La prescripción de la acción laboral y la revalidación de la pretensión en el derecho procesal civil

• Autor: Morales Rojas, Felipe Santiago
• Formato: tesis de maestría
• Fecha de Publicación: 2016
• Institución: Universidad Nacional de Trujillo
• Repositorio: UNITRU-Tesis
• Lenguaje: español
• OAI Identifier: oai:dspace.unitru.edu.pe:20.500.14414/4686
• Enlace del recurso: https://hdl.handle.net/20.500.14414/4686
• Nivel de acceso: acceso abierto
• Materia: Remuneraciones, Derecho laboral, Prescripción de la acción, Beneficios sociales

The present work has for purpose to outline some analysis lines about the extinction of the labor relationship in the mark of the labor reformations taken place in the Peru from November of 1991, keeping in mind that the normatividad makes relapse the responsibility of the process in the Judge that assumes an active and protagonistic list in the labor process. Contrary to the previous régime, the Judge has the obligation now of participating directly in the process, he should know to the parts, his positions, the facts, it can propose reconciliations and a series of abilities. The statute of the prescription has had a legislative evolution in the national normatividad. It is so in their beginnings he/she with the expiration, like one can observe in Santa Cruz's 1836, Code that established a three year-old term, the same as the Civil Code of 1852 that maintained the same term that the previous Code. He/she decreased the term to six months by means of Regulation of the Law N° 4916 - Supreme Resolution of June 22 1928. It is already with the code of 1936 in which one makes the incipient difference between the prescription and the expiration, following the influence of the foreign doctrine, the same one that the accent settled down in 3 years the prescription. It is for it that to this figure their legislative autonomy is recognized starting from this last Code Civil The present work looks for of equal it forms the benefit of restoring rights to the workers and former-workers affected for who incumplieron in its opportunity with the payment of its remunerations, social benefits or compensations for time of services. It exists also, the intangible benefit of restoring the trust of workers' thousands in the Normative System, and in the list of the State to safeguard the execution of obligations and employers' rights and workers.