Post by rabia994 on Mar 7, 2024 1:50:33 GMT -5
In recent years, Peru has faced the growth of a trend that affects both employees and employers: arbitrary dismissals. According to data from different institutions, a significant percentage of workers have experienced some form of arbitrary dismissal in Peru. This trend not only carries serious social and economic consequences, but also represents a critical challenge for HR professionals. This is not just a legal problem, but an issue that can deeply impact the organizational health and morale of employees. In this article, we will explore in detail what constitutes an arbitrary dismissal in Peru, how it affects companies and why it is crucial for HR professionals to know in detail about this topic. All in order to face this challenge and promote a fairer and more sustainable work environment. What are arbitrary dismissals in Peru? An arbitrary dismissal, according to Peruvian labor law, is a termination of an employment contract carried out by the employer without just cause or without compliance with the procedures and requirements established by law.
In other words, it is not supported by valid or legal reasons. Arbitrary dismissals can take various forms, specifically the Labor Productivity and Competitiveness Law has indicated the following reasons as unjustified for the dismissal of workers: Membership in a union or participation in union activities. Be a candidate for workers' representative or act or have acted in that ca America Cell Phone Number List pacity. File a complaint or participate in a process against the employer before the competent authorities, unless it constitutes serious misconduct. Discrimination based on sex, race, religion, opinion or language. Pregnancy, if the dismissal occurs at any time during the gestation period or within (ninety) days after childbirth. It is presumed that the dismissal is due to pregnancy, if the employer does not prove in this case the existence of just cause for dismissal. Likewise, the law establishes that during a dismissal the employer must give the employee the opportunity to defend himself in writing.
This process must last at least six calendar days for normal cases or thirty days to demonstrate capacity or correct deficiencies. During this process, the employer may exempt the worker from attending work, as long as it does not affect his or her right to defense and the corresponding remuneration and benefits are paid. What repercussions can an arbitrary dismissal have? Arbitrary dismissals can have a profoundly negative impact on an organization in various aspects ranging from economic to organizational. According to data from the Ministry of Labor and Employment Promotion of Peru, in alone, more than , complaints of arbitrary dismissals were registered in the country, which resulted in economic sanctions for employing companies. Additionally, it is estimated that the total cost of replacing an employee can be up to double their annual salary, when recruiting, training costs, and loss of productivity during the transition are considered. On the other hand, the internal repercussions that an organization may experience after an arbitrary dismissal may be the following: Loss of Talent: When employees are fired without valid justification, the company can lose valuable and experienced talent. Unplanned staff turnover can be costly and take carried out.
In other words, it is not supported by valid or legal reasons. Arbitrary dismissals can take various forms, specifically the Labor Productivity and Competitiveness Law has indicated the following reasons as unjustified for the dismissal of workers: Membership in a union or participation in union activities. Be a candidate for workers' representative or act or have acted in that ca America Cell Phone Number List pacity. File a complaint or participate in a process against the employer before the competent authorities, unless it constitutes serious misconduct. Discrimination based on sex, race, religion, opinion or language. Pregnancy, if the dismissal occurs at any time during the gestation period or within (ninety) days after childbirth. It is presumed that the dismissal is due to pregnancy, if the employer does not prove in this case the existence of just cause for dismissal. Likewise, the law establishes that during a dismissal the employer must give the employee the opportunity to defend himself in writing.
This process must last at least six calendar days for normal cases or thirty days to demonstrate capacity or correct deficiencies. During this process, the employer may exempt the worker from attending work, as long as it does not affect his or her right to defense and the corresponding remuneration and benefits are paid. What repercussions can an arbitrary dismissal have? Arbitrary dismissals can have a profoundly negative impact on an organization in various aspects ranging from economic to organizational. According to data from the Ministry of Labor and Employment Promotion of Peru, in alone, more than , complaints of arbitrary dismissals were registered in the country, which resulted in economic sanctions for employing companies. Additionally, it is estimated that the total cost of replacing an employee can be up to double their annual salary, when recruiting, training costs, and loss of productivity during the transition are considered. On the other hand, the internal repercussions that an organization may experience after an arbitrary dismissal may be the following: Loss of Talent: When employees are fired without valid justification, the company can lose valuable and experienced talent. Unplanned staff turnover can be costly and take carried out.