Compensation pour licenciement injustifié - montant librement déterminé par la cour:
Compensation for unfair dismissal - Are there legal limits?:
Compensation pour licenciement injustifié - limites légales (plafond en mois ou methode de calcul définie):
Article 13 of Labour Code provides that when the worker is dismissed by the employer for unfair reasons, the employer shall be obliged, regardless of the eviction, to compensate the worker for the time of service, with the sum equivalent to one month's salary or salary for each year of continuous work; and if the services do not reach one year, proportionally to the months worked; it will be computed from the date in which they were hired, verbally or in writing, including the months that are considered proof. Only the period corresponding to the initial period of the first three months is deemed to be a trial period, but not to subsequent periods resulting from renewal or extension. If the worker had more than 8 years of service, the compensation to be paid will be in qual amount of the one to be paid in case of voluntary dismissal.
Possibilité de réintégration dans l'emploi:
Articles 10 and 11 of Supreme Decree No. 28699 provides for the possibility for employees to choose between reinstatement or compensation in case of unfair dismissal.
If the employee opts for reinstatement, he/she can request the Labour Authority to issue a reinstatement order, provided that the dismissal is proved to be unjustified.
Conciliation préalable obligatoire:
Only for collective labour disputes
Courts ou tribunaux compétents:
tribunal du travail
Article 6 of Labour Code Procedure provides that the special jurisdiction of labour and social security is exercised permanently:
a) By the Labour and Social Security Courts, as first instance courts;
b) By the National Labour and Social Security Court, as the Court of Appeal; and
c) By the Supreme Court of Justice in its Social and Administrative Chamber, as Court of Cassation.
Règlement des litiges individuels par arbitrage:
Only in the case of collective labour dispute
Charge de la preuve:
Article 3 (h) Code of Labour Procedure.