El retiro de confianza en el ordenamiento laboral peruano. Necesidad de un reexamen en clave protectora

Abstract

The article analyzes the treatment that the withdrawal of trust gets in the Peruvian legal system. It is suggested that it must be re-examined under the influence of the protective principle. This will prevent workers with a relationship of exclusive trust from being left out of the protection against dismissal granted by the Constitution to all workers, without exception. The practical utility of the protective principle to fulfill this purpose is evident. By having been nourished by the theory of the effectiveness of fundamental rights in the field of the company and including within its content the requirement of causality as a limit to the business termination decision, the principle becomes the most important mechanism for the integration of the law in the absence of rules that regulates the withdrawal of trust.