THE JURISPRUDENTIAL DELIMITATION OF THE CONDITIONS OF VALIDITY FOR GEOGRAPHICAL MOBILITY IN THE PERUVIAN LABOR LEGAL SYSTEM

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Resumen

This research analyzes the jurisprudential work in the determination of the validity conditions for the exercise of the unilateral faculty of geographic mobility in the Peruvian legal system. Despite the lack of specific regulation on the modification of substantial working conditions; and, based on the generic regulation of the limits of management power, the ius variandi principle and the dispositions on acts of hostility by the employer, both the Supreme Court and the Constitutional Court, have decided that the decision of geographical mobility, as it affects one of the substantial conditions of the employment contract, it requires the business proof of the reasonable justifying cause related to the needs of the company and the proof of the reasons for the choice of this specific worker. Likewise, it requires that the business decision does not cause any detriment to the worker, understanding as such any patrimonial or non-patrimonial damage that unreasonably affects the rights and interests of the worker or those of his family nucleus. Such demands show a judicial work framed within the constitutional mandate to provide protection to the worker and to guarantee the effective enforcement of human rights in the labor law. Finally, such requirements would be meaningless if mechanisms were not established within the scope of the labor judicial process to facilitate, as in fact has happened, the proof of the abusive act committed by the employer. The judicial criteria on evidentiary facilitation will also be analyzed -through the evidence test-that helps to make effective the protective principle in the field of the labor judicial process.

Título traducido de la contribuciónTHE JURISPRUDENTIAL DELIMITATION OF THE CONDITIONS OF VALIDITY FOR GEOGRAPHICAL MOBILITY IN THE PERUVIAN LABOR LEGAL SYSTEM
Idioma originalEspañol
Páginas (desde-hasta)1-32
Número de páginas32
PublicaciónRevista Chilena de Derecho
Volumen50
N.º1
DOI
EstadoPublicada - 2023

Palabras clave

  • business needs
  • geographic mobility
  • human rights
  • Management power of the employer
  • reasonableness

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