A propósito de las sentencias del Tribunal Constitucional que limitan los procesos de amparo en materia laboral, consideramos que el TC en sus fallos debiera de precisar que conforme a la Ley 26636 - Ley Procesal de Trabajo, the labor courts have jurisdiction to challenge the dismissal process, that is, claims for annulment of the dismissal and unfair dismissal, under Arts. 24, 25 and 29 of the TUO of D. Leg 728 (DS 003-97-TR).
The paragraph 3 of Article 139 of the Constitution referring to due process and judicial protection, provides that no person may be diverted from the jurisdiction predetermined by law, or subjected to proceedings other than those previously established by law to in this case is the procedural law of work, so the work is competent court in proceedings to challenge the dismissal of workers. In effect, the TC should take into account paragraph 2 of Article 5 of Constitutional Procedure Code provides that no constitutional processes come when "there are specific procedural way, equally satisfactory, for the protection of threatened or violated a constitutional right, except in the case of habeas corpus."
recall then, that are in effect the Arts. 2 and following of the Law 26636 - Law Working Procedure - which defines what the jurisdiction of labor courts for territorial reasons, material, function and value. Among other things, responsible for hearing to a judge's dismissal of the appeal process (zero and arbitrary), acts of hostility, nonpayment of wages and benefits, performance judgments, compensation for damages for commission of serious misconduct. Labor
Chambers also have defined its powers, for example, need to know on appeal in labor class actions, challenges to arbitration awards arising from collective bargaining, administrative action under labor and social security, conflicts between labor courts and administrative authorities for rejecting complaint appeal, among others.
process without station under probation subject to a civil court unskilled, has generated an avalanche of work processes, with rulings that have come to be questioned in recent years. Therefore, the judgments issued by the TC, you should specify very clearly - as mandated by law - that the labor court is competent to labor matters, in a regular process where workers and employers offer and act evidence on the labor dispute. Only then will meet with one of the principles in the administration of justice, which guarantees due process to all litigants.
Under the Constitution and the law does not state the rights TC, your job is to interpret the Constitution and the law and restore constitutional rights violated. If the court maintains its view that Article 34 of D. Leg. 728, that provides for payment of compensation por despido arbitrario, no constituye adecuada protección de los trabajadores debería de solicitar su modificación o derogatoria al Congreso y en tanto ello no ocurra, el Poder Judicial y el propio Tribunal están en la obligación de cumplir y aplicar la ley.
The paragraph 3 of Article 139 of the Constitution referring to due process and judicial protection, provides that no person may be diverted from the jurisdiction predetermined by law, or subjected to proceedings other than those previously established by law to in this case is the procedural law of work, so the work is competent court in proceedings to challenge the dismissal of workers. In effect, the TC should take into account paragraph 2 of Article 5 of Constitutional Procedure Code provides that no constitutional processes come when "there are specific procedural way, equally satisfactory, for the protection of threatened or violated a constitutional right, except in the case of habeas corpus."
recall then, that are in effect the Arts. 2 and following of the Law 26636 - Law Working Procedure - which defines what the jurisdiction of labor courts for territorial reasons, material, function and value. Among other things, responsible for hearing to a judge's dismissal of the appeal process (zero and arbitrary), acts of hostility, nonpayment of wages and benefits, performance judgments, compensation for damages for commission of serious misconduct. Labor
Chambers also have defined its powers, for example, need to know on appeal in labor class actions, challenges to arbitration awards arising from collective bargaining, administrative action under labor and social security, conflicts between labor courts and administrative authorities for rejecting complaint appeal, among others.
process without station under probation subject to a civil court unskilled, has generated an avalanche of work processes, with rulings that have come to be questioned in recent years. Therefore, the judgments issued by the TC, you should specify very clearly - as mandated by law - that the labor court is competent to labor matters, in a regular process where workers and employers offer and act evidence on the labor dispute. Only then will meet with one of the principles in the administration of justice, which guarantees due process to all litigants.
Under the Constitution and the law does not state the rights TC, your job is to interpret the Constitution and the law and restore constitutional rights violated. If the court maintains its view that Article 34 of D. Leg. 728, that provides for payment of compensation por despido arbitrario, no constituye adecuada protección de los trabajadores debería de solicitar su modificación o derogatoria al Congreso y en tanto ello no ocurra, el Poder Judicial y el propio Tribunal están en la obligación de cumplir y aplicar la ley.
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