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1
artículo
Publicado 2024
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This article develops the regulation of the evidentiary activity provided for in the New Labor Procedural Law. In this sense, the study of the three-dimensional theory of evidence; evidence as a fundamental right; the issue of the exclusion of evidence; the means of evidence admissible in the labor process; the opportunity to offer them and their performance; the exceptionality of ex officio evidence; the burden of proof and its reversal; evidence; what should be understood by evaluation of evidence; as well as presumptions in the labor process, in order to, finally, formulate the respective conclusions.
2
artículo
Publicado 2024
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This article develops the regulation of the evidentiary activity provided for in the New Labor Procedural Law. In this sense, the study of the three-dimensional theory of evidence; evidence as a fundamental right; the issue of the exclusion of evidence; the means of evidence admissible in the labor process; the opportunity to offer them and their performance; the exceptionality of ex officio evidence; the burden of proof and its reversal; evidence; what should be understood by evaluation of evidence; as well as presumptions in the labor process, in order to, finally, formulate the respective conclusions.
3
artículo
Publicado 2023
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This article presents the virtues and results of the order for payment process applied in other latitudes to show that it is a process that, far from the discussion of its legal nature, manages to resolve conflicts submitted to this in a reasonable time. Then, the minor labor processes that are processed under Law No. 29497 are analyzed. It is concluded that these processes can be adapted or submitted to the order for payment process, which would allow their processing and resolution to be carried out within a reasonable time, thus achieving the speed proclaimed by the new labor procedural law.
4
artículo
Publicado 2021
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This article develops the topic of ex officio evidence through the analysis of article 22 of the New Labor Procedure Law, with the supplementary application of the civil procedure regulations. Its constitutional and legal limits are delimited, in addition to the conditions that must be met for the labor judge to order the performance of the ex officio evidence.
5
artículo
This work has been prepared with two objectives. The first is to expose the reasons why ex officio promotion in the execution stage of labor processes is an obligation of judges to make the right to effective jurisdictional protection a reality. The second is to present the practice of this ex officio impulse in a labor lawyer's peace court and the consequences of it. From these purposes, the conclusion was reached that, due to the right to jurisdictional protection contained in various legal, constitutional and conventional mandates, the judge has the intrinsic obligation to necessarily ensure the effectiveness of the sentences, a task that must be carried out trade, in such a way that in addition to generating the material satisfaction of the winner of the process, it helps to improve confidence in the Judiciary. Additionally, for said informal execution, judges have various legal powe...
6
artículo
Publicado 2020
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This article addresses the issue of the extemporaneous offering of evidentiary means in the labor process, formulated at or after the trial hearing, or after the first instance judgment has been issued. It develops the principles and foundations, the assumptions, requirements and presupposition of the admission in this process. A uniform procedure for the admission and legal action of extemporaneous evidence is proposed in this article. It is eminently practical and based on the experience acquired in the daily judicial work as a magistrate.
7
artículo
Publicado 2023
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The purpose of this paper is to evaluate the possibility of resuming the counting of the limitation period (Article 1997 of the Peruvian Civil Code), interrupted with the filing of the lawsuit, when the negligence of the plaintiff materializes in the labor judicial process and, specifically, when the process ends due to the non-attendance of the parties to the hearings scheduled in the first instance of the labor judicial process. It is proposed to carry out an analysis of interpretation –using the method of ratio legis for rules involved to verify whether the negligence described is comparable to abandonment of the process and, therefore, constitutes a case of ineffectiveness of the interruption of the limitation period.
8
artículo
Publicado 2024
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The objective of this article is to give an account of the labor reintegration process in subjects in condition of drug addiction during their rehabilitation. Using a qualitative methodology, in-depth interviews were conducted with ten people in addiction in rehabilitation. Those who were interviewed have more than 15 years of sobriety and are part of a self-help group that implements the 12-step program of Alcoholics Anonymous in Guadalajara, Jalisco, Mexico. Among the results, it stands out that labor reintegration is a process that involves several phases, one of them is the period of service where the subject is prepared in the practice of punctuality, responsibility, commitment, and respect, as well as in emotional management for the performance of paid work. The decision of when, where and what activity to carry out falls, in principle, on the sponsor and the employer, since it dep...
9
artículo
Publicado 2020
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The oralization settlement in the labor process has implied a different dynamic from that previously had. But this has not been the only change in the labor reform. Therefore, the new procedural system has incorporated diversity legal process forms of settlement agreements. Thus, the employer or employee can exercise their right of action to resort to other mechanisms that resolve disagreement in the employment relationship. This new legislative method has brought us to establish two antagonistic positions: on the one hand, some who support the viability of applying the availability test based on private autonomy and the initiative of part in the process; and on the other hand, those who argue, under the principle of inalienability, the protective role that the judge should have against these processes.
10
artículo
Publicado 2024
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The seriousness of the existing academic harassment and the solutions, sometimes successful, sometimes not so successful, given by higher education institutions, justifies this work. The objectives pursued are to investigate a subject where there is a relevant international, European and national regulation of academic institutions of higher education; to analyze the legal precepts on harassment in Spanish universities, also the Law of University Coexistence, as well as the doctrine and jurisprudence applicable to these cases. In this context, the use of the social jurisdiction is promoted due to the outstanding protection it grants to the party most in need of protection and due to the characteristics of the social jurisdictional order. Often, the labor route may be an option that the victim may consider to be the best way to resolve these situations, in those cases that are more favora...
11
artículo
Publicado 2016
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This article focuses on the analysis and use of the institutions that are used in the new work process in order to give effective protection to workers in a process who were imposes a minimum duty of proof, and in turn, serve to combat fraud in hiring.
12
artículo
Publicado 2018
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In the learning society, one of the challenges for teachers in training is the need to define and develop a set of professional skills in their initial training, essential for their subsequent entry into the labor market. In this work, the aim was to delve into the employability skills developed by students in the Primary Education undergraduate study program, their relevance for their process of socio-labor insertion, as well as their global perception to face it. An inter-university study was carried out with a total of 210 students in their final year at Universidad de Murcia and Universidade da Coruña, both Spanish. The collection of information was carried out on the basis of the previously validated Labor Counseling and Insertion Questionnaire. The results showed few differences between the assessments of the students of both universities, which coincide in pointing out to a great...
13
artículo
Publicado 2018
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In the learning society, one of the challenges for teachers in training is the need to define and develop a set of professional skills in their initial training, essential for their subsequent entry into the labor market. In this work, the aim was to delve into the employability skills developed by students in the Primary Education undergraduate study program, their relevance for their process of socio-labor insertion, as well as their global perception to face it. An inter-university study was carried out with a total of 210 students in their final year at Universidad de Murcia and Universidade da Coruña, both Spanish. The collection of information was carried out on the basis of the previously validated Labor Counseling and Insertion Questionnaire. The results showed few differences between the assessments of the students of both universities, which coincide in pointing out to a great...
14
artículo
Publicado 2018
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In the learning society, one of the challenges for teachers in training is the need to define and develop a set of professional skills in their initial training, essential for their subsequent entry into the labor market. In this work, the aim was to delve into the employability skills developed by students in the Primary Education undergraduate study program, their relevance for their process of socio-labor insertion, as well as their global perception to face it. An inter-university study was carried out with a total of 210 students in their final year at Universidad de Murcia and Universidade da Coruña, both Spanish. The collection of information was carried out on the basis of the previously validated Labor Counseling and Insertion Questionnaire. The results showed few differences between the assessments of the students of both universities, which coincide in pointing out to a great...
15
artículo
Publicado 2021
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This study analyzes the effectiveness of conciliation in labor proceedings at the Superior Court of Justice at La Libertad, and it addresses the need to take advantage of the scheduling and development of the conciliation hearing to implement mechanisms to optimize the hearing of labor proceedings. To this end, the principles of concentration, celerity, and procedural economy are taken into account. Likewise, as a proposal, procedural aspects that could be deployed or resolved in the aforementioned hearing are postulated.
16
artículo
Publicado 2018
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By means of this article we will analyze the usefulness of the labor agreement and the job description in the performance evaluation process, so as to integrate the tools provided by the Human Resources discipline and the Labor Law dispositions. This article addresses the steps that must be taken into consideration in order to penalize employees that breach their labor obligations. This includes the implementation of an action plan and the final decision of the dismissal of an employee. For these purposes, we will explain the significance of the labor dispositions related to serious mistakes.
17
artículo
Publicado 2017
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Cocoa in grain is a tropical fruit considered as a heritage in Ecuador and constitutes 60% of the premium quality in chocolates worldwide, has sensory characteristics unmatched by other producing countries. Manual drying and selection activities contain many occupational hazards, affecting the safety and well-being of the people involved in these tasks, with the ergonomic risk of an intolerable level requiring immediate intervention. This research provides safe automated mechanisms for operations through internationally validated methodologies, without affecting the sensory characteristics.
18
artículo
Publicado 2016
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This contribution analyzes the role fulfilled by International Labor Standards and, specifically, by social clauses in Free Trade Conventions and Agreements, as a way of preventing social dumping and building a social dimension in the globalization and regionalization of economy. The author offers the case of the MERCOSUR Labor and Social Declaration, issued in 2015, which amends that of the year 1998, studying its contents, legal efficacy and supervision mechanisms. He emphasizes the fact that social charters generally limit themselves to recognizing fundamental or basic labor rights already found in the legislation of the member countries, but which are nonetheless useful for hindering attempts to deregulate or relax social and labor provisions.
19
artículo
Publicado 2021
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The purpose of this article is to analyze the provision contained in article 49, paragraph 1), of the New Labor Procedure Law, regarding the moment in which the judge delivers the copy of the answer and its annexes to the plaintiff, granting him/her a prudential time to review the evidence, and also regarding the possible affectation to the principle of equality of arms. Based on this approach, we intend to discuss the scope of the principle of procedural equality and the role of the judge in the labor process.
20
artículo
Publicado 2021
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El presente articulo ofrece información de los programas de capacitación implementados por los países de América Latina y el Caribe (ALC) como respuesta al desempleo que afronta los jóvenes de escasos recursos. Para ello se expone el objetivo y el alcance de los programas de capacitación laboral implementados desde la década de los 80 al presente, por diferentes gobiernos, así como los cambios en sus procesos. Para el caso Peruano se realizó un análisis documental del Programa de Capacitación Laboral Juvenil (PROJOVEN), programa promovido por el Ministerio de Trabajo y Promoción del Empleo (MTPE), se abordó los resultados de investigaciones académicas de diversos autores especialmente en los procesos operativos.
