera que esta coyuntura genera que se vulneren derechos tales
como la dignidad humana, igualdad y no discriminación, honor y buena reputación,
identidad étnica y cultural.
Es relevante mencionar que los diferentes órganos regulación, esto es...
The main question that this academic article addresses is about how racism has been regulated in the Peruvian media. This, while in the media it is possible to identify different situations in which racism has been normalized in such a way that it generates the violation of rights such as human dignity, equality and nondiscrimination, honor and good reputation, ethnic and cultural identity. . It is relevant to mention that the different regulatory bodies, the National Radio and Television Society and INDECOPI, have resolved on different cases such as Negro Mama,Saga Falabella ,Esto es guerra, etc. Each of these bodies used different parameters to establish the most appropriate legal consequence according to their analysis. Thus, this article intends to describe and analyze the parameters used by regulatory bodies to determine the way in which racism has been regulated in our country....
The main question that this academic article addresses is about how racism has been regulated in the Peruvian media. This, while in the media it is possible to identify different situations in which racism has been normalized in such a way that it generates the violation of rights such as human dignity, equality and nondiscrimination, honor and good reputation, ethnic and cultural identity. . It is relevant to mention that the different regulatory bodies, the National Radio and Television Society and INDECOPI, have resolved on different cases such as Negro Mama,Saga Falabella ,Esto es guerra, etc. Each of these bodies used different parameters to establish the most appropriate legal consequence according to their analysis. Thus, this article intends to describe and analyze the parameters used by regulatory bodies to determine the way in which racism has been regulated in our country....
Fundamentos jurídicos para establecer a la Escritura pública como un mecanismo de protección al o la cónyuge en la transferencia de acciones del accionista casado
(Pontificia Universidad Católica del Perú, 2024-06-17)
lo
que, se deduce una vulneración de derechos del cónyuge ha consecuencia que
la transferencia de acciones por no existir una formalidad única se puede realizar
mediante un contrato privado; Es por ello que mediante el presente trabajo se
busca que...
The title of this research is: “The public deed as a protection mechanism for the spouse in the transfer of shares of the married shareholder.” The main problem with the transfer of shares of a public limited company comes from the legal uncertainty that the spouses of married marital status shareholders have when they wish to transfer their shares either to the same shareholders or to third parties since in practice these shareholders do not take into account the procedure established according to Peruvian law. Well, according to the literature, shareholders usually transfer informally, omitting the registration book and the process thereof. According to what was mentioned, this work seeks to know the process of transfers made by married shareholders and whether these processes are legal according to Peruvian law....
The title of this research is: “The public deed as a protection mechanism for the spouse in the transfer of shares of the married shareholder.” The main problem with the transfer of shares of a public limited company comes from the legal uncertainty that the spouses of married marital status shareholders have when they wish to transfer their shares either to the same shareholders or to third parties since in practice these shareholders do not take into account the procedure established according to Peruvian law. Well, according to the literature, shareholders usually transfer informally, omitting the registration book and the process thereof. According to what was mentioned, this work seeks to know the process of transfers made by married shareholders and whether these processes are legal according to Peruvian law....
Hostigamiento sexual en el trabajo: Un análisis de las motivaciones desarrolladas por SUNAFIL respecto a las responsabilidades de las instituciones empleadoras
(Pontificia Universidad Católica del Perú, 2024-05-29)
laboral, siendo algunas de sus decisiones de observación obligatoria
para futuros procesos sancionadores. Ante ello, los argumentos esgrimidos en
sus resoluciones permitirán ampliar la protección de los derechos laborales de
las personas, así como...
The Labor Inspection Court is in charge - as an exceptional and final instance in the administrative sanctioning process carried out by SUNAFIL - of ratifying or annulling the decisions made by previous instances regarding labor inspection, with some of its decisions being mandatory observation for future processes. Given this, the arguments put forward in their resolutions will expand the protection of people's labor rights, as well as restrict their interpretation. Therefore, through an analysis of the jurisprudence issued by the Labor Supervision Court has interpreted the labor inspection legislation, regarding sexual harassment, understanding the context in which working women operate, applying a gender approach, since the definitions applied agree with what is described in international legal instruments regarding discrimination based on gender....
The Labor Inspection Court is in charge - as an exceptional and final instance in the administrative sanctioning process carried out by SUNAFIL - of ratifying or annulling the decisions made by previous instances regarding labor inspection, with some of its decisions being mandatory observation for future processes. Given this, the arguments put forward in their resolutions will expand the protection of people's labor rights, as well as restrict their interpretation. Therefore, through an analysis of the jurisprudence issued by the Labor Supervision Court has interpreted the labor inspection legislation, regarding sexual harassment, understanding the context in which working women operate, applying a gender approach, since the definitions applied agree with what is described in international legal instruments regarding discrimination based on gender....
Equidad, igualdad y protección laboral a todas las actividades laborales de obras y servicios
(Pontificia Universidad Católica del Perú, 2024-03-07)
relacionadas con la ejecución de obras y servicios de construcción es
razonable desde la perspectiva del derecho laboral, la igualdad de
oportunidades y la plena protección, representación de los trabajadores y
responsabilidad social. Esto ayudará a reducir la...
Resolución N° 015-2019-OEFA/TFA-SE, conflicto entre el cumplimiento de las reglas procedimentales y el derecho a gozar de un medio ambiente adecuado y equilibrado
(Pontificia Universidad Católica del Perú, 2023-08-03)
alimenticio para la población
aledaña a los derrames de Imaza y Morona, así como la vulneración a su
derecho a la salud.
En ese sentido, lo lesivo, en este caso, fue declarar la nulidad de las
infracciones ambientales probadas que tuvo como consecuencia la...
The non-sanction for serious infringements of the flora and fauna that materializes with the declaration of nullity placed the protection of the environment in a situation of defenselessness. The creation of this environmental disincentive to avoid punishing punishable behaviors has, in this case, a high relevance to generate a serious damage to the environment such as an oil spill that resulted in the affectation of natural resources, which are used as a food medium for the population surrounding the Imaza and Morona spills. as well as the violation of their right to health. In that sense, the harmful thing, in this case, was to declare the nullity of the proven environmental infractions that resulted in impunity for environmental damage; without taking into consideration that the TFA could choose to exercise its jurisdictional function and decide on the basis of the facts and evidentiary means concerning the case. Therefore, in the case under analysis, the protection of the right to the environment should prevail over procedural aspects; Because the purpose of the environmental justice system must be to have an effective and reasonable control that promotes environmental restoration, potentially dissuasive, that does not imply partiality and confiscation....
The non-sanction for serious infringements of the flora and fauna that materializes with the declaration of nullity placed the protection of the environment in a situation of defenselessness. The creation of this environmental disincentive to avoid punishing punishable behaviors has, in this case, a high relevance to generate a serious damage to the environment such as an oil spill that resulted in the affectation of natural resources, which are used as a food medium for the population surrounding the Imaza and Morona spills. as well as the violation of their right to health. In that sense, the harmful thing, in this case, was to declare the nullity of the proven environmental infractions that resulted in impunity for environmental damage; without taking into consideration that the TFA could choose to exercise its jurisdictional function and decide on the basis of the facts and evidentiary means concerning the case. Therefore, in the case under analysis, the protection of the right to the environment should prevail over procedural aspects; Because the purpose of the environmental justice system must be to have an effective and reasonable control that promotes environmental restoration, potentially dissuasive, that does not imply partiality and confiscation....
Desigualdades probatorias en la etapa de investigación penal
(Pontificia Universidad Católica del Perú, 2023-03-27)
se conciba a
la denegatoria de actuación de diligencias de investigación como una
circunstancia intrascendente sin vinculación con el derecho a probar...
The objective of this article is to analyze the possibilities of requesting the performance of evidence that the accused has in a criminal investigation, where the procedural norm seeks to guarantee participation in equalities. At the same time, it grants unnecessary privileges to the prosecution, so that it is who in the criminal investigation discretionally determines what actions will be carried out, finding there limits to the performance of evidence for the accused. This becomes more complex when the preparatory investigation judge who should balance the inequalities has not understood his impartial work and obligation to act reasonably, so that there is no limitation to generate evidence. Once the completion of a requested procedure is denied, there are no efficient mechanisms that guarantee the defense attorney the possibility of generating evidence in favor of the defendant's interests and even due to the different way of naming the evidence in the stages of the criminal process, makes that the refusal to carry out investigative proceedings be conceived as an inconsequential circumstance unrelated to the right to prove....
The objective of this article is to analyze the possibilities of requesting the performance of evidence that the accused has in a criminal investigation, where the procedural norm seeks to guarantee participation in equalities. At the same time, it grants unnecessary privileges to the prosecution, so that it is who in the criminal investigation discretionally determines what actions will be carried out, finding there limits to the performance of evidence for the accused. This becomes more complex when the preparatory investigation judge who should balance the inequalities has not understood his impartial work and obligation to act reasonably, so that there is no limitation to generate evidence. Once the completion of a requested procedure is denied, there are no efficient mechanisms that guarantee the defense attorney the possibility of generating evidence in favor of the defendant's interests and even due to the different way of naming the evidence in the stages of the criminal process, makes that the refusal to carry out investigative proceedings be conceived as an inconsequential circumstance unrelated to the right to prove....