The Review of Procedural Labor Law

Presentación

Humberto Luis Cuno Cruz — Sat, 30 Nov 2024 00:00:00 +0000

Intellectual Property in Mexican Labor Law

Verónica Alejandra Curiel Sandoval, Carlos Enrique Rosales Guevara — Sat, 30 Nov 2024 00:00:00 +0000

The innovations, creations, or inventions in the literary, artistic, scientific, industrial, commercial and other fields, which arise during the relationship that unites the worker with an employer, are extremely important for the daily life of society; however, although the legal framework applicable to the protection of these novel tangible or intangible assets is broad, when considering the rights that each person has with respect to the project, product, or element developed, when the creation arises in an employment relationship, it is appreciated a precarious and insufficient regulatory environment, since it has practically been left in legal oblivion. It is significant not to omit that the primary purpose of intellectual property law is to protect the legal interests of the creators of original and/or innovative goods or products, while labor law seeks to protect what is conducive to a workeremployer bond. It is important to note that in the present research the mixed method was used for its respective development.

The Ricks of Biomechanical Demands of Lifeguard Workers

José Antonio Virginis — Sat, 30 Nov 2024 00:00:00 +0000

The protagonist of this work is a lifeguard worker who works in an aquatic environment, whose primary function is the prevention of accidents within the area of his responsibility. Firstly, the context, the most salient characteristics of the profession, the conceptual definitions, and the security elements will be explained. Secondly, the so-called risks of biomechanical demand and their main characteristics will be pointed out. Thirdly, the conclusions and different solution proposals introduced in a basic guide to good practices will be postulated.

Family Allowance in Peruvian Legislation

Javier Arévalo Vela — Sat, 30 Nov 2024 00:00:00 +0000

In this article we will study the regulation of the family allowance benefit, taking into account, in addition, the jurisprudence issued in this regard, which has allowed its effective enjoyment by workers.

Implementation of Article 32 of the Occupational Health and Safety Law in Municipalities of Metropolitan Lima

Sat, 30 Nov 2024 00:00:00 +0000

International and national studies, such as those conducted in Garagoa (Colombia) and Lima (Peru), reveal that many municipalities have deficiencies in the implementation of the Occupational Health and Safety Management System (SG-SST), with low compliance levels attributed to the lack of risk monitoring and control measures, as well as associated costs. Therefore, this research aimed to evaluate the level of implementation of the Occupational Health and Safety Law in 20 district municipalities of Metropolitan Lima by verifying compliance with Article 32 of the Occupational Health and Safety Law. Additionally, it was found that the main barriers are the lack of monitoring, risk control, and associated costs. Greater attention and resources are needed to improve the organizational culture focused on preventing occupational accidents and diseases. It is concluded that the level of implementation of the Occupational Health and Safety Law in the district municipalities of Lima is low, with Pucusana and Lurín being exceptions with high compliance.

Delimitation of Jurisdiction between the Contentious-Administrative Judge and other Judges of the Republic through Jurisprudence: the Peruvian Case

Luis Alberto Huamán Ordóñez — Sat, 30 Nov 2024 00:00:00 +0000

The author of this essay proceeds to analyze the various pronouncements of the Peruvian Judiciary contained not only in second-degree sentences but also in full jurisdictional sessions as well as in cassations through which, in the practical scenario of jurisprudence, the jurisdiction of the contentious-administrative judge before other judges, such as civil or labor, in matters related to administrative actions of administrative law as well as those administrative actions of private law generated by organizations that exceptionally perform administrative functions or provide public services to the the same as those that combine administrative actions of administrative law with other types of actions of individuals under a regulation other than that of administrative law that do not always allow the competent judge to be identified, clearly, to subject the administration to sufficient judicial control; in this order of ideas, it stops to analyze the current role that has been generated as a product of the transformation of Administrative Law based on the figure of the flight of said discipline towards a scenario of depublication and its impact on administrative actions susceptible to be subjected to contentious-administrative as a judicial process, showing a critical judgment regarding the dissimilar position of the Courts as well as proposing some ideas with the purpose of improving this scenario of uncertainty in the determination of the natural judge in a delicate procedural matter where the individual must be protected from the attacks of the administration as a public power.

Conventional benefits: exclusivity of members or wage discrimination?

Maria Isabel Martínez Rivera — Sat, 30 Nov 2024 00:00:00 +0000

This study discusses the challenges faced by the Peruvian judiciary when the pending controversies are related to Collective Law institutes. Although there are multiple edges and obstacles that surround collective labor relations, the purpose of this article is to expose the problems circumscribed to the beneficiaries of collective bargaining agreements resulting from minority unions, as well as the granting of conventional benefits to former service providers and CAS workers with a judicially recognized and subsequent relationship. In order to deepen in the analysis of such a robust subject, the author starts by breaking down historical, theoretical and normative aspects, referring to legal institutions of collective law and their significant presence in labor relations; in addition, she includes dissimilar pronouncements of the Peruvian Supreme Court of Justice, in order to know its position on the scope and extension of collective bargaining agreements. By means of the referred methodology, it concludes that extending the scope of action of benefits of a conventional nature (derived from negotiations of minority unions), to those who do not have the status of members, places the permanence of the union organization in a risky position.

The Protection of the Labor Rights of People with Disabilities: a Permanent Concern

Rosa Isabel Torres Cadillo — Sat, 30 Nov 2024 00:00:00 +0000

The barriers that people with disabilities face in accessing employment, such as discrimination, lack of reasonable accommodation, stigmatization and the absence of inclusive policies, are a constant problem. Added to this is the impact of Artificial Intelligence technologies on the labor inclusion of people with disabilities, both as an opportunity and risk factor, depending on the use to which they are used and the legal framework that regulates them. Likewise, work as the main path for the development of people with disabilities implies the recognition of their right to decent employment and equal treatment and opportunities in the workplace. For this reason, the European Union strategy 2021-2030 on the rights of people with disabilities, which seeks to implement the United Nations Convention and improve the living and working conditions of this group in Europe.