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Hacia un nuevo modelo laboral en España
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Cruz, Jesús
Towards a new labor model in SpainThe article starts with confirming the acceleration process in reforms of labor regulations-intensive and extensive-which is faced bySpain that has considered even the reform of constitutional framework. It should be noted that measures taken in the Spanish reform are aimed at increasing the employability of workers and with regard to promotion of employment stability; we find the incorporation of a new contractual modality, literally called “employment contract for indefinite time to support entrepreneurs”.Meanwhile, as the most important novelties are located the following: elimination with general character of administrative authorization for collective dismissals, the expansion of the proper reasons of economic dismissals, with the corresponding reduction effect of the judicial control as justification for business measure and the possible reduction in the practice of dismissal cost, the generalization of compensatory amount for unfair dismissal after 33 days of salary per year of seniority with limit of the 24 monthly salary, the complete suppression of processing salaries when the employer chooses indemnified extinction in case of unfair dismissal, among others. All this range of regulatory changes is analyzed critically by the author who, starting from the Spanish legislation, studies the most relevant legal concepts.
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Legislación de emergencia y reforma laboral en España (2011-2012)
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Sempere, Antonio
Emergency legislation and labor reform in Spain(2011-2012)Spanish Labor Law is going through a phase of continuous and disordered reforms, most of them made through approved rules by the Government invoking raisons of urgency. Here are explained six recent andrelevant Royal Decrees-Laws approved between 2010 and 2012
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El debate europeo sobre la flexiseguridad: algunas lecciones para el sur
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Vidal Bermúdez, Álvaro
The present article analyzes the emergence and evolution of flexisecurity strategy in the European context, different conceptualizations, their effects regarding the protective function of labor law and lessons that can be extracted from previous experiences in Latin America and particularly Peru concerning the subordination of social and labor policies on the policies of employment generation.
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Flexiseguridad, derecho al trabajo y estabilidad laboral
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Blancas Bustamante, Carlos
Flexisecurity, right to work and labor stabilityThis article deals with one of the most recent and innovative proposals of related flexibilization, basically, to the extinction of labor relation and that areknown as «flexisecurity» or «flexicurity». For this, the author comments the model of Denmark – country in which it’s originated «flexisecurity» – emphasizing the configuration of a «golden triangle», composed of: i) flexibility in the labor relation, aimed at facilitating the dismissal ii) a generous system of unemployment benefits, funded primarily by the State and iii) a new policy of «activation» of the labor market, which seeks to keep large sectors of the population permanently trained to meet new labor challenges. The author emphasizes the difference between our country and Denmark, since it is a Welfare State with a high level of social protection funded by a fiscal pressure and high tax rates. Finally, the article notes that for the study of «flexisecurity» it shouldn’t ignore the legal framework derived from workers’ fundamental rights established in the Constitution and international treaties which imply: right to work, dignity and citizenship of the worker and Trade Union Freedom and Collective Rights
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La reforma del proceso laboral en Uruguay. El regreso al proceso laboral autónomo
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Fernández, Hugo
The reform of the labor process in Uruguay. The return to the autonomous labor processThe reform of the Uruguayan labor process and the return to an autonomous legal regime represent a radical and fundamental change in the national legislation. The simplicity of new procedural structures governed by principles and owns norms of labor discipline give the new regime a dogmatic autonomous space lost for many years. The procedural labor reform is built on the adjectival character of its nature prioritizing the substantive law and adjusting the procedural rule to its characteristics. The principles of Labor Law (substantive and procedural) are the foundation of the new regime
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El modelo de relaciones colectivas peruano: del intervencionista y restrictivo al promocional
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Villavicencio, Alfredo
The model of peruvian collective relations: from interventionist and restrictive to promotionalThe article begins by considering a system or democratic model of labor relations implies a significant degree of self-gravitating through the presence of collective autonomy as self-regulation agreed in relations between the representatives of workers and employers. That collides with the fact thatin Latin America, with the exception of Uruguay, the model is remarkably restrictive. Although our country since the Constitutionof 1979 explicitly ascribes to the model of Social State of Law – which in the labor field was expressed in the consecration of a democratic model of labor relations, this has not had correlation with the infra-constitutional regulation.Then, the article presents the main characteristics of a democratic model of labor relations which has as main features: i.–The dialectical conception of labor relations and assignment to the conflict of a functional role within the constitutional scheme, ii.– The consecration of collective autonomy as an essential piece of the regulatory system, iii.– The promotional intervention and feeder system from the state as a notion of closure of exceptional transcendence. Finally, the article points out the principalnovelties on the subject contained in the Project of General Labor Law, the same that is in line within the new Latin American context of impulse of the collective autonomy that exists in countries like Brazil, Paraguay, Dominican Republic, Uruguay and also seeks to promote the gradual substitution of decentralized and dysfunctional model for the functioning of the country, establishing a certain preference for the sectorial bargaining.
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La tutela laboral de los derechos fundamentales del trabajador. Una asignatura pendiente en tiempos de reforma
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Arce Ortiz, Elmer Guillermo
The labor guardianship of worker’s fundamental rights: A pending subject in times of reformThe articlestarts with the penetration of Constitutional Law in labor relations mainly promoted by the Constitutional Court, which with its repeated statements have specified the normative content of workers’ constitutional rights. From this, it maintains that in protection matters of fundamental rights we are in the middle of an insufficientordinary route and another extraordinary route, legal protection, also unable to assume adequate protection of workers. The article analyzes particularities that should have a claim of violation of the fundamental rights of any other in alabor site to pick up characteristics such as: accentuated swiftness, priority and preventing inadmissibility “in limine”. Finally, the text concludes regretting that New Procedural Labor Lawhasn’t created an ad hoc process for the protection of fundamental rights and that, on the contrary, it has opted for a disperse and chaotic system to protect them.
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Crítica de la libertad sindical
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Ermida Uriarte, Oscar
Critique of trade union freedomThe article begins of the protective character of Labor Law and of the study of trade union freedom as an instrument of compensatory inequality, to analyze critically the protection of this right in the Committeeof Trade Union Freedom. Then, it develops causes of the current crisis of trade unionism and the possibility of atrade union self-reform and of an International Court of Trade Union Freedom. Finally, the article presents some strategies for overcoming the crisis of trade unionism
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Una visión ponderada de la legislación laboral: comentarios al régimen MYPE y a la propuesta de «Ley de la Nueva Empresa»
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Sánchez Reyes, Christian
A weighted view of labor law: commentaries on the MSE regime and the proposal «Law of New Enterprise»The present article evaluates constitutional character of the regime of Micro and Small Enterprises (MSE) and the legislative proposal of «Law of New Enterprise» from the jurisprudence of the Constitutional Court. With this purpose it starts with analyzing own characters of the right to equality as a classical liberal right that is based on social rights as the right to work. Finally, the article seeks to dispel doubt of whether those regimes, MSE and the Law of New Enterprise, they obey to a policy of promotion of employment or rather they introduce a differentiated treatment without objective basis and therefore unconstitutional.
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El redimensionamiento del derecho internacional del trabajo
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Canessa, Miguel
The resizing of International Labor LawThe transformations brought about by the globalization of the labour world render insufficient the national efforts to face a cross-boundaries phenomenon. Similarly, the International Labour Organization efforts are praiseworthy but incomplete because its Members are reluctant to new international commitments. In this situation, labour human rights are in the best position to face the challenges of globalization.

Núm. 68 (2012)

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