Validez jurídica en la aplicación del contrato modal innominado a trabajadores incorporados durante automatización productiva

• Autor: Mendoza Mimbela, Siralí Elisa
• Formato: tesis de grado
• Fecha de Publicación: 2017
• Institución: Universidad Nacional de Trujillo
• Repositorio: UNITRU-Tesis
• Lenguaje: español
• OAI Identifier: oai:dspace.unitru.edu.pe:20.500.14414/8248
• Enlace del recurso: https://hdl.handle.net/20.500.14414/8248
• Nivel de acceso: acceso abierto
• Materia: Contrato laboral; Automatización productiva; Contrato modal innominado; Inspección judicial; Validez jurídica; https://purl.org/pe-repo/ocde/ford#5.05.01

The present investigation consisted in determining the legal validity of the application of the contract without name, based on article 82 of the Law of Productivity and Labor Competitiveness, in the context of the implementation of the necessary machinery to achieve the automation of the productive processes of the Corporation Lindley S.A., during the period 2011-2015. In order to achieve the purpose of this investigation, it was mainly identified the way in which the judge evaluates the decision that the employer took - the latter in his capacity as employer - on the choice of the type of modal contract to use, the dismissal of the typology of Modal contracts established by the Labor Productivity and Competitiveness Act, based on economic analysis and labor surcharges; It was also analyzed whether the Judge effectively used the tool provided by labor procedural law: judicial inspection, when verifying the work performed by the worker.All in the context of the relevant business decision to choose to automate the production processes, adapting to the regulations that allow it to implement this new form of production in the company, from a manual to an automated form.The research was carried out with a quantitative cut, obtaining information from various sources, such as revision of legislation, doctrine and national jurisprudence, which favored in the identification and analysis of sentences. With the result that the unmodified modal contract requires an even more rigorous analysis than the typology of modal contracts established in the LPCL, in order to guarantee the residually of this type of contracting, being relevant the importance of the discard analysis of the typology of modal contracts and the requirements of objective causality and temporality. As well as the fundamental role of the on-site realization of judicial inspection, in the process of verifying the work carried out by the worker within the process of productive automation.All this, with the objective that this research helps the employers and workers of the private sector, since a process of productive automation is a decisive business decision in the internal economy of the company, concerted and evaluated in correlation with the Local and national economy, without neglecting the tuitive nature of labor law