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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)

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Mississippi River Paddle Boat Helm

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.

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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 "

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