La dignidad humana en las relaciones laborales. A propósito del derecho a la ocupación efectiva en el ordenamiento peruano

Abstract

This article analyzes the right to effective employment in the Peruvian labor law and highlights its intrinsic connection with human dignity. Although it is not explicitly considered in general labor regulations, it is argued that it is part of the content of the right to work, it not only enables the fulfillment of obligations assumed by the worker but also allows them to self-fulfill and contribute to the general welfare. Various pronouncements from administrative and judicial tribunals that grant protection to this right are also reviewed, based on the provision that considers any action that affects the dignity of worker as an equivalent to a hostile act like arbitrary dismissal. In conclusion, the right to effective employment is grounded in dignity and, at the same time, serves as a tool to achieve a dignified existence.