The theory of human resources has been outdated, by the theory of the person and the development of talents.
1. INTRODUCTION
There are two options on this topic, such as: human resources and talent development, which is why we will develop them to have personnel management approaches in a current context in which we must make decisions, that is, these issues are important in everyone according to the sources of the law of each state, for which in the present we will study the same according to them, stating that the options are to take the person into account as talent development or as human resources, therefore it is clear that these are extreme options and in any case there may be intermediates or mixed positions,In this sense, we hope to promote criticism and analysis of reality and it is necessary to put on record that we are of the opinion that in every workplace of more than fifty workers there must be a psychologist who guides managers and workers, because it has been noted that many opportunities, some of the former resist being trained thinking that training is only for employees and workers but for those mentioned, which we hope will soon be overcome, in a state in which there is little development of state institutions and companies, for which it is clear that within these issues much remains to be done.Because it has been noted that many opportunities, some of the former resist training, thinking that training is only for employees and workers, but for those mentioned, which we hope will soon be overcome, in a state in which there is little development of State institutions and companies, so it is clear that within these issues much remains to be done.Because it has been noted that many opportunities, some of the former resist training, thinking that training is only for employees and workers, but for those mentioned, which we hope will soon be overcome, in a state in which there is little development of State institutions and companies, so it is clear that within these issues much remains to be done.
In the present work we develop the theory of human resources and later the theory of the development of talents, for which it is clear that it can validly serve to study these topics in an environment in which there are few research works and publications on these topics. That is to say, it is important for social reality to study these issues and especially for workplaces, because thanks to those you can end abuses and in any case know what the options are in companies or know virtues and defects of every business organization.
In other words, these approaches or theories apply to every workplace, regardless of the sector, activity, sex, economic condition, religion, or other variants, in this sense we hope to motivate the debate in order to achieve adequate goals within a framework of scarce resources, since without these tools it is clear that we can be misled by people or sources of information that only refer to a single theory of those mentioned, consequently in personnel administration it is common to speak of human resources, even some university educational institutions They have a highly specialized department of human resources, so it is clear that they do not have sufficient training because these concepts are retrograde and only lead to failure, that is, we must give way to new approaches to doctrine,which is almost always more developed or advanced than legislation or positive law.
2. THEORY OF HUMAN RESOURCES
When studying human resources, it is thought that the employer can treat workers in the way they want, taking advantage of their status as boss. Which threatens the company and the other economic agents. This orientation is very old, with which it was thought that the worker was a resource and it was necessary to take advantage of it as well as exploit it as much as possible, because he was not a person but was a resource as well as financial resources and consequently it is clear that it could be substituted, all of which has been totally out of place or out of context or out of date. Under this way of thinking one forgets that the worker is a person to turn him into one more resource that would certainly have the character of a substitute.From this perspective, the worker is easily replaceable or fired, consequently, it is clear that he becomes a management tool, so it is valid to mistreat, dismiss, spoil, shout, stain, disrespect him, threaten him, among other acts of mistreatment. towards the worker. That is to say, it is forgotten that the worker is a human being who has a family to support and that in the event of being fired it is clear that a whole problem will be generated for him and his family because there will be a person who has one more problem to solve in his life which is full of challenges or problems to overcome. There are even many workers who, faced with the fear of being fired, avoid having a family to avoid later problems,Because it is more difficult for the unemployed when they have a family to support, so it is clear that this theory must be discarded or replaced or replaced by the theory of talent development.
According to this theory, he takes advantage of his position as boss to mistreat workers with reductions or eliminations of salary, vacations, bonuses, compensation for time of service, work benefits, among others, that is, only a psychiatrist can study and understand understand managers who apply this theory which causes a lot of damage to work, especially since the Peruvian political constitution of 1993 establishes that we all have the right to it. For this reason, we hope that to avoid this way of thinking, a minimum of one psychologist will be hired in every workplace with more than fifty workers to attend to the managers who use this theory in their work, which is why the inspectors of the labor ministry do not fight, that is,We must seek to make this way of thinking disappear, and in any case I remember that in my studies of negotiation strategies at the Universidad del Pacífico, students were taught to think that directors had the right to be abusive towards managers, which only suggests that Within this topic there is still a lot to study and of course to spread.
3. THEORY OF TALENT DEVELOPMENT
The development of talents is a novelty in the doctrine by which it is necessary to study what are the capabilities of the worker as well as his talents in order to make or make the company and all economic agents more productive. This orientation in the doctrine has been used in the administration for a short time and is very important to achieve great goals for the company since it acts as a whole together with the employers and workers. According to this new trend, the worker as a person is studied, in this sense it is clear that it must be taken into account that the company must be useful to them, for which correct political measures must be used, for example it is not possible to reduce vacations to workers, nor stop paying their wages, vacations, overtime, compensation for time of service,Among other labor benefits for workers, that is, with this new trend, the worker is elevated to a category as he is not treated as a resource or as a substitutable but as something very important. News of this new trend began to be heard more than ten years ago in Peruvian law, for which reason its study and dissemination is very important to improve personnel administration. Currently we hear a lot about corporate social responsibility and corporate governance, so it is clear that these constitute the elements to take into account that the person should not be mistreated but should be produced ethically and as an orderly businessman,which is why it is clear that it cannot take advantage of the workers because this anti-worker attitude can be overwhelmed through legal proceedings against the company for patrimonial, extramarital and punitive damages, all of which threatens the company and also, of course, against Workers. And in any case, these future legal proceedings are not reflected in the financial statements.
4. WORKER AS A PERSON
The new orientation that sees the worker not as a resource but as a person sees him as a set of talents that it is important to develop them, so instead of making the first job unbearable, it should be something bearable, for which the staff must be trained of management so that it does not mistake its function or confuse it in such a way that it turns a cell into work, since for this reason there are specialized centers to attend to the pathologies of managers such as the disorders of character and personality. According to this new way of thinking, something different must be seen in each worker, that is, a person to attend to who must be given everything possible to succeed, such as salary, vacations, compensation for time of services, labor benefits, extra hours,profits, among others, for which the manager will be attentive that the accountant complies with paying these concepts to the workers, since otherwise responsibility is incurred. However, the worker not only has these rights but also has the right to a good working environment, for which reason it is clear that Peruvian constitutional law is far behind in this matter of labor law, in this sense we await the corresponding modification of the Peruvian political constitution of 1993.Therefore, it is clear that Peruvian constitutional law is far behind in this matter of labor law, in this sense we await the corresponding modification of the 1993 Peruvian political constitution.Therefore, it is clear that Peruvian constitutional law is far behind in this matter of labor law, in this sense we await the corresponding modification of the 1993 Peruvian political constitution.
5. INCENTIVES TO MISTREAT WORKERS IN PERUVIAN LAW
In Peruvian law there is a deficient labor legislation, for which mistreatment of workers is allowed, in this sense we must record that it encourages mistreatment of workers in Peruvian law, all of which must be the subject of serious studies in order to cause more damage to the work environment within this country. We have not heard that the judiciary, the public prosecutor or the labor ministry have favorably ruled on workers' claims in Peruvian law, all of which suggests that in terms of labor rights, much remains to be done in Peruvian law, in which the labor legislation is deficient as well as the doctrine and jurisprudence and even the executory ones make think that the workers can be abused.
In Public Registers and in the Judiciary, it has been noted that there are many incentives to mistreat workers such as non-payment of wages, vacations, cts, among others, without prejudice to the increasingly worse working environment. Therefore, we await a timely and forceful pronouncement from the Minister of Labor, to put an end to these problems that cause so much damage to Peruvian law.
6. TRAPPING AGAINST WORKERS
In Peruvian law, it has become customary for all to abuse workers, but not only on small scales, but also at the constitutional seat, for example, the constitutional court has ruled that certain labor claims must be channeled through the contentious administrative channel, and not by way of amparo, which has been approved because the work of said court is unloaded, consequently we hope that this type of resolution will not be issued because it threatens the market in which it is warned that everyone is running over workers not only the employers, but also the constitutional court, for which there is no other way out than to file a complaint before the public prosecutor and the congress of the republic,in said cases to end said partializations of the supreme interpreter of the constitution. But it is clear that employers and the public ministry as well as the labor ministry also bias and trample rights against workers, which worries us.
7. TOWARDS A MORE SUCCESSFUL LABOR POLICY IN PERUVIAN LAW
In the Peruvian state there is a misguided labor policy which has caused the labor rights already won to be thrown overboard in this sense, we wait for the approval of a more successful policy referred to in the Peruvian state because with this, it is achieved that prepared people remain in the same and do not go to other countries to work in which if the labor rights recognized by international instruments are respected.
8. PERUVIAN PENSION LAW
In the Peruvian state, the regime of Decree Law 20530 must be reopened, because Decree Law 19990 is abusive against workers, for which reason we hope that there are university theses in which this problem is studied because with pensions of 800 nuevos soles you cannot live and in any case the worker is a person and not a resource. That is, there is an abuse and manifest intention of the government against the workers, for which they are considered as machines to which they should not dedicate but only demands, in this sense we await the reopening of Decree Law 20530 in which find all workers included.But there is another major problem, such as the existence of the afps, for which we expect the immediate repeal of the rules referring to them and that those referred to in the Peruvian state be eliminated because otherwise the person with 50 new pensions will be attacked. Suns.
9. THE MINISTRY OF LABOR DOES NOTHING IN THE PERUVIAN STATE TO PREVENT TREATMENT OF WORKERS AS HUMAN RESOURCES
The Ministry of Labor does nothing in the Peruvian state to avoid treating workers as human resources, for which reason it is necessary to modify the government's policy to compel it to take the appropriate measures guiding workers in the sense that they should not be mistreated or treated as human resources, and employers so that they do not treat workers as human resources, that is, in this problem we are all committed, for which we hope that these problems are solved with correct measures, for example, the officials of the aforementioned ministry could validly train both employers and workers in each workplace so that the latter are not considered as human resources since this causes discomfort to all or misunderstandings,because it would imply a setback in the development of law.
For example, everyone could be trained in the sense that labor rights are inalienable and that over time other rights must be enshrined, such as the right to a good working environment in the workplace, that is, from time to time new developments appear that correspond enshrine in positive Peruvian and foreign law to keep up with new trends in labor law, in which it is recently argued that the worker must be considered as a person and not as a resource or as human resources. In case the ministry does not do anything because the worker is not considered as a resource, it is clear that it would imply failing to fulfill its function, which would cause many discomforts to the workers, that is,This is its function, so it is clear that if it is not fully complied with, there is no other public institution that will meet these objectives.
10. THE FACT OF NOT CONSIDERING THE WORKER AS A HUMAN RESOURCE MUST BE CONTAINED IN THE POSITIVE LAW
The fact of not considering the worker as a human resource must be contained in positive law as well as it must be considered as a person but in the constitution so that you are easier to have legal protection in the Peruvian state, in which we are accustomed that rights are violated, that is, it is a very interesting topic for us, for which we await your prompt legislative consecration in the referred norm so that the constitutional court fulfills its role as supreme interpreter of the constitution, that is, This problem must have a legal solution, however, we must record that until this happens, we must investigate because all Peruvian doctrine, custom, jurisprudence and enforcement solve this problem with favorable pronouncements or adequate books,In this sense, we hope that these problems have timely solutions in Peruvian law, in which workers are treated as human resources and not as persons, which causes great harm to the Peruvian state.
11. VALUABLE HUMAN RESOURCES
Some writers consider the worker as a valuable human resource which is convenient for the company to develop and ensure its continuous improvement, that is, the position is divided in doctrine, for which reason, for some, workers should not be considered as resources and others specify or maintain that if workers can be considered as resources but with the characteristic of valuable, in this sense we can affirm that this topic is debated in the doctrine, for which reason we assume the position in the sense of not considering the worker as a resource but as a person, since when he is taken into account as a resource it is clear that there is a risk of underestimating him because he is a resource and not a person with strengths and weaknesses. There are however,Other treaty writers who consider the worker simply as a resource, without taking him into account as a person, that is, these positions or theories are irreconcilable, which is why it is clear that he deserves to carry out the corresponding investigations to disseminate and study these issues that both interest caused to personnel management.
Valuable human resources are distinguished from simple human resources in that the former consider the worker in a better way, while the latter consider the worker as another screw or nut within the company, which in case of failure must be replaced and in this order of ideas it is clear that neither of the two positions is adequate, therefore both should be discarded. But it is necessary to put on record that the position of taking the worker into account as a valuable human resource is clear that it sees the worker with better prospects for development towards said worker. Others consider that among the workers there are some who are valuable human resources as opposed to others who are not valuable, for example due to their permanence in the company, graduates of master's degrees and doctorates. magisters, doctors,national and foreign publications, language studies, specializations, diplomas, with works published with important circulation, among other topics that make them see themselves as valuable human resources, that is, with this position we do not agree, but must be seen at worker as a person and not as a resource. However, it is clear that it is less worse than the other, so these issues should be the subject of careful study by the writers so as not to fall into the mistakes that cause so much damage to the workers.rather, the worker must be seen as a person and not as a resource. However, it is clear that it is less worse than the other, so these issues should be the subject of careful study by the writers so as not to fall into the mistakes that cause so much damage to the workers.rather, the worker must be seen as a person and not as a resource. However, it is clear that it is less worse than the other, so these issues should be the subject of careful study by the writers so as not to fall into the mistakes that cause so much damage to the workers.
12. COLLABORATORS
Workers for some are considered collaborators, so it is clear that with this theory, although the worker is not seen as a person, it is also true that he sees himself more or less appropriately, so it should be studied as a trend. Today, in this sense, we hope that many studies will be devoted to it, but of course without neglecting the theory of considering the worker as a person. That is, according to the theory of considering the worker as a collaborator, it is necessary to put on record that he sees the worker as a partner with whom he must ally himself to have solid profits in the company.
13. THEORIES APPLICABLE ONLY TO THE COMPANY OR TO ALL INSTITUTIONS
Companies are the ones that must have profits, so it is clear that for some these are outside these theories, because they would be more typical of public institutions in which there is no danger of leaving the market or of economic losses. which facilitate to see the worker as a person and not as a human resource. These theories for some are applicable only to companies, for which we must record that they are applicable not only to them but to all institutions in general, in this sense we hope their dissemination in the Peruvian state in this sense to achieve that Work is seen as a means of achieving aspirations and not a punishment which takes too much effort to carry out. In other words, all institutions in general, whether large or small, public or private,societies or eirl, cooperatives or associations, must take into account the worker not as just another resource but quite the opposite, that is, they must see him as a person who must be treated as what he is and not as a simple resource. However, it has been noted that many institutions mistreat workers, which causes concern to all, except employers, which is why it is clear that their way of thinking must be changed, with constant training aimed at valuing the worker, so that he is not seen as a resource but as a person.It has been noted that many institutions mistreat workers, which causes concern to all, except employers, so it is clear that their way of thinking must be changed, with constant training aimed at valuing the worker, so that they do not be seen as a resource but as a person.It has been noted that many institutions mistreat workers, which causes concern to all, except employers, so it is clear that their way of thinking must be changed, with constant training aimed at valuing the worker, so that they do not be seen as a resource but as a person.
14. THE HEADS ALLEGEDLY RIGHT
In practice, the bosses take the necessary measures to enforce their criteria, so it is clear that they do everything possible to take the worker into account as a human resource and not as a person, that is, they normally abuse the worker with salary cuts, elimination of vacations, non-payment of remuneration and other economic labor benefits, raising their voices, dismissing them, threats of dismissal, among others. Therefore, in the Peruvian state, it is necessary to properly select the bosses so that they do not abuse their charges against the workers. However, this does not seem an easy task since bosses almost always have positions of favor and this does not require any type of training,It has even been noticed that many bosses do not have a master's degree in important universities and in other cases not even a university profession. Which makes us think that we should end this problem for the benefit of the work environment. The bosses who treat the workers as people are the exception, for which it seems that it is due to lack of training and suitability for the job, because not only do they mistreat the workers but they also cling to the position, because with poor preparation it is clear they cannot get another job anywhere. However, it has been noted that the labor ministry does not comment on this problem, which causes permanent concern, or is that the labor ministers are not up to the job.Which makes us think that we should end this problem for the benefit of the work environment. The bosses who treat the workers as people are the exception, for which it seems that it is due to lack of training and suitability for the job, because not only do they mistreat the workers but they also cling to the position, because with poor preparation it is clear they cannot get another job anywhere. However, it has been noted that the labor ministry does not comment on this problem, which causes permanent concern, or is that the labor ministers are not up to the job.Which makes us think that we should end this problem for the benefit of the work environment. The bosses who treat the workers as people are the exception, for which it seems that it is due to lack of training and suitability for the job, because not only do they mistreat the workers but they also cling to the position, because with poor preparation it is clear they cannot get another job anywhere. However, it has been noted that the labor ministry does not comment on this problem, which causes permanent concern, or is that the labor ministers are not up to the job.because they not only mistreat the workers but also cling to the position, because with poor preparation it is clear that they cannot get another job anywhere. However, it has been noted that the labor ministry does not comment on this problem, which causes permanent concern, or is that the labor ministers are not up to the job.because they not only mistreat the workers but also cling to the position, because with poor preparation it is clear that they cannot get another job anywhere. However, it has been noted that the labor ministry does not comment on this problem, which causes permanent concern, or is that the labor ministers are not up to the job.
15. THE MINISTER OF LABOR DOES NOT PRONOUNCE
The Minister of Labor is the representative of the Ministry of Labor, which is why it is clear that he must rule on this problem existing in the Peruvian state, since it makes the mistake of treating the worker as a resource and not as a person. However, it has been warned that it does not seem due to lack of knowledge of new trends in labor law or perhaps it is because they are not up to the job. In other words, it is very comfortable for the minister of this sector to turn a blind eye to this enormous problem, thus leaving the way for unions and workers to do what they can to assert workers' rights. The labor minister must take a stand against these problems because otherwise he loses credibility on the part of the economic agents.It has even been noted that when workers are supported, it is taken as a gesture of weakness, and consequently much remains to be done in Peruvian law.
16. CONCLUSIONS
After having developed the subject in question we formulate conclusions in the following terms:
1) The theory of human resources has been outdated, by the theory of the person and the development of talents.
2) The theory that should be applied at the moment is the theory that considers the worker as a person. In other words, according to this theory, the worker is the supreme function of society and therefore must be cared for. Because otherwise they lose their self-esteem which we must take care of in a very broad way because they belong to a family and it is the cornerstone of society.
3) In Peruvian law, almost all workplaces only mistreat personnel by managers and business owners, which worries us.
4) The Peruvian political constitution has a misguided regulation on the rights of the worker.
5) In Peruvian law, mistreatment of workers is encouraged, especially in the workplace (workers in the public ministry are also mistreated because prosecutors refuse to file a complaint on the grounds that the problem cannot be taken to said constitutionally autonomous institution, and they are mistreated in the Ministry of Labor because the holder of the aforementioned specifications does not make the corresponding pronouncements in favor of the workers), but not only when they work but also after the worker's duties have ended, Because the impossible is done for not paying the economic benefits that exist as a result of the employment relationship.
6) Peruvian poverty has been caused by the rulers on duty who do not have or have not had adequate preparation to govern. In other words, the Peruvian political class must be replaced by the trained professional class, which has led the Peruvian state to achieve so many achievements.
7) The working climate in Peruvian law is poor, which is why many workers lose time looking for a new job, being the existence of bargaining in the workplace a problem because, obviously, employers will abuse against workers. using the same, and in any case this should be a matter of study for pre-contractual civil liability, and pre-contractual criminal liability. That is, employers must not take advantage of their dominant position against workers. Because in doing so the country falls into underdevelopment and values are lost, which are also the source of law.
8) The person in charge of ensuring a favorable environment in all workplaces is the president of the republic because for many purposes he is the representative of the nation, for which we must record that his participation in favor of the workers, but quite the opposite, because in the Peruvian state, for example, judges and prosecutors are abused with ratifications every seven years, which serves to intimidate them to issue all their resolutions in favor of the government in office. And even the diffuse control by the Peruvian judiciary is discouraged, since in such cases it has been established that the file must be elevated to the supreme court, for which we await the corresponding legislative amendment. That is to say,These norms cannot be understood and should not be applied because they violate the 1993 Peruvian political constitution.
9) Modal labor contracting causes a lot of trouble for workers in Peruvian law, so it should be a matter of study by parliament and the constitutional court in the corresponding amparo action processes in the latter case.
17. SUGGESTIONS
Having developed the topic in question and having formulated conclusions, we formulate suggestions in the following terms:
1) The use of human resources theory should be discouraged.
2) The use of talent development theory and seeing the worker as a person should be encouraged.
3) In the workplace, workers should not be mistreated.
4) With the positive law and other parts or elements of the law, it must be taken into account that the worker is the supreme end of society and his rights cannot be limited with ill-advised political measures that cause so much damage to the Peruvian state.
5) In the workplaces, the rights of the workers should not be cut, since in said assumptions the person is attacked, which is the supreme goal of society.
6) More jobs must be created so that work is not only held by an elite, but quite the opposite, so that the rule is that everyone has a job and not as it happens now that it is the exception within Peruvian law.
7) The rulers must do what they can to increase the jobs within the Peruvian state, since that is their job and for this they receive a salary from the state. However, it has been warned that they do the opposite by dedicating themselves only to appearing on television in never ending stories or comics that many opportunities approach soap opera stories, which is followed by some lazy people with no job and no known trade, that is, it has been noticed that many people in the Peruvian state are playing the game to the politicians closely following their stories to stay up to date with the news. Which we reject with great energy.
18. LEGISLATIVE PROPOSALS
After having developed the subject in question and having formulated conclusions and suggestions, we added and formulated legislative proposals to this work, which will serve to polish the enormous harshness of Peruvian law, being these not only of Peruvian positive law, but also from other sources in the law among which stands out the jurisprudence, executions and doctrine, among others:
1) Many workers' rights must be included in the 1993 Peruvian political constitution.
2) Legislation must be approved in Peruvian law on corporate and non-corporate social responsibility.
3) Another norm that we hope will be repealed is the modal labor contract in the Peruvian positive law, because it is against the constitution in which the right against arbitrary dismissal is established, in this sense the Peruvian constitutional court has little or nothing made by this duly earned right of the workers, that is, it has not been energetic, for example, providing that copies be forwarded to the public prosecutor and the labor ministry for the sanctions that may arise in accordance with Peruvian sanctioning law. That is, in Peruvian law much remains to be done and even the indicated court uses many fanciful interpretations that only serve to distort rights already won in the constitutional seat,therefore we hope that the national council of the magistracy selects the members of the constitutional court.
4) The constitution must be modified so that it establishes that the worker is the supreme goal of society.
5) A more severe sanctioning regime should be established against work centers that threaten the worker and, consequently, against work, since it is a right that deserves protection in all civilized society.
6) Mechanisms should be established that are more in line with the Peruvian reality to collect economic labor benefits, since many work centers abuse their status as employers in order not to pay these concepts to their workers or extra-workers. And even these problems exist in state institutions such as the judiciary and public records.
7) New international conventions on the worker as a person and not as a human resource must be concluded. All of which would change the way of thinking of employers.
