A discontinuous nature of work is related to areas of ongoing work but lapses involving suspension itermitente give character to the provision of services. This sommelier
containing the reflection of the Supreme Court on setting up the serious lack of dereliction of duty in a company with discontinuous nature activities:
Since
that the parties agree that the conclusion of collective agreement due to recognize the nature of the work carried out by the company, that is, accept that is a staple activity or seasonal nature, as is expressly provided for both the fishery industry standards and labor standards, workers have perfect knowledge of the resumption of work at any given time, since there was no closure of the company but only the suspension of their work for objective reasons, being then the obligation of the plaintiff go to their work once it was restored relationship. Therefore, the latter incurred on official misconduct to be unreasonably unassisted for more than three days at your workplace.
CAS. No. 891-97-CHIMBOTE (El Peruano 31/12/1999)
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