SOCIAL BENEFITS FEE DOES NOT CONSENT OF DISMISSAL AND IS NOT THE UNDER grounds for inadmissibility
The Constitutional Tribunal (TC) issued a landmark decision declaring the petition for relief founded on File No. 03052-2009-PA/TC, setting a binding precedent that payment of compensation for length of service shall not be deemed as consent by the dismissal and the causes of inadmissibility of the process for defense. Has also been established that the payment of social benefits should be made independently and differential the payment of compensation for unfair dismissal or other items that have the same purpose, for this purpose the employer shall make such payments in separate accounts or through certificates of deposit in separate lawsuits.
The effects of these rules apply to the processes of the date of publication of this statement on the website are pending in both the Judiciary and the Constitutional Court and those who get in later. Also, there is this sentence report to the Ministry of Labour and Employment, in order to disseminate the decision and inform workers about the requirements to contest a dismissal harmful fundamental rights.
In accordance with Article VII of the Preliminary Title of the Code of the Constitution, and bearing in mind that different courts have been applying operators the jurisprudence set by the Collegiate previous case regarding the declaration of invalidity of the shelter when the employee was paid his compensation for length of service, this school from the date change of approach, which is compliance - mandatory - in order to generate predictability in legal operators.
Lima, August 23, 2010
OFFICE OF INSTITUTIONAL IMAGE
CONSTITUTIONAL COURT
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