Reference no: EM131229757
Peter is hired by the company Cosmetics retreading S.A. to providing services as warehouseman. Due to the pro-activity of the worker, the manager promotes to Head of Distribution of Goods, taking charge of the administrative management of 40 people.
One day the manager asks for help from Peter, so that one of the dispatchers Distribution area workers go to the house manager carrying a personal request. To do this, Pedro Ignacio entrusts the task to his best driver distribution. Ignacio, arriving at the home manager is required by the wife of one to perform that meets several "personal orders" for her situation that Ignacio access.
Over the day, Ignacio is required again to return to the house of the manager to continue providing courier services and transportation (such as "driver") and Ignacio returns to meet those orders. After one week of stay the same situation the following is detected:
a) Ignacio does not meet the manager promptly go home.
b) Ignacio has stolen food from the refrigerator of the house manager.
Meanwhile, Peter has seen the need for the company "Give me a hand SRL" to send you a replacement which will execute the functions as Driver Distribution Ignacio. The company "Give me a hand" Luis sends to serving in the position mentioned. The company in question has the authorization that issued the Ministry of Labour to act as labor intermediation business, which became effective from 1 January 2015 and for the term of one year.
In its first shipment of goods, Luis, struck by the truck company distribution and retreading vehicle and all merchandise is lost.
The manager noticing what happened rebukes Peter, called attention, and take the following steps:
a) Dismiss formally Ignacio for acts committed during the services provided at home. Imputes faults: breach of labor obligations, repeated tardiness and appropriation of property of the employer.
b) It removes the trust Peter for the acts committed by Luis, and immediately dismisses (verbal).
c) In calculating benefits Pedro is discounted cost of goods and the truck.
d) It is appropriate to withdraw the company Luis arranging his immediate return to the company Give me a hand.
Questions:
1. Analyze the scope of the hiring company Give me a hand in attention to the rules of labor intermediation.
2. Analyze the scope of services at home Ignacio Manager from the point of view of labor rights of workers and the fulfillment of their duties.
3. Analyze the dismissal of Taxation Ignacio (particularly for serious offenses which they have been charged) and qualify dismissal.
4. Analyze the scope of dismissal implemented to Peter validity and worker rights at its cessation.
5. What aspects Luis could claim the decision to forward it to the company Give me a hand.
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