Consecuencias jurídicas y económicas que se derivan de la aplicación del régimen especial cas al personal de la municipalidad provincial de Trujillo
Palomino Fernández, Nadia Doménica
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The analysis and study of this research, is intended to define, the difference and set the problem of the application of the special procurement regime called Regime Public Procurement Service - CAS, on its first year of entry into force, as opposed to the old form of civil hiring location of services within the workplace in the public sector, further limiting our field of research staff of the Provincial Municipality of Trujillo, and the transition period suffered by the personnel hired as a location service, called " non-personal services ", SNP. It must be understood that the right of workers to job security and the impossibility of being excluded from the administrative career without just cause provided by law and justified in an administrative process, is generated from the legally and economically, because " job security " has deeper implications than regular adequate protection against arbitrary dismissal, among other labor rights are not being recognized in legislative decrees regulating the CAS regime, despite being enshrined in the Constitution and international conventions and treaties that protect their adequate protection . This investigation raises several questions, such as; What economic effects had to face the MPT to relocate their staff payroll SNP, to CAS regime? They are these considerably high due to the proliferation of employees hired under this modality, mainly engaged politicians (after each mayor election)? and What costs has generated public administration the entry into force of Legislative Decree No. 1057 and its regulations approved by Supreme Decree N º 075-2008 -PCM? To do this work is presented, in order to have a real and concrete idea of the costs generated for public administration in our research universe (with sampling to the forms of workers MPT) migration SNP to CAS. The problem of workers hired as SNPs (Non-Personal Services), CAS (Administrative Services Contracts) or also known in public entities as RECAS or "no privileges" has been throughout the years since its entry into force, result of plenty investigations and legal production abundant, which has sought to point out the serious inequalities between one regime and another, as having been appropriate to the Special regime governing administrative service contracts, many of them have been with impunity dismissed without being subject to right of any subsequent claim, seriously violating their right to work, even more, creating a deep job instability more than 50 % of employees of the entity, those whose employment relationship, the puny Administrative Services Agreement - CAS. Then, new questions arise, Is it true that not entitled to labor rights?, Are this workers have no benefits?, The Principle of Primacy of Reality is it not mandatory, for this, is ratified in International Labor Conventions?; the D.S. N° 003-97 -TR, which regulates the rights of workers in the private sector (modality under which also contracts the state), states in its first article, the fundamentals that disrupt these claims, among other things, notes that any benefit of paid and subordinated services, it is presumed the existence of an employment contract for an indefinite term, which correspond to the worker all the benefits of law as entitled to one month of paid vacation per year, payment of the CTS (one salary per year), two salaries for bonuses a year (July and December), among others. In labor law applies to very right, the principle of primacy of reality, which, as its name implies, gives certainty to what actually exists despite the existence of attempts to simulation as leases and services receipts by honoraria drawn by the workers themselves, for it all possible evidence that can demonstrate the three main elements of the employment contract are measured: 1) Personal Services, 2) Compensation and 3) Subordination. Given the above, to see the coexistence of workers up to three different systems in one place (D. Leg. N° 276, D. Leg. N° 728 and CAS), performing the same tasks and subject to the same requirements, working hours, only without the same benefits, the need arises to conduct an investigation to identify the attributes of each system, and the differences from one to another, for specifying that rights are attributable to each of them.