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

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)

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.

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.