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This work studies constitutional bases of two essential institutions of Collective Labor Law: employer’s obligation to negotiate collectively and facultative arbitration. In relation to the first one, using tools provided bythe Theory of Law, it is argued that the section 28º of Peruvian Constitution establishes a collective negotiation concept as claim (not as permission) so, employers legal obligation of collective negotiation is constitutional. In theother hand, regarding facultative arbitration, it has constitutional support on state’s obligation to promote pacific ways to labor conflicts; even though, it is questioned that a «sub constitutional» rule has restrictively regulated this institution.

210 p. ; 24 cm.

The unilateral extension of the collective agreement has been widely discussed by Peruvian doctrine and jurisprudence for more than a decade. Aside from this, it maintains its validity to the extent that there is still a contrast in positions between two decision-making bodies of the Peruvian labor legal system. This article addresses the topic with the purpose of establishing a position on the debate, developing its analysis in three sections. Firstly, basic issues relating to the collective agreement as a bargaining product, its legal effectiveness and its personal effectiveness related to the criterion of greater representativeness are reviewed. Secondly, the jurisprudential evolution that the topic has had in the decisions of the Supreme Court, such as those of the Labour Inspection Court of the National Superintendence of Labour Inspection, is detailed; in such a way that the a...

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This work studies constitutional bases of two essential institutions of Collective Labor Law: employer’s obligation to negotiate collectively and facultative arbitration. In relation to the first one, using tools provided bythe Theory of Law, it is argued that the section 28º of Peruvian Constitution establishes a collective negotiation concept as claim (not as permission) so, employers legal obligation of collective negotiation is constitutional. In theother hand, regarding facultative arbitration, it has constitutional support on state’s obligation to promote pacific ways to labor conflicts; even though, it is questioned that a «sub constitutional» rule has restrictively regulated this institution.

El artículo no presenta resumen.

Labor Law arose from the need to provide protection  to  the  objectively weak part of the employment relationship: The  worker. However, how did Labor Law originated and inwhich way did it acquire its protective nature? In this article, the author presents a comprehensive history of the origins of Labor Law, the various stages it went through and even its arrival to Peru, as well as the challenges it currently faces.

El artículo no presenta resumen.

No contiene resumen

La Maestría en Derecho de la Empresa es un programa de la Escuela de Posgrado de la Pontifica Universidad Católica del Perú diseñado para formar profesionales líderes capaces de dominar el marco legal de las empresas, dando prioridad al desarrollo de estrategias jurídicas para el cumplimiento normativo o compliance empresarial. Este programa brinda una formación jurídica de calidad en derecho empresarial, pero permite también a sus egresados comprender los fenómenos empresariales desde una perspectiva interdisciplinaria, porque entiende que la solución de los problemas que enfrentan las empresas no se agota en el análisis estrictamente legal de los mismos; por el contrario, se requiere una noción integral que abarca aspectos de índole económico, contable, de gestión y de responsabilidad empresarial, entre otros, que los profesionales que asesoran en la toma de decisiones ...

En el presente artículo se busca identificar las características y alcances del principio de irrenunciabilidad de derechos consagrado en la Constitución del Perú en lo correspondiente al ámbito laboral, incluyendo los ámbitos subjetivo y temporal.

No presenta resumen

The unilateral extension of the collective agreement has been widely discussed by Peruvian doctrine and jurisprudence for more than a decade. Aside from this, it maintains its validity to the extent that there is still a contrast in positions between two decision-making bodies of the Peruvian labor legal system. This article addresses the topic with the purpose of establishing a position on the debate, developing its analysis in three sections. Firstly, basic issues relating to the collective agreement as a bargaining product, its legal effectiveness and its personal effectiveness related to the criterion of greater representativeness are reviewed. Secondly, the jurisprudential evolution that the topic has had in the decisions of the Supreme Court, such as those of the Labour Inspection Court of the National Superintendence of Labour Inspection, is detailed; in such a way that the author...

Labor Law arose from the need to provide protection  to  the  objectively weak part of the employment relationship: The  worker. However, how did Labor Law originated and inwhich way did it acquire its protective nature? In this article, the author presents a comprehensive history of the origins of Labor Law, the various stages it went through and even its arrival to Peru, as well as the challenges it currently faces.

The unilateral extension of the collective agreement has been widely discussed by Peruvian doctrine and jurisprudence for more than a decade. Aside from this, it maintains its validity to the extent that there is still a contrast in positions between two decision-making bodies of the Peruvian labor legal system. This article addresses the topic with the purpose of establishing a position on the debate, developing its analysis in three sections. Firstly, basic issues relating to the collective agreement as a bargaining product, its legal effectiveness and its personal effectiveness related to the criterion of greater representativeness are reviewed. Secondly, the jurisprudential evolution that the topic has had in the decisions of the Supreme Court, such as those of the Labour Inspection Court of the National Superintendence of Labour Inspection, is detailed; in such a way that the a...

El artículo no presenta resumen.

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