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Employment: In what cases is dismissal pointless?

Metropolitan Lima had an unemployment rate of 7.8% at the end of 2022, according to INEI, still above pre-pandemic levels. | Font: Andean

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Dismissal is considered to be the termination of employment relations unilaterally, but in what cases employee Could you take the action of the company?

The National Labor Inspection Authority (Sunafil) indicates that there is a type of dismissal that involves an action that violates fundamental rights, called “zero dismissal”.

As they specify, this can be considered zero layoffnot permitted by law, in five cases:

1. When an employee joins a trade union or participates in trade union activities.

2. When he is a candidate or represents workers or acted in such a state.

3. When you file a complaint or are involved in a lawsuit against an employer.

4. If there is discrimination based on gender, race, religion, beliefs, language, disability or otherwise.

5. In the event of an employee’s pregnancy or dismissal due to the birth of a child, going on maternity leave or lactation.

you can judge

If you have been under contract in private labor regime and you are in one of these situations, you can sue the employing company in front of Sunafil.

In metropolitan Lima, workers can contact any of these addresses:

– City Hall, located in block 8 on Arenales Avenue.
– Labor Inspection Platform (PIT) Lima Sur at Jr. José María Vílchez 518 in San Juan de Miraflores.

– Labor Inspection Platform (PIT) Lima Norte, located on the basement floor of the Plaza Norte Shopping Centre.

When regionsYou can apply to the district state administration of your city.

Another option is to process the claim virtually by going to www.gob.pe/sunafil. On this page, you must enter the “Procedures and Services” section, where you will find the link “Report violation of the labor rights of a private company”: https://www.gob.pe/9972-denunciar-incumplimientos-laborales-de-una-empresa-privada

Source: RPP

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