Jorge Luis Espino Colchado,Nilton Isaias Cueva Quezada, Felipa Elvira Muñoz Ccuro, Violeta María De Piérola García, Gerardo Francisco Ludeña González
In the face of an unjustified dismissal, it is necessary to regularize and establish parameters that quantify the unproven damage caused. The methodology applied was the structured review of phenomenographic analysis of scientific articles selected from different impact databases, between 2016 and 2023, of which 50 documents were considered with the support of the prism method in the search with the Spanish. It was obtained as results that the Labor Competitiveness (LPCL), contained in the D.S 003-97-TR, fulfills its purpose by establishing a taxed compensation in favor of workers who have had an unjustified or arbitrary dismissal, however, when it is an unjustified dismissal, the compensation for damages derived from the labor contractual liability is governed by the rules of the civil code, at the time of making a quantification, when the damage has been proven or not. It is concluded that the current law and judicial pronouncements do not consider in a unified manner how the pecuniary and non-pecuniary damage suffered by the worker and as a collateral fact his family should be compensated. Therefore, it is recommended to review the law, the current judicial pronouncements and the plenary sessions in order to unify the way in which the quantification of lost profits and moral damages is established.
Pág 2303-2311, 05 Oct