Just cause and gross misconduct constitute two major concepts that a regular employee usually associates with dismissal and, at the same time, with arbitrariness and abuse. This is not always so, given that the only possibility in Peru to dismiss an employee, at least in theory, is his dismissal for a just cause, that is, in accordance with the law. This article analyzes the treatment of these concepts regulated by Supreme Executive Order No. 003-97-TR, Consolidated Text of Legislative Executive Order No. 728 and the manner how the case law has gradually shaped and consolidated their scope, an evolution that has not, albeit, removed the idea of the arbitrary dismissal from the labor spectrum, has allowed us to understand it from two valuable perspectives: the improvement of the quality of the service that must be inherent to an employment contract or relationship and respect for the qual...

Just cause and gross misconduct constitute two major concepts that a regular employee usually associates with dismissal and, at the same time, with arbitrariness and abuse. This is not always so, given that the only possibility in Peru to dismiss an employee, at least in theory, is his dismissal for a just cause, that is, in accordance with the law. This article analyzes the treatment of these concepts regulated by Supreme Executive Order No. 003-97-TR, Consolidated Text of Legislative Executive Order No. 728 and the manner how the case law has gradually shaped and consolidated their scope, an evolution that has not, albeit, removed the idea of the arbitrary dismissal from the labor spectrum, has allowed us to understand it from two valuable perspectives: the improvement of the quality of the service that must be inherent to an employment contract or relationship and respect for the qual...

The pension or periodic economic benefit granted to a person for reasons such as retirement is a pension benefit that falls under social security, although its origins are closely related to labor law, and specifically to the nature of work and the worker. In this context, after reviewing its history and antecedents in Peru and in comparative law, which led to the establishment of a lifetime pension for former constitutional presidents in 1995 through Law N°. 26519, the objective of this work is to determine whether the lifetime pension, as such, constitutes a right derived from the work performed by a president of the Republic for the nation, or whether, on the contrary, it is simply a recognition of presidential dignity; regardless of whether this dignity has been called into question or undermined as a consequence of the beneficiary's performance during their presidential term. We ar...