Saturday, May 14, 2011

Does The Meningitis Rash Itch

XX WORLD CONGRESS OF LABOUR LAW AND SOCIAL SECURITY - SANTIAGO, CHILE 2012



Welcome



Dear Members and Friends,


We welcome everyone who visits the page of "XX World Congress of Law Labour and Social Security "to be held in Santiago, Chile from 25 to 28 September 2012.


thank the International Society for Labour and Social Security, having placed their trust in our Chilean Society to undertake this great task of organizing the XX World Congress.


It gives us a nice challenge, we've taken with the motivation that gives us the power to receive all of you in our beloved country, which offers beauty, warmth and the best services for each of the participants feel received and considered the most important participants, and you can find an area of \u200b\u200bacademic debate, but also of friendship and fraternity.


We wanted to develop the organization of the Congress with the utmost professionalism, for which we have the advice of the prestigious Eventually, he took the production and support, thereby allowing our work in optimal conditions. We have also contracted the convention center in the W Hotel, a venue of excellence for the development of sessions with a great location in terms of increased comfort and safety.


But fundamentally, as Chilean society, we have assumed that the objective of Congress constitutes a high-level academic experience, where Conciliemos conferences and moments of debate. To this end, we design a methodology that allows each of the assistants is an actor and not just an auditor.


The hope in human and academic space, we are sure mean to you an enriching and unforgettable.

Walker Francisco Errazuriz
Pereira President Lagos
CongresoRafael President Chilean Society for Labour Law and Social Security Program




TOPIC I:


EFFECTIVENESS OF LABOUR AND THE ROLE OF THE LABOUR INSPECTION


Giuseppe Casale, Italy - ILO


ITEM II:


MOBBING AND SEXUAL HARASSMENT IN THE WORKPLACE


SERGIO GAMONAL, CHILE


José Luis Ugarte, CHILE


ITEM III:


STRIKE AS A FUNDAMENTAL RIGHT AND POSSIBLE CONFLICTS WITH OTHER FUNDAMENTAL RIGHTS OF CITIZENS


BERND WAAS, GERMANY


ROUNDTABLES:


Present and Future of Social Security


Present and Future of Labour Law


Present and Future of the Labor Litigation

XX WORLD CONGRESS REGISTRATION LAW OF LABOR AND SOCIAL SECURITY - SANTIAGO, CHILE 2012


Select a category of registration for the Congress, according to the following:


VALORESDesde 31/8/2011Desde 1/3/2011 to 1/9/2011 to 28/2/2012Desde 1 / 3 / 2012 to 1/7/2012 onwards 30/6/2012Desde


AsistenteUSD 390US 450USD 510USD 570


Companion (*) 95 USD 95USD 95USD 95USD


clausuraUSD Party 95USD 95USD 95USD 95


(*) The value of passenger is entitled to participate in Inaugural Ceremony, Cocktail, City Tour of Santiago and Closing Party Registration

attendees include:


Conference Registration


Assistance Sessions Congress


simultaneous English translation and French


simultaneous translation into Portuguese, only if the number of participants of the language than the 50


Materials Congress


Participation in Opening Ceremony and Cocktail


ASSISTANT REGISTRATION NOT CONSIDER THE VALUE OF THE CLOSING CEREMONY, WHICH IS AN ADDITIONAL COST OF $ 95

Wednesday, April 20, 2011

What Happens At The End Of Drag Me To Hell

Again extended the freezing of rents

again was extended for six (6) months the extent of freezing of rents, which was published in Official Gazette No. 37941 dated nineteen (19) May, two thousand four (2004). The joint resolution in question was published in Official Gazette No. 39656 dated fourteen (14) April two thousand and eleven (2011), entered into force immediately.
be recalled that the previous extension was established by joint resolution issued by the Ministry of Popular Power for Housing and Public Works and the Ministry of People's Power for Business, The joint resolution in question was published in Official Gazette number 39539 dated twenty-seven (27) of October two thousand and ten (2010) and entered into force thirty (30) of October two thousand and ten (2010).

Friday, March 25, 2011

Can You Join The Army With Eczema

NEW LABOUR LAW LITIGATION: best left in abeyance: DR. VASQUEZ JORGE RENDON




by Dr. Jorge Vásquez Rendón
Professor Emeritus at the Universidad Nacional Mayor de San Marcos.
Docteur en Droit by l'Universite de Paris I (Sorbonne)



NEW LABOUR LAW LITIGATION: best left in abeyance


On January 15, 2010 was published in the official text of the New Labour Procedure Act, 29 497, but not to take effect the next day, but six months later. And yet, not immediately, but "the opportunity to progressively and district court has "the Executive Council of the Judiciary (9 ª DC). So far, that opportunity has come to them, timid and cautious, to Tacna (R. Adm. 236-2010-CE-PJ), Cañete, Yauyos and Mala (R. Adm. 276-2010-CE-PJ); Trujillo and other provinces of La Libertad (R. Adm. 295-2010-CE), Arequipa (R. Adm. 331-2-1-CE-PJ) and Cusco (R. Adm. 368-2010-CE-PJ; in total, about 15 labor courts already exist in areas with relatively small numbers of dependent workers. not created any new court or room.




Why?


The implementation of the New Labour Law Litigation is very expensive. To meet the new accumulated caseload would require a number of judges of first instance and labor room four to six times higher than the existing, which in plain language means that, if this Act were applied throughout the country, not increased the number of judges and facilities, work processes, which currently lasts three to six years with Law 26326, would be extended to ten or more years. With Supreme Decree 007-71-TR, 1971, ending no later than six months after filing the lawsuit. There is progress, as seen in duration and complexity ....




seems that the lawmakers had dispensed with the cost-benefit. No studies have been based on the labor caseload. Have chosen to ignore the number of daily demands of work entered in each judicial district and the number of sentences in each instance and the Supreme Court during that period. If you are 100 requests received per day and 30 the judgments, the deficit is 70%.


judicial activity already work the State has a hard time now for the high salaries of judges and the elements required to perform. And the court fees but fail to fund it at a reduced rate. Would you have been assigned to the Judiciary in the Budget this year the necessary resources for implementation of the New Labour Procedure Act? Obviously not. It is as if lawmakers had left in a place a sophisticated car without fuel, without a proper road and a driver does not properly trained to drive. We all look with curiosity, but there would be detained and useless.

For members of the committee of lawyers called to prepare the draft of this law, suggest new ideas and debate was, perhaps, the opportunity that had been waiting to show off his wisdom and commitment to the principles of orality and immediacy as innovations spectacular around which gravitate the new process should work. It mattered little that a hearing of this ideal process had to take three hours to complete in a report that would not cover the conduct of all the evidence admitted, nor that a judge could only attend a hearing in the morning and afternoon, or The review and signing of the release will take about three hours, and that the wording of the judgments remain as a homework assignment, to be held in the evenings, Saturdays and Sundays, and often accompanied the bustle of home. There is no record anywhere that labor judges and their representative bodies have been considered and even less critical of a procedure that already have not obviously either, that New Labour Procedure Act will entail. Criticizing is not part of their function. If the procedural deficit increases will not be liable. They will continue taking the number of sentences that could properly by day, month and year.


The employment relationship is relatively simple. Links to an employer and an employee for the performance of dependent work and payment of remuneration. While these benefits are divided into several stages, do not give a complex and intractable. The doctrine and practice have become diaphanous entities, certain and manageable for its players, professionals working in them and the judges work. Moreover, documents relating to the employment relationship, such as payroll and payslips and attendance record, let know a great extent. So, correspondingly, the work process knowledge and bill of rights could be simple, single, brief, written, except for hearing, taking investment axle load test. This principle, which puts on the employer's obligation to prove compliance with its obligations, provides access to real truth, not just legal. Supreme Decree 007-71-TR was strict in applying this principle. "The ruling upheld the claim -Available-: of the points where the burden of proof, the defendant has not proven. "(Art. 50-b). 26636 Act also placed the weight of the burden of proof on the employer to say, "It is for the defendant employer to prove compliance with their obligations under the laws, collective agreements, custom, rules of work and individual contract job. "(art. 27 º -2). But wiped out the effect of this principle in the sentence, and replaced it with a can weighing of evidence by the judge "together, using their reasoned assessment" (art. 30 º). The Law 29497, the employer's obligation to prove certain facts survives, but also deprived of legal effect if the breach, and, incidentally, has eliminated the assessment of evidence by the judge, who thus becomes a kind of autocrat in the process.

Much of the work process is triggered by layoffs in fact, without the essential formalities, or the mere allegation of a cause attributable to the worker. If the dismissal is in fact or without the essential formalities, which would be for the immediate reinstatement of the worker in his job. But this is not the meaning of Legislative Decree 728. The process initiated by the worker must take its course so that Finally, after several years, the worker, if you win, you can operate in a complementary process of implementation. Where the dismissal of the complaint comes just cause, although the burden of proving its existence to the employer, in practice every day, is the worker who must prove that the cause has not been produced, and of course, follow also the result of the process, after several years of litigation.


Recently, the President of Argentina, Cristina Fernandez de Kirchner referred to the existence and prosperity of an "industry view" to criticize the system Work injury compensation in the hands of private insurance companies. As they pay very little, affected workers or their relatives have no other way than the courts, where, generally, get the compensation awarded to them, they must share with their lawyers.


With Law 26636 and the New Labour Procedure Act has also been stimulated in our country a "labor lawsuit industry." But the other way for employers and workers.

For some employers, not paying wages, no full pay or default payment of duties social is presented as a profitable business. With Decree Law 25920 of 27/11/1992, the employer, to finish the work process would be sentenced only to pay the "working interest" less than "legal interest" provided by art. 1244 of the Civil Code. She is preferable, therefore, expect to be sued and ordered his defense to a law firm specializing in labor issues. Even adding the fees to which he had to pay the worker if unsuccessful, would cost more expensive to borrow from a bank a sum of money equivalent. But would also have the chance to win the trial and not pay anything to her opponent.


Workers, the procedural means to pay their attorney fees. Something must give when starting the process according to their economic capacity, and then usually subjected to the contingency fee is usually up to 30% for the lawyer to obtain the final.


In this game, all the lawyers win. Both the Law 26636, as 29497, appear to have been designed for them, and not for employees.


A complementary perspective of this deplorable situation is the heavy atmosphere in the social landscape, ornate mistakes that have increased as indicated.


If you can not void the New Labour Procedure Act by another law immediately, the Executive Council of the Judiciary should be put on hold until the Congress, in its new form after 28 July this year, the reconsideration and resolution.


JOB ANALYSIS-FEBRUARY 2011-EFTA

Thursday, March 17, 2011

Ringstar Shoes London

IN MEMORY: DR. MARIO GRANDI




Sensible death: Doctor Mario Grandi



"Labour law is not an entitlement pro-operative but pro-man"

Casona de la Universidad Nacional Mayor de San Marcos, October 27, 2006 .





On February 9, 2011 died in Modena, Italy, Professor Mario Grandi, a distinguished Italian jurist and Honorary Professor of the Universidad Nacional Mayor de San Marcos.

Professor at the University of Bologna and author of Featured books and articles, among others, always stood out for its broad vision of labor law and social security, the same as reflected in their research.

Rest in peace master alongside the great luminaries of the Labour Law.




Doctor Mario Grandi


Distinguished Professor Emeritus



lived a historical moment Friday, October 27 Grades in the Hall of the Cultural Center of San Marcos. That day, he shook hands with the two oldest universities in America and Europe: San Marcos and Bologna (Italy), respectively.


The architect of this meeting was Dr. Mario Grandi, who was incorporated in San Marcos and Honorary Professor, in recognition of being a specialist in labor law more recognized in Europe and now serves as Director of the Department of Labour and Social Security at the University of Bologna.


Speaking Thank You, Dr. Grandi gave a lecture in which he reflected on the influence of Roman law in the workplace.


The honoree, whose written work abounds in this very sensitive topic of all time, has fulfilled many tasks relating to his specialty in Italy and in the economic community.


The head table was chaired by Dr. Aurora Marrou Roldan, Vice President for Research, representing the rector San Marcos, Luis Izquierdo Vásquez, Dean of the Faculty of Law and Science Politics, Juan Portocarrero Hidalgo, Secretary General, Ricardo Ramírez Lama and Professor Emeritus, Jorge Rendon Vasquez, who was in charge of the discourse of Order. Witnessed the imposition of delivery Medal and Diploma of Recognition, the representative of the Italian Embassy, \u200b\u200bteachers and law students.

Saturday, March 5, 2011

Mount And Blade Leadership

CAS NO JUDGMENTS ON WORKERS FOLLOW THE PRINCIPLES OF THE LAW OF

Changes in labor law in our country to continue and continue in force, have slipped to the judgments and case law to decide finally on the application of the rules, because even the existence of an operator in principle pro distorted immoral constitution of 1993, the trend is reversed and thus began to appear a code of labor court decisions favorable to employers and groups of power and even contrary to law, issued by judges largely satisfied with their jurisdictional power and aware of the time of being installed within a system which also are an important part.



The proceeds of the judiciary and professionals called to justice in the country reminds us of the following paragraphs:


"Since April 5, 1992, date of the coup State Fujimori in Peru, began to intensify the flexibility of labor laws at the hands of some lawyers and other professionals dedicated to advising businesses, operating from state bodies which have joined. Therefore, pro-business doctrine justifying the flexibility was welcomed as a unique and exclusive character, in social media, by certain employers. Feeling free to do what they want and come in their last volatilized and repairs, these professionals took to recommend to the sponsors, both private and public, in exchange for substantial fees of course, the subjugation of workers a lease of services being the ratio of labor nature, the imposition of work unpaid overtime, doing away with the controls ingress and egress of the worker, the use of contract arrangements for the exercise of activities which by their nature are permanent reduction in wages with the threat of dismissal, wrongful dismissal, the dismissal of union workers, etc.., attitudes welcomed as valid by most judges. That is, the doctrine, or better put, his doctrine was for these professionals as a springboard from which they would dive, disdainful, haughty, smiling, into the den of immorality. "






LABOR LAW


JORGE VASQUEZ RENDÓN


General Theory 2nd Edition 2007









Tuesday, March 1, 2011

Hoyt Trykon Xl Info. Na 2006 Hoyt Trykon Xl.?

II COURSE WORK SOCIAL SECURITY-2011-UNMSM MANZANILLA



II
COURSE OF LAW SOCIAL SECURITY-2011-San Marcos.


"In Commemoration of the 100th anniversary of the enactment of Law 1378-1st Workers' Compensation Act in Ibero-January 20, 1911"


DATE
V
DAY: FRIDAY, MARCH 04, 2011

AULA 141 - SCHOOL OF LAW-UNMSM



TIME: 6:15 PM -9:00 PM



"HISTORY, LEGAL AND FUTURE OF OCCUPATIONAL SAFETY AND HEALTH AT WORK IN THE COUNTRY"

; Abog. SHRINKAGE GERSON ABAD
(Abog. by the Faculty of Law, San Marcos )
(Specialist health and safety legislation at work)



"SOCIAL SECURITY BENEFITS IN HEALTH-LAW 27056"
Dr. MARCO BARBOZA
TELLO (ADVISORY COMMISSION ON SOCIAL SECURITY OF CONGRESS LA REPUBLICA )

              
  
   
tallermanzanilla@unmsm.edu.pe
   
tallermanzanilla@gmail.com/tallermanzanilla@hotmail.com
   INGRESO LIBRE

   ALL ARE WELCOME

will present certificates




Monday, January 24, 2011

Water Treatment In Ww1 Trenches

VI WORKSHOP SUMMER OF LABOR LAW-2011-CHAMOMILE-UNMSM TALLLER




NATIONAL UNIVERSITY OF SAN MARCOS MAJOR



(University of Peru, dean of America)



SCHOOL OF LAW AND POLITICAL SCIENCE


RESEARCH UNIT-UNMSM

RESEARCH WORKSHOP LABOR LAW AND SOCIAL SECURITY

"DR. Jose Matias Manzanilla "
(Rector's Resolution No. 3977-R-07) \u200b\u200b

VI COURSE OF LABOUR AND SOCIAL SECURITY


" TO THE EIGHTH CONFERENCE OF LABOUR AND SOCIAL SECURITY - UNMSM "



Day: Every Monday from January 24 to March 28, 2011.


Time: 6:00 PM-9: 00 PM

Location: Room 148-School of Law-San Marcos


Registration and information: tallermanzanilla@hotmail.com / tallermanzanilla@gmail.com
OR IN THE UNMSM CFD.



http://groups.msn.com/TALLERJ-M-MANZANILLA-UNMSM



FREE ENTRY


20 academic hours

SE CERTIFICATES GIVEN


Sunday, January 16, 2011

1 St B-day And Making Requests

Temporary restriction on housing evictions

The Judicial Commission of the Supreme Court at its regular meeting yesterday, Saturday (15) January, two thousand eleven (2011), stated:
"seen the declaration of National Emergency Presidential Decree under the calamities and natural disasters caused by rains in the entire national territory must comply with reporting urgently instructed all judges and judges of their respective judicial district, and greater emphasis Judges for the executors of temporary measures on the limitation of any practice of judicial interim executive or falling upon residential properties or family room. "
Consequently, if agreed upon is the suspension - whose effect is indeterminate - the execution of eviction notices and / or abduction of family residential properties, whether of a precautionary (preventive) or executive, it goes without saying that although the plaintiff eviction action, resolution and / or performance bond, which entails the delivery of the property, obtain a sentence favorable and the same is a final (decision against which no appeal ordinary one), you can not see it materialized. Hopefully in the coming days, our highest court to explain the scope of the communique signed by Judge Luisa Estella Morales.



Friday, January 14, 2011

Iron Supplements Stool Color

Download Laws enacted in 2010



This time I hang up the link to download zipped all the laws that were passed by the Assembly Nacional in 2010. I hope it's helpful.
DOWNLOAD
LAWS 2010 (archive)

Source: www. Asambleanacional . Gov.ve

Saturday, January 8, 2011

Idears Formastibating

URGENT: Act to stop "arbitrary evictions" of tenants

regulatory activity continues. Today in the evening, President Chavez met with the organized community and after receiving several legislative proposals Tenants, has ordered the eviction decree prohibiting "arbitrary" family leased the respective warning to operators of Justice. Among the proposals developed by the Network of Metropolitan Tenants "is the request for an increase to 4 the months unpaid lease to proceed with the eviction of the tenant.

"following the adoption of new laws, there will be no judge to serve the exploiters and that the legislation would provide for judges to decide evictions" arbitrary "are punished by Judiciary. Under current legislation, owners wishing to terminate a lease should go to civil courts. Last July, the parliamentary Dario Vivas proposed that the responsibility to decide on evictions fall on facilitators provided by the Ministry of Housing, but the initiatives have not crystallized into a new Tenancy Act during the legislative session that ended on January 4, 2011. "(From www.noticias24.com )
Now the question is, before this presidential threat, a Judge of the Republic will dare to give some measure of kidnapping?

Monday, January 3, 2011

Beautiful Kiss On The Stomach

HAPPY NEW YEAR TO ALL! Again

After a couple of months disappeared from the medium, here I am again in front of my blog , hoping first that this year 2011 be a great help, health, success and prosperity for us all to meet new goals, new challenges afrontar...


En la materia que nos atañe ya son varias las Leyes que debemos estudiar, el proceso legislativo del mes de diciembre fue redoblado, esto sin entrar a discutir la razón de tal hecho. Espero ponerme al tanto de todos estos nuevos textos esta semana y poco a poco estaré publicando entradas al respecto.


Una vez mas deseo a todas aquellas personas que se toman un poquito de su tiempo para entrar a leer este humilde blog, que les vaya bien bonito este nuevo año.




ABG. JUAN CARLOS TOLOZA MARIN

Saturday, December 18, 2010

Capacitors Vs Battery Pros Cons

BUSINESS GRADUATES


http://www.cal.org.pe/fx_dir_acad_dip.html


DIPLOMA IN LITIGATION FREE LABOR AND SOCIAL SECURITY LAW






labor competition Law No. 29,497 (NLPT)






admission and source of demand in Law No. 29,497 (NLPT)



Labor Policy, special regulation and inspection system


The labor conciliation in Peru







PENSION CERTIFICATE IN EMPLOYMENT LAW AND LITIGATION TECHNIQUES OF ORAL LABOR


- SEE NORTH LIMA


Recruitment Direct Personnel and Training


probation Activity in New Labour Procedure Act


The Many Forms of Termination of Employment Relationship


Vacation


time compensation Service


Legal Perks


The Remuneration


Strategy critical debate


Replenishment in the CAS regime


See Constitutional Replenishment


The additional insurance risk work and their treatment by the Constitutional Court


Tax Audit and the right of employers


pension rights and means of judicial protection


constitutionally protected content of the right to pension and pension desamparización


The Public Education System - MODIFIED


Exp No. 2877 - 2005 - PHC / TC


Brokerage Outsourcing and Labor


drafting a Best Argument based on expert opinion


Argument schemes and critical questions

Thursday, October 28, 2010

How To Connect 2 Receivers With One Dish

extending the freezing of rents

Again was extended for six (6) months far RENT FREEZE , published in Official Gazette No. 37941 dated nineteen (19) May, two thousand four (2004). The joint resolution in question was published in Official Gazette No. 39539 dated twenty-seven (27) of October two thousand and ten (2010) and will take effect from next thirty (30) of October two thousand and ten (2010).
be recalled that the previous extension was established by joint resolution issued by the Ministry of Popular Power for Housing and Public Works, number 043, dated seven (7) April two thousand and ten (2010) and the Ministry of People's Power for Business, number 035, dated six (6) April two thousand and ten (2010), published in Official Gazette No. 39407 dated twenty-one (21) of April two thousand and ten (2010) and entered into force following the thirty (30) April two thousand and ten (2010)

Sunday, October 10, 2010

Hey Luggage Outlet Mississauga

CAL-2010 COMMENTS ON THE DRAFT LAW-GENERAL OF THE WORK OF DR. VASQUEZ JORGE RENDON



COMMENTS ON THE DRAFT GENERAL LABOR LAW

by Dr. Jorge Rendon Vasquez *
Professor Emeritus at the Universidad Nacional Mayor de San Marcos.
Docteur en Droit by l'Universite de Paris I (Sorbonne)


INTRODUCTION


As will be seen later, the draft Labour Act contains a lot of items that, if adopted, would violate numerous labor rights recognized by the Constitution, and create highly adverse conditions for workers. Many of them also appear as legal nonsense.


examination of its text and context that serves as a framework the following conclusions are that for a didactic reason, it is immediately exposed to contrast, then, with the detailed analysis of some of its most relevant articles.

CONCLUSIONS

1 .- From the standpoint of political, economic, social, and even policy, the meeting of labor laws in a code or a general law is not absolutely essential. Currently in Spain, most of this legislation is in a group of regulatory bodies whose application, from a technical standpoint, does not cause problems or is noisy: TUO Legislative Decree 728 to the framework of the employment contract; TUO Legislative Decree 854 for the duration of daily and weekly; Legislative Decree 713 for weekly rest periods, holidays and annual bonuses Law 27735 for Independence Day and New Year, Legislative Decree 677 and Decree Law 892 for participation in the profits of enterprises; TUO Legislative Decree 650 for compensation for length of service; TUO Decree Law 25593 for union organizing, bargaining and collective agreement and the strike, Law 28518 for job training contracts, and some other regulations. Classification, presentation and analysis, together with the contribution of jurisprudence have been the work of specialists, and there is therefore difficult to identify standards applicable to each particular case. This is how the systematization of the labor law has been shaped by our political, economic and social development, and there is no obstacle to that way of being to continue. Basically, their full inclusion in a single regulatory body would assign to the standards now include chapters and an articulated sequential single task irrelevant and cosmetics, but whose effects on workers, to become law the bill would be devastating.


2 .- From a technical standpoint, the meeting of the majority of labor standards in a draft Labour Law involves the unnecessary accumulation of many problems concerning the provisions currently contained in various statutory bodies. Working relationships are essentially conflicts over competing interests of the parties, and there appears every working arrangements as transitional epilogue of a confrontation that, in general, is still in daily activity and will be resolved in courts of justice . In his famous "Discourse on Method", the great philosopher Rene Descartes advised to divide a problem into as many parts as possible to try to solve it step by step. Applying this wise procedure, it is logical to examine every job and treat legal institution separately, constantly consulting the parties, leaving the legislature the ultimate solution if they fail to reach agreement. One provision may pose a conflict. A bill of some 437 articles creates many cases of unnecessary conflict or just itching to have a taste of Labour Law.


3 .- Our labor laws, one way or another, finds its basis in the Constitution. For several major political parties, the Constitution must be reviewed and modified or changed, and public opinion leans mostly for that review. Therefore, a General Law Work, embedded in the current Constitution, it is premature and highly inconvenient. Until the time of national and parliamentary debate on constitutional reforms, the institutions of labor law could be reviewed separately, in response to the need to change certain rules and specific situations.


4 .- It is therefore recommended that legislators have the Draft Labor Law is not approved, and, conversely, to be released in the official newspaper, so that actors whatever social level, Labour law professors, lawyers and other professionals, and citizens generally propose specific changes or suggestions they deem appropriate to their interests and the interests of the country.


CODING PATTERNS OF THE LABOUR LAW

codification of labor laws, which can lead to a code, a general law or a consolidation, is, from the technical point of view , a procedure to collect the rules in this legislation is formed into a single body, placed in divisions with a unique sequence articulated. Basically, it is, therefore, a consolidated text that need not necessarily be interpolated innovations. These can be included or not. This depends on the appropriateness of the shares if involved in its preparation, and the political will of the legislature. Being so contentious labor relations, the conflict of interests of employers and workers, the really important changes are usually very difficult. Each proposal may raise serious innovation bitter debates that, ultimately, ruin, and, ultimately, reconciliation can only add unnecessary variations. In addition, an encoding, even if only a consolidated text, responds to changes in labor legislation itself and the state of relations between management and labor. These developments over the past two decades has been marked by the onslaught of liberalism committed to the disappearance of social rights.


RECENT LABOUR LAW


At the end of the eighties, the labor laws of Peru had reached a level of protection for employees who are offered a set of minimum rights in consideration of the use of its work force by employers. These rights have no impact, certainly, on the actual amount of remunerative income jointly determined by economic reasons and, in particular inflation since the beginning of the decade until the early nineties had risen to astronomical figures. Overall, the basic remuneration and social rights reached constant values \u200b\u200bvery poor figures compared with the same items paid in the seventies and in other Latin American countries, and the abysmal distance perceived in highly industrialized countries.


The liberal offensive undertaken since the second half of 1990, and conducted with the support of Congress until early 1992, and then unleashed and unchecked since the coup of April 5, 1992, attacked workers' rights and Social Security, reducing its content and scope to bring the income of workers at subsistence levels and to address them constant threat of dismissal. Favorite target of this campaign were: duration of labor, the amount of compensation, job stability, unionization and collective bargaining.


With the eradication of the Fujimori government in September 2000, our country was placed against a background of democratization. In the 2001 elections, the workers most insightful supported with their vote to the two political parties were offered the possibility of a change favorable to them and gave them the top two spots. When asked the winning party and its leader, already installed as President of the Republic, the fulfillment of his promises, he showed them the agreement as the most appropriate method to achieve and the National Labour Council and the scope to make their claims and negotiate. He was hopeful to assume at this moment, the leaders of the trade unions were set at a long table in front of delegates from business organizations and, in the eyes of a few cores from some institutions employers and a number of NGOs funded by foreign money, started a new game.


At that time, a tiny dose of common sense alerted to any worker with average knowledge of the negotiations that employers did not attend the National Council for Labour to lose the enormous benefits that were obtained from the government of Fujimori , which had promoted and sustained. But apparently, common sense had vanished from the consciousness of the leaders of the unions. Dazzled by the friendly studied the bureaucrats of the Ministry of Labour, the smiles and jokes of the business delegates and the many cups coffee were served, were seduced by this stage and the conversation with your companions, and told their bases, when they wanted to know what he was trying there, which was open to the trade union movement "a space for dialogue" .

GENESIS OF THE PROJECT OF A GENERAL LAW LABOUR

In early 2002, after receiving a draft Labour Act, drafted by a group of lawyers mostly employers, at the request of President of the Working Committee of the Congress, delegates working in the National Labour Council were given, therefore, body and soul, with delegates to discuss business, fueled by the obsequiousness of the Minister of Labour and its bureaucrats. Was most evident, then, that the union leadership had been caught in a trap with two adverse consequences for workers: 1) numbness of the union movement and passive positioning of the lure after a proposed agreement that would leave the General Law Work with a box imagined splendid labor rights, abandoning a strategy of association and reunion dynamics approach specific legal claims, and 2) the adoption of a draft Labour Act, might be supposed, would be nothing more that the final consolidation of the changes in labor legislation started in the nineties. (1)


And it was. That project, with a considerable number of articles "consensus" over, finally, the Congress Working Committee of the Republic, where under the guidance of a congressman acomedido by its president, was altered in some respects and presented the Presidency of the Congress with an opinion signed by only some of its members. In June 2007, the Project expected to be subjected to debate by the full Congress, formed by a qualified majority could be right.


When I heard at that time the contents of the project, developed in this study that several union leaders widely circulated among his colleagues and grassroots workers. His enlightening effect helped to realize the danger and mobilize to stop the submission of the Project to the House of Congress, and they succeeded. Now, however, the Working Committee of the Congress, he has extracted the file to try to make law. Whose or who has left the initiative? What the Commission advisers linked to an organization of employers or lawyers union leaders?

That
labor laws (and Social Security) of the decade of Fujimori issued by the employers' organizations should be changed is something historically unquestioned for workers. But this is not the time to reach that goal, since the correlation of forces in the legislature is not favorable.

The preliminary draft has 21 articles, 410 articles were distributed in the first part on individual employment relations and a second part on collective labor relations, and 6 additional provisions.


The following analysis deals only some of the worst aspects of the Project for workers or opposed to the Constitution. As we shall see, is definitely an attempt to consolidate the decreases in labor law practiced during the nineties that if the project was approved, it will be very difficult to get rid of them. Many of these rules, proposed by the representatives of employers, have been agreed by trade union representatives present at the National Labour Council, which took no action, obviously moved by the ignorance or carelessness, but by some other reasons . The business and labor representatives boasted probably why, having agreed a 85% of the content of the draft Labour Act. But employers want more: that 15% did not reached by "consensus" will be agreed by the Congress, pursuant to suit them, and to obtain, batteries and propagadísticas advertising and lobby have been launched to a campaign fund. (2)

[1] I called attention to this perspective damaging to workers in the Introduction published in the journal Labour and Social Security, Theory and Practice, Lima , eDial, 2001, Special Issue in honor of 451 anniversary of the founding of the Universidad Nacional Mayor de San Marcos, on the debate at the Meeting of Labour Law in June 2001 in this University, and at various conferences, including with the assistance of some leaders CGTP.

[2] An argument by lawyers and other professionals in the service of entrepreneurs is that labor law is benefiting only less than 20% of workers: those with formal employment. Therefore, the logical consequence for them would eliminate once the social rights to those who have reduced the level of informality, which would legalize it. It is not the case, for them, noted that 20% produce more than 80% remaining and the current social rights are a very small amount on the final price of goods and services, nor, obviously, that, not be paid for those rights, not reduce prices but to increase profits.


CRIMINAL LAW LABOR



Project says nothing about the criminalization of violations of labor regulations by employers. Art. 168 of the Penal Code is inadequate to ensure the legal interests should be protected: the income of workers, whether direct, their wages and social rights received from the employer, or indirect such as benefits from Social Security, character have food, and working with the means of protection to prevent occupational accidents and diseases. In this sense, the situation of workers and employers is totally uneven. A worker who takes ownership of a relatively small amount of the employer may be criminally charged and sentenced to deprivation of liberty. An employer who appropriates or retains compensation for length of service or other rights, which import a greater quantity, or do work without protective equipment provided for by law to profit from the cost of them remains free, and it is even welcomed by the people of their social environment for which appears as a worthy model of resiliency Creole mentality inherited from the colonial society based wealth and respectability in the plunder and slaughter of the conquered peoples. The rules relating to criminal law should be in Labor labor law, without prejudice to be applied by prosecutors and criminal judges.


Lima, June 2007.


Some corrections have been made in October 2010.

Saturday, September 11, 2010

Building A Dinghy Trailer

The FONAVI: Return what, to whom and why?


The FONAVI: Return what, who and why?







By Dr. Jorge Rendon Vasquez
Emeritus Professor of the Universidad Nacional Mayor de San Marcos



The Constitutional Court of 03/09/2008 (No. Expte. 01078-2007-PA/TC) on a citizen petition for an order to the National Election Board to submit to referendum a bill which provides money back FONAVI workers who have contributed to building this fund, it could be shown as an example of justice and misleading, paradoxically, unconstitutional, in short, like another case of justice underdeveloped. This statement and the requirements of certain civil courts, the National Election Board was forced to admit that referendum to be held on October 3, 2010 (Resolution N º 331-2008-JNE of 07/10/2008).

The core of this case is as follows: By Decree Law 22591 of 30/6/1979, created the National Housing Fund, under the name of FONAVI, whose administration was given to the Housing Bank (art . 1 º). The resources of the Fund were mainly: a) a contribution of public and private dependent workers, equivalent to 1% of their earnings, b) a voluntary contribution of independent workers, equivalent to 5% of their monthly income, and c) a employers contribution, equivalent to 4% of the salaries of its workers to the top five urban minimum living wage. The purpose was FONAVI housing be designed to be rented or sold to workers and taxpayers to lending for housing purposes to them (art. 17 º).

The 1933 Constitution provided, in that time, only for the public service law could create, alter or abolish taxes (art. 8 º) and the General Budget entries determined annually and costs the Republic (art. 9). Although the Government to legislate by decree laws, tax and budget was in line with these constitutional provisions that were essentially reproduced by the 1979 Constitution, promulgated on 12/7/1979. Said this, in fact, that "Only by special law will create, modify or repeal taxes ..." (art. 139 º) and that "economic and financial management of the Central Government is governed by the budget approved annually by Congress. Institutions and public entities as well as local and regional governments are governed by the respective budgets they approve. "(Art. 138 º). That Constitution, the state reserved a large business function and the provision of productive and service activities (art. 114 º) so that the FONAVI continued in the state budget under the administration of the Housing Bank, which was a public company designed to fulfill the function of promoting "the execution of public and private development and housing" (Const. 1979, art. 18 °), and resources continued to tax the nature of taxes.


In the nineties, the FONAVI was treated erratic, without affecting mainly its character of public resource. By Decree Law 25520 of 27/5/1992, the Fujimori government FONAVI seconded to the Presidency of the Republic and by Decree Law 25981 of 7/12/1992, ruled that since 1993 the rate payable would be 9% and would be responsible only for workers, for which the salaries were increased by 10%.


But almost immediately, by Law 26233 of 16/10/1993, most government changed the scheme by ordering that the contributions would be equal to 6% by employers and 3% paid by salaried workers, without affecting the 10% increase in pay. He followed the Law 26504 of 17/7/1995, which placed an obligation on employers to pay 9% of the contribution to FONAVI and exonerated the workers to pay any amount. Conforming to this scheme, employers were able to set the rate to charge 7% of wages, by Legislative Decree 853 of 25/9/1996, rate ratified by Legislative Decree 870, of 30/10/1996. A new pressure from employers led the charge rate to 5% of wages, by Law 26851 of 7/8/1997. Finally, Law 26969 of 24/8/1998, became FONAVI in contributing to the Extraordinary Solidarity Tax purposes, in large part, similar to those from this entity.
So FONAVI contributions to state resources were always administered by the Housing Bank, first, and then by the Central Government.


However, the Constitutional Court commented, these contributions are not taxes, and are not, not applying the constitutional rules in force since the FONAVI was created in 1979, but those of ... 1993 Constitution, in this case specifically applying art. 74 degrees of it. But do not say the art. 103 º of the Constitution of 1993 that the "law has no retroactive force or effect? The members of the Constitutional Court ignored signatories of this statement, moreover, that all state resources are accounted for in the public budget and, with the exception of contributions para la Seguridad Social (art. 12º de la Constitución de 1993) y del producto de las ventas de las empresas públicas, sus ingresos tienen la naturaleza jurídica de tributos en cualquiera de sus modalidades. La enumeración de los tributos por determinadas leyes, entre ellas el Código Tributario expedido el 30/12/1993 (Decreto Legislativo 773), no deja sin efecto la calidad de ingresos tributarios de otras contribuciones al Estado instituidas por leyes especiales, si cumplen los principios de legalidad, uniformidad, publicidad y obligatoriedad. Y, si bien estos principios estaban presentes en la contribución al FONAVI, no era posible, en rigor, aplicarlos retroactivamente.
Y luego los Signatories to the Constitutional Court ruling in question are allowed to say "The FONAVI is managed by a legal person (the Housing Bank) other than the State." I think it's the first time someone in authority says that the Housing Bank (which no longer existed when the Constitutional Court issued its decision) was not the State. How could they ignore that the state is constituted by the Central Government, public institutions and public companies? Set out these legal inaccuracies in its ruling, and they could commit another: having a referendum on "rules of tax and budget", as relevant to FONAVI, expressly prohibited by art. 32 º of the Constitution.


Constitutional Court members signed the statement indicated were: Magdiel Gonzales Ojeda, Javier Alva Orlandini, Juan Bautista and Ricardo Beaumont Bardelli Lartirigoyen Callirgos. In an extensive and well-informed vote in contention in the resolution of the National Election Board No. 331-2008-JNE of 7/10/2008, the vocal Enrique Mendoza Ramírez discover some of the inconsistencies of the ruling and order referendum.


The proposed return of resources Workers FONAVI taxpayers for the bill to submit to referendum raises other questions. What really helped salaried workers? The contribution payable by employers did not leave their property, or the workers. It was a cost of goods and services sold, charged with the price paid by the consumer public and using them. And so why return to the workers what they did not pay? You can ask other questions such as: What are the investment situation FONAVI made in housing, sanitation and other works? What is the amount that each worker has contributed? Even winning the other the unreasonable referendum next October 3, would be submitted on time the problem of determining the amount of contributions paid by each employee every month, with the forms and pay stubs for a problem that will generate a bureaucracy, gadgets and deadlines be projected with certainty until hell freezes over.


It is worth remembering that, on the same basis, supported by the Constitutional Court referred to other social groups can claim a refund of contributions to health, pensions, SENATI SENSICO, etc.


From the bizarre situation created by the proposed return of FONAVI arises, however, the need to schedule a public housing policy that should be present in the State. If the government has made investments in this sector, should take stock and communicate it openly. Socially it is possible to compensate for taxes paid in the past with subsequent achievements in this field, and more so if the original law was aimed FONAVI help solve the housing problem of workers and not to provide individual remedies to the newest category of "fonavistas" built around the expectation of extracting any number of the state.

Sunday, August 29, 2010

Cervix Is Hard Still Pregnant

INTERNATIONAL CONFERENCE ON LABOR LAW, Wilfredo Sanguineti IN SAN MARCOS-WORKSHOP PAPERS





INTERNATIONAL CONFERENCE ON LABOR LAW.


PRINCIPLES OF LABOUR LAW:


MYTH OR REALITY? SPANISH EXPERIENCE.


SPEAKER:


DR. Wilfredo Sanguineti RAYMOND


(DOCTOR IN LAW FOR SALAMANCA U.)


DAY: TUESDAY, 31 AUGUST 2010


TIME: 6:15 PM TO 9:00 PM


PLACE: SCHOOL OF LAW UNIVERSITY OF SAN MARCOS MAYOR.


FREE ENTRY


ALL SON BIENVENIDOS


TALLER DE INVESTIGACION DE DERECHO DEL TRABAJO Y SEGURIDAD SOCIAL.


DR. JOSE MATIAS MANZANILLA-UNMSM

Monday, August 16, 2010

Yogen Vocal Remover Con Crak

A special high Kajol

Kajol Biography, Kajol (Hindi language, काजोल) Born on August 5, 1975 in Mumbai, India, is a descendant of Bengali-Marathi and belongs to one of three families with more respect in the film business, family Mukherjee-Samarth.
comes from a family with a long tradition in the world of cinema: his mother is actress Tanuja in Bombay, and his father, Shomu Mukherjee, comes from the film in Bengali. Also his cousin, Rani, Mohnish Sharbani and are part of the industry and her younger sister who just started his film career Tanisha Mukherjee. In addition, grandparents played an important role in Bollywood a few years ago. Kajol
changed his surname at birth, Mukherjee, by her husband, actor Ajay Devgan and has a daughter named Nysa, who was born in April 2003. Kajol left school and began his acting career at the 17. Bekhudi debuted with the film in 1992, although it was far from successful fundraising. Still, he managed to appear in other movies that did better.
According to what is customary in Bollywood, Kajol is not a prolific actress, has acted only in 26 films since 1992, which in India is not too much. Many of the films have gone unnoticed by the screens, but Kajol has acted in the great successes of the decade and the entire history of cinema indio.Dilwale Dulhania Le Jayenge, for example, continues in the cinemas of Bombay despite they have spent thirteen years since its premiere and has earned a Guinness Record.

However, what really became a superstar Kajol was the special chemistry on screen with actor Shahrukh Khan, with whom he co-starred in five major éxitosy won the biggest prize of his life : Baazigar (1993), Karan Arjun (1995), the above Dilwale Dulhania Le Jayenge (1995), the most famous film of India, Kuch Kuch Hota Hai (1998) and Kabhi Khushi Kabhie Gham (2001).
In 1997, he appeared in Gupt: The Hidden Truth, which was one of the highest grossing films of the year and Kajol became the first female performer to win the Filmfare Best Villain Award. She has also obtained a great success with her now husband, Ajay Devgan in movies such as Ishq (1997), Dil Kya Kare (1999) and Pyar To Hona Hi Tha (1998).

After blockbuster Khushi Kabhi Gham Khabia, 2001, which won several awards for best actress, it was a break that lasted five years for early abortion she had, again with the exception of the high-profile guest appearances, only a few seconds in the 2003 film Kal Ho Naa Ho. During this period gave birth to her daughter Nysa. Kajol returned to the big screen in May 2006 with the film Fanaa, which won one of the largest collections of year and won another Filmfare award for best actress leaving out and adding new actresses with equal Filmfare best actress Madhuri Dixit to be winning the most awards in Bollywood.
also made a cameo appearance in Kabhi Alvida Na Kehna, the Rock'n Roll Soniye song in August 2006. With respect to the small screen, the beautiful actress from Bombay surprised everyone with a charity appearance in the contest Kaun Banega Crorepati, India's international version Want to Be a Millionaire, where he donated the prize money to an association of struggle cancer.

One of his last films was Fanna by Aamir Khan who also won the award for best actress. In 2008, Kajol screened the film Main Tum Aur Hum with her husband Ajay Devgan who is in his directorial debut with will probably continue as one of the leading actresses of Bollywood movies.
And with the advent a family member Devgan, Kajol feels happy immensity hopefully his films with great enthusiasm.


Kajol PICTURES WHEN I WAS LITTLE

Kajol baby and her mother


Kajol and mother
Kajol and her family
Kajol and her family
young
Kajol

Kajol
Kajol and her sister
Kajol and her sister
Kajol
Kajol and her husband