The purpose of this research work is to analyze and describe the scope of the V Plenary Supreme Labor and Social Security Jurisdiction, particularly the treatment of compensation and remuneration accrued in unjustified and fraudulent dismissals. In this context, the importance of labor stability (absolute in the 1979 Constitution and relative in the 1993 Constitution) should be emphasized. The «Huatuco Huatuco» precedent establishes bases that only consolidate relative labor stability; and limits, in some way, the right of workers, since many of them did not enter through public competition, a fact that creates legal defenselessness against arbitrary dismissal. It also affects other workers’ rights, such as the payment of accrued remuneration. This situation has not been duly addressed by the plenary, which leads to the formation of a current of opinion regarding the criterion adopte...

The due motivation for issuing decisions is the constitutional right of citizens to know the factual and legal reasons that the authorities and officials, especially those of the State apparatus, adopt to resolve claims, where their interests are included. This right is a component of the due process, also called fair process, an expression of effective procedural protection. There is a gender-to-species relationship between both concepts and, consequently, they are closely linked; therefore, undue motivation would be a flagrant violation of citizens’ rights. In this line of ideas, one constantly hears about the filing of appeals against decisions issued because citizens are not satisfied with them, one of the arguments being the lack of motivation, for allegedly having violated substantive and procedural guarantees in the course of the process. In some cases, the appeals are admitted ...

The purpose of this research work is to analyze and describe the scope of the V Plenary Supreme Labor and Social Security Jurisdiction, particularly the treatment of compensation and remuneration accrued in unjustified and fraudulent dismissals. In this context, the importance of labor stability (absolute in the 1979 Constitution and relative in the 1993 Constitution) should be emphasized. The «Huatuco Huatuco» precedent establishes bases that only consolidate relative labor stability; and limits, in some way, the right of workers, since many of them did not enter through public competition, a fact that creates legal defenselessness against arbitrary dismissal. It also affects other workers’ rights, such as the payment of accrued remuneration. This situation has not been duly addressed by the plenary, which leads to the formation of a current of opinion regarding the criterion adopte...

The due motivation for issuing decisions is the constitutional right of citizens to know the factual and legal reasons that the authorities and officials, especially those of the State apparatus, adopt to resolve claims, where their interests are included. This right is a component of the due process, also called fair process, an expression of effective procedural protection. There is a gender-to-species relationship between both concepts and, consequently, they are closely linked; therefore, undue motivation would be a flagrant violation of citizens’ rights. In this line of ideas, one constantly hears about the filing of appeals against decisions issued because citizens are not satisfied with them, one of the arguments being the lack of motivation, for allegedly having violated substantive and procedural guarantees in the course of the process. In some cases, the appeals are admitted ...