The lack of regulation of internal strike-breaking as a factor permitting the abusive exercise of Ius Variandi

Luis C.C.J.; Reimy Z.C.; Giany Z.C.; Catherine D.A.C. · Clio. Revista de Historia, Ciencias Humanas y Pensamiento Critico. (2025) · DOI: 10.5281/zenodo.17205400

Resumen

In the Peruvian legal system, the acts of internal substitution subsumed under “internal scabbing” are not regulated as a prohibitive conduct by law, let alone a specific sanction for the commission of this type of conduct. For these reasons, the objective was established to analyze how the lack of regulation of internal scabbing allows the abusive exercise of the employer's ius variandi. With respect to the methodology used, a qualitative, descriptive-phenomenological approach was applied; the data collection instrument used was the “Interview Guide”, with the result that the absence of regulation of internal scabbing allows employers to use the ius variandi in an abusive manner, by reassigning functions and tasks of workers on strike with those who did not participate in the strike, significantly affecting the effectiveness of this measure of pressure.

Instituciones: Universidad Tecnológica del Perú