day.
The right of defense is expressly recognized in the Constitution and constitutes an element of due process rights. This right is projected as a principle to reverse any helplessness and adversarial principle of procedural measures that may affect the status of some of the parties, whether in a process or procedure, or if a third party with interest.
This was established by the Constitutional Court (TC), through relapse Case No. Exp-AA 00832-2009, which states upheld the claim for protection of a worker seeking her replacement workplace to be the victim of a fraudulent dismissal violated also their right to due process refers to a legal report of the Study Miranda & Amado Abogados.
In the present case, held the letters of notice and severance by which the worker is charged with breach of various obligations. However, after the company notified the worker notarized letter of notice prevented him from entering the workplace, which for the TC found infringement of the right to due process established in law.
remarks, moreover, that although the applicant informed the company on medical leave for temporary disability for eight days Essalud authorized, such as was refused, and accused in the letter of notice the abandonment of the workplace. This will affect the right to health of workers, compliance with which is concretized in the duty of employers to allow rest for health reasons, especially when the subject had been tested by the health authority. For the reasons stated, the court resolves to declare based on demand.
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