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This research work is focused on the analysis of a reality in our society in which the worker is involved in an issue of violation of his pension rights by his employer, seeking in this way to solve with this contribution the problem that burdens thousands of workers, many of them being of advanced age, and also to make known the constitutional rights that protect them against this violation and guarantee their pension figure, as well as to ensure the funds and pension reserves, Also to point out the great legal vacuum that exists since there is no adequate typification in the Peruvian Penal Code, these crimes would only be applied specifically and not generically, seeking in this way to dissuade with effective imprisonment the employer who retains the contributions of the workers that should be destined to their funds for the calculation of their retirement, since these pension contributions are intangible and protected with constitutional principles that are based on the right to social security of the worker.
About the author
Angelo Berrospi Gonzales, Rechtsanwalt, Master in Strafrecht und Strafverfahren. Derzeit arbeitet er für die peruanische Justiz als Assistent eines Oberrichters, der der vierten Zivilkammer des Obersten Gerichtshofs von Lima zugeteilt ist.
