Congreso busca prohibir los despidos hasta 30 días después de la cuarentena: ¿por qué no podría aplicarse?


El congresista del Frepap, Daniel Oseda, presentó un proyecto de ley que busca prohibir los despidos hasta 30 días después de que se haya culminado el estado de emergencia nacional para contener el avance del Covid-19 (30 de junio); es decir hasta el 30 de julio.

El proyecto del Congreso, en concreto, plantea que “carezca de efecto legal toda terminación unilateral de contratos laborales”. Asimismo, esto alcanzaría también a los “contratos de duración determinada que hayan vencido o vencerán durante la declaratoria de emergencia y no hayan sido renovados”.

La medida aplicaría tanto a trabajadores públicos y privados, e incluye también a los que están sujetos a modalidades de trabajo de duración determinados (como el CAS y la locación de servicios).

¿Por qué sería inconstitucional y no podría aplicarse?

La disposición de que los contratos vencidos o aquellos que venzan durante la cuarentena queden sin efecto sería inaplicable, según Cristina Oviedo, laboralista de Payet, Rey, Cauvi, Pérez Abogados.

Según explica, la ley que se pretende aprobar no podría ser aplicada a las relaciones laborales que concluyeron o que no existen al momento de su entrada en vigencia.

«El artículo 103 de la Constitución establece que “la ley, desde su entrada en vigencia, se aplica a las consecuencias de las relaciones y situaciones jurídicas existentes y no tiene fuerza ni efectos retroactivos […] Asimismo, se afectaría gravemente la seguridad jurídica, que es un presupuesto básico de cualquier Estado de Derecho”, recalcó.Los trabajadores del futuro en el Perú serán así.Los trabajadores del futuro en el Perú serán así.

El proyecto no propone una protección amparada en la Constitución”, añadió Michael Vidal, socio laboral de Hernández & Cía.

Como se conoce, de ser declarado inconstitucional, la medida —de ser aprobada por insistencia por el Congreso— sería derogada.

Los riesgos

Este proyecto obligaría a los empleadores a mantener su planilla actual y golpearía las finanzas sobre todo de las empresas que todavía no pueden volver a operar en el marco del estado de emergencia. Para Vidal, lo establecido en el proyecto, en un contexto de incertidumbre sobre la reactivación de actividades, «genera inconvenientes económicos graves al considerar dentro de supuesto a cualquier modalidad de contratación, incluso a los locadores de servicios”.

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