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Las relaciones entre autonomía colectiva y gobierno en Uruguay: crónica con final abierto
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Barretto, Hugo
Relations between collective autonomy and government in Uruguay: chronic with open endingThe present article, after making a brief recount of the model of Uruguayan collective labor relations, analyzes the foundation and impact of heteronomous regulation on the protection of trade union freedom and collective bargaining released in the context of transformation model during periods from 2005 to 2009 and so far until 2012, with the purpose of determining whether the same meant a profound and definitive break of the pre-existing model or rather it emphasizes some of its elements without disturbing the nature
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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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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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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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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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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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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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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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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.
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La protección frente al despido en la evolución de la jurisprudencia del Tribunal Constitucional
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Ferro Delgado, Víctor
The protection against dismissal in the evolution of the Constitutional Court jurisprudenceThis paper is based on the analysis of the job security schemes embodied in the Constitutions of 1979 and 1993, so as to point out the evolution of the protection granted by the constitutional system against unlawful dismissal and the legal application thereof to the models of restitutory protection (reinstatement) or compensatory protection (indemnification). Then, an analysis is made with respect to the options covered in this field by the international treaties executed by Peru and the evolution of different constitutional case law. Thus, judgments in which restitutory protection was initially oriented to outlaw the dismissal that violates fundamental rights are examined, in comparison to recent rulings in which such protection is granted against unlawful dismissal, resulting in a labor stability model different from the one set forth by the 1993 Constitution.
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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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Los contratos temporales: exposición y crítica
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Pasco Cosmópolis, Mario
Temporary contracts: exposition and criticThe contract of term or fixed term or determined period constitutes one of the most frequent modalities of so-called atypical contracting. EfrénCórdova, in his famous presentation at XI World Congress of the International Society for Labor Law and Social Security (Caracas 1985), noted that, being typical the contract celebrated between an employer and a worker, to be executed to full time at the center of work and for an indefinite atypicalperiod, comes to be one that lacks any of these attributes, this is: (i) in which involves more than one employer, or (ii) the journey is partial or doesn’t fit to traditional parameters of eight hours per day and forty-eight a week at most, or (iii) performs out the usual local, or (iv) is for adefined time. It is about these lasts that is dedicated the present article.
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Homenaje a Óscar Ermida Uriarte y editorial
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Villavicencio, Alfredo
No presenta resumen
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Enseñando democracia: normativa, realidad y propuestas en torno a la educación para la ciudadanía en el Perú
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Constantino Caycho, Renato
Teaching democracy: normative, reality and proposalsrelated to education for citizenship in PeruThis article aims to review the ethical and political basis of education for citizenship. From the analysis of Peruvian normative it infers the necessity that school produces citizens. Then, it confronts these normativewith the reality of Peruvian school. It also analyses some successful cases, and from this, it formulates proposals made to facilitate the development of a real citizenship in our country.
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La reforma del mercado de trabajo en España durante la crisis financiera internacional
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Ojeda, Antonio; Gutiérrez, Miguel
The labor market reform in Spain during the international financial crisisThe crisis emerged in 2008 has caused a marked degradation of employment in Spain and an emergency legislation in a very short time, which is analyzed in the study.
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El Derecho del trabajo en la encrucijada posmoderna. Entrevista al doctor José Luis Monereo
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Villavicencio, Alfredo
No presenta resumen
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Reforma y contrarreforma laboral en Argentina, crónica simple de un proceso pendular
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Goldin, Adrián
Labor reform and counter-reform in Argentina, simple chronic of a pendulum processAfter placing it in the context of the processes of labor reforms produced in Latin America in the early 90’s (its inspiration, its dynamics, its actors), the article considers in particular the case of Argentina. Inthat assignment, it examines the labor reforms that took place there from dominant perspectives - external flexibility, internal flexibility, reduction and variation of costs, collective labor relations - confirming a strong deregulated activism in the field of individual relations, while it was verified a high administrative interventionism of decentralized bias with a limited institutional transformation in collective relations.At the end of that decade, it had already been clear that those strategies haven’t had a virtuous effect on the social labor situation or the labor market. In this context, a new government that comes into power in 2003, leaves without effect a good part of those reforms and instead it undertakes a process of institutional reconfiguration of the legal system of labor protection: a systematic increase of the Living Wage, strengthening of the collective wage bargaining - with the consequent tendential improvement of wages of workers in the formal sector - and, by virtue of parliamentary initiatives, a sequence of introduction of micro-reforms always oriented to increase the protection of workers, which as a whole would have to involve a remarkable recovery of the tutelary bias of labor regulations.
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El servicio de seguridad y salud en el trabajo
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Ugaz, Mauro; Soltau, Sebastián
The service of safety and health at workThe article maintains that, mainly, from the approval of Law 29783, Law of Occupational Safety and Health at Work, it has been internalizing the importance of implementation of regulations and measures to reinforce or emphasize safety and health at work. However, it is emphasized that until the appearing of regulatory norm of law, enterprises as well as workers will have to safeguard for implementing a service that they consider –technically– suitable to their place of work without having a referent clear normative, since the Law doesn’t detail the implementation of a security service and health at work. In this regard, the technic document entitled «Protocols of Medical Occupational Exams and Guidelines of Obligatory Diagnostic Medical Exams by activity», contains a series of regulations that permit to integrate and implement a suitable service and appropriated of health surveillance of workers.
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Acceso a justicia laboral en Centroamérica
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2012-06-21) Bolaños, Fernando
Access to labor justice in Central AmericaThis paper presents a reflection of general character on the most important values and principles that underlie a system of access to the democratic, efficient and fair labor justice. The paper also tries to establish a systematic connection between the concepts of institutionality and access to justice, referring to the interrelationship between both notions and values that feed one another. For work purposes are mentioned and then analyzed four great subthemes: transparency, balance of parties in the labor process, the issue of speedy justice and the principle of effective judicial guardianship. All the above with references to Central America and Dominican Republic legislation and the jurisprudence of the Inter-American Court of Human Rights.