Sunday, September 28, 2008

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Labour Court: If a worker returns to employment discontinuity at the beginning of the work, is set misconduct?



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)




Photo: civilfor.com

Tuesday, September 23, 2008

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Can I work for a company without a contract? Full


During the consultations is common to hear employees say they are working but "no contract" , it is clear that what they mean is they serve without having signed a document stating that the agreements of the contract or that in any case, are not enrolled in the return.







in principle be taken into account: it is not possible for someone to provide services without a contract , from the moment you start showing your work and you will in the direction you want to deliver the service (as true as redundant). From the moment that the employer directs and assigns tasks, is expressing desire to serve the worker, so the contract is perfectly present in practice but not in the paper.

regard classical sentence in the labor courts is as follows:

"The employment contract is a contract really, this is typified by the manner and conditions under which the service was provided, regardless the name that could give this relationship ... " Simply
words, and as I tell my students that you work "no contract" is like saying that the bride has a girlfriend but does not know ... absurd.

Friday, September 19, 2008

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Civil Jurisprudential 1997: Acts of provision in one of the spouses on social goods


Resolution adopted unanimously:

"The legal act by which one spouse has social goods without involving the other, is void for not complying with the requirements validity of the act that requires the Civil Code "


Image: taringa.net

Thursday, September 4, 2008

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To express briefly the ordinals, we use two systems: Roman numerals and Arabic numerals followed by letter flown, so can be written as the XXIII edition of the Festival of San Sebastian as 23. nd edition of Festival of San Sebastian . When using the second procedure, we must bear in mind that, except in the case of the shortened form first and third , who have flown the last two letters of the ordinal ( 1. er, 3 . er, 23. er) is flown only the last letter: 1. º , 2. º , 3. ª , 28. meetings, etc. Not advisable, therefore, abbreviations such as 1. Ero , 2. do , 7. Mo , 8. Vo , 9. not , etc., Sometimes used in American English, probably under the influence of English ( 1st, 2nd , 3rd, 7th ). As seen in the examples, type a period by the number and letter flown.

Wednesday, September 3, 2008

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How to be relocated if it was stopped illegally? Supreme Decree 005-2008-TR

The September 03, 2008 has been enacted Supreme Decree 005-2008-TR prescribing mechanisms for the relocation (Law 27,083) of workers dismissed illegally in public or state institutions The schedule is as follows:



  1. September 19, 2008 .- Publication date booked seats on the website of the Ministry of work.
  2. 19 to 30 September 2008 the request for redeployment to the documentation required by the PETM, it includes the updated CV, certificates of work experience and length of service qualifications.
  3. September 30 to November 20, 2008, verification of minimum requirements.
  4. November 28, 2008, issuance of the Final Report of job relocation.
  5. Workers who do not submit your application or do not reach to get a place will receive financial compensation.
  6. final resolution shall be executed within ten (10) days after its publication in the newspaper El Peruano.


Nicole Jeannette Magana

How to find legal advice without dying in the attempt?







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