FILE:

SPECIALIST :
NOTEBOOK :
SUMMARY Claim. For VOID dismissal
Return to work.
MR. SPECIALIZED LABOR JUDGE ON DUTY IN LIMA

I. CLAIMANT DATA
ANGEL DE PAZ CARHUAVILCA with ID No. 49403872 with real address in the
Sara Sara Street No. 22. San Juan de Lurigancho, Lima. and with address
procedural at Jr. Azángaro 1045 Of. 322, Cercado de Lima and with mailbox
electronic No. 5252 to you, I say:

II. DEFENDANT'S DATA

WHAT SENDS FROM THE ABREVIATED LABOR PROCESS, filed a lawsuit
against my employer: ALICORP S.A.A., with a real address at Jr. CHAMAYA Nº
280 - Breña (Lima).

III. APPLICATION REQUESTED

according to article 2, paragraph 2) of Law 29497, I demand:

4.1. MAIN CLAIM - I demand the NULLITY OF

DISMISSAL AND REINSTATEMENT to work, to my position and usual duties for having
was DISMISSED by Notarial Letter No. 132499 dated March 28 of
2014 for alleged serious misconduct contemplated in sections a) and d) of D.S. 003-97-TR,
dismissal that violates DUE PROCESS and Article 59 of the REGULATION
WORKING INTERNAL RIT) OF THE DEFENDANT, as there has not been
ESTABLISHED AND AGREED UPON MY DISMISSAL AND ALSO MY
TERMINATION LETTER IS SIGNED BY THE DISCIPLINARY COMMITTEE, it is only
signed by the Human Resources Administration Manager Mr. ROBERTO
CAMINO SOLIS, which is not the DISCIPLINARY COMMITTEE, also imposes me.
double sanction for the same supposed fact (suspension and dismissal) and it is

EXTEMPORANEO.
 Mr. Judge, my termination is null because it is due to my condition of my
union activity for having held the position of DEPUTY SECRETARY GENERAL
from the NATIONAL UNION OF WORKERS OF ALICORP S.A.A.
during the period from July 1, 2013 to June 30, 2014, to have
representado a los trabajadores en la NEGOCIACIÓN DEL PLIEGO DE
CLAIMS 2013-2014 that was resolved on February 17, 2014 and my
the dismissal occurs on March 28, 2014, as well as having represented myself
Union in various inspection complaints and legal claims such as that of
Nullity of Legal Act and nullity of Collective Agreement of May 6th
2010, among others.- NULL DISMISSAL provided for in subsections a) b) c) of Article
29th of D.S. Nº 003-97-TR.

Mr. Judge, I am DISMISSED for serious misconduct due to forgery of some documents.
SIGNATURES and some false data recorded in the Minutes of THE ASSEMBLY
GENERAL of January 25, 2014 to test a STRIKE PERIOD, but of
The SECRETARY OF MINUTES AND ARCHIVES Mr. has taken responsibility.
ADHEMIR AYALA MEDINA through Letter dated February 26, 2014.

IV.- ACCESSORY CLAIMS. - Declaring the claim founded

main, I request the following accessory claims:

a. I WAS PAID THE REMUNERATIONS LEFT OVER

TO RECEIVE, from the date of my dismissal until my effective reinstatement.

b. THE EARNED REMUNERATIONS ARE PAID TO ME WITH THEIR

RESPECTIVE LEGAL INTERESTS, in accordance with Decree Law No.
25920 and articles 1242º 1443º of the Civil Code.

c. I also request the payment of Costs and Fees of the Process in accordance with
Articles 410 and following of the CPC, article 1351 of the Civil Code table of
fees of the CAL.

V. FACTUAL BASIS OF THE MAIN CLAIM

AND ACCESSORIES. - are:
5.1. EMPLOYMENT SITUATION of the plaintiff:

a. My date of entry into the lawsuit is March 1, 2007.

My termination date is March 29, 2014.

c. REASON FOR TERMINATION. - By Notarial Letter No. 132499 dated March 28

2014, I am causing serious wrongdoing: subsection a) and d) of D.S. 003-97-TR

d. Service time. - is 07 years, 01 month.

e. My occupation. - has been as a worker with the position of OPERATOR OF

FILLING MACHINE in the Production Work area of the Plant
Instantáneos Lima located at Jr. Chamaya 280-Breña.

f. My last total remuneration received. - According to my payslip for the month of:
March 2014 would be: S/. 3,144.00, TOTAL SAYS s/. 5,141.00 OWE
Deduct 1,997.00 from profits and another discount.

g. But in the payroll for the month of March 2014, THE PAYMENT IS NOT RECORDED
from March 19 to 28, 2014, which means A SUSPENSION FOR 10 DAYS

5.2. FACTS ABOUT MY MAIN INTENTION OF ME

NULL DISMISSAL. - My dismissal is due to my union activity provided for in the
subsections a), b) and c) of article 29 of D.S. 003-97-TR, including due to my condition of
union leader, various demands presented, for being a member of The
Collective Bargaining in the periods 2013-2014 these are:

5.2.1.- I am a member of the NATIONAL UNION OF WORKERS OF

ALICORP S.A.A. since the year 2011 and I am the UNDER SECRETARY GENERAL of

NATIONAL UNION OF WORKERS OF ALICORP S.A.A. of

Period: July 1, 2012 to June 30, 2014, being dismissed on the 28th of...
March 2014.

5.2.2. I have been a member of the Negotiating Commission for the Claim Document of
my Union submitted the claim for the annual periods:

From August 1, 2012 to July 31, 2013.

b. From August 1, 2013 to July 31, 2014.- It was resolved with the Agreement
Collective date 17/Feb/2014 and I say goodbye occurs on 28.03.2014.
5.2.3. As for the solution of the last Claim Document 2013-2014, we have
had to present 4 deadlines for UNLIMITED GENERAL STRIKE, which
God is within the File of Claim No. 104-2013-MTPE/2.14.
Result of said strike deadlines:

In none of the 4 strike deadlines have we carried out the general strike.
undefined.

b)Fuimos dos días de huelga: las 11 y 12 de diciembre de 2013y se levantó

because the MINISTER OF LABOR declared our strike inadmissible and the
the dismissal takes place on March 28, 2014.

c) Asimismo en 3 oportunidades dimos plazo de huelga por el mismo motivo

previously, it was in the months of November, December, and February of 2014, that is, due to the

solución de nuestros PLIEGO DE RECLAMOS 2013-2014, pero fueron declarados

IMPROPER AND WE DO NOT EXECUTE IT OUT OF FEAR OF
DISMISSAL, among them the Strike that was approved was rendered ineffective.
General Assembly of January 25, 2014

5.2.4. The appellant has participated in all the meetings of the direct deal and of
conciliation meetings in the aforementioned Claims Document, holding the
collective agreement dated February 17, 2014 and my DISMISSAL is carried out on
28 de marzo del 2014.

5.2.5. Likewise, the appellant in the case followed in file number 2083-
2011 - in the 1st Labor Court of Callao, now in the 3rd Labor Court
Transitory of Callao, I have continued and I have participated in my capacity as a leader.
union against the demand, such as:

a. In my capacity as Deputy Secretary General signed written statement of presence

And continuing with the processing of the claim dated November 14, 2011
NULLITY OF LEGAL ACT contained in the Collective Agreement of 06
from May 2010 until I say goodbye, I have continued to present to the Union,
because the cited collective agreement is NULL, because the former Board of Directors of
Mr. LUCIO ESTEBAN FERNÁNDEZ BENAVIDES had no representation and
they had not been authorized by the General Assembly to represent us either.
b. The agreement mentioned in the previous paragraph is illegal; it is signed without the
authorization of the General Assembly of the union for a duration of 03 years: 01
from August 2009 to July 31, 2010, August 1, 2010 to July 31
2011. from August 1, 2011 to July 31, 2012, WHEN THE ASSEMBLY
my union had approved it for one year (08/01/2019 to 07/31/2020).

c. This trial is underway and I was TERMINATED on March 28, 2014.

5.2.6. I have also participated in my capacity as Deputy Secretary General of my

Union continuing the trial followed with file 17492-2011-0-1801-JR-
CI-02 now in the 2nd Constitutional Court, as:

a. It is a WRIT OF AMPARO, where we demand a space for the showcase.

union at each of the plants of the defendant in Lima and Callao.

b. This AMPARO process has been won in the first instance, so the
the appeal against the favorable judgment to our union.

I dismiss on materializes on March 28, 2014, and this AMPARO trial.

continues in PROCESS.

5.3.-THIS TERMINATION IS ALSO VOID because apart from my activity

The union has not respected the due process for my dismissal, also because:

[Link] DESPIDO SE PRODUCE SIN CUMPLIR CON LO DISPUESTO

UNDER ARTICLE 59 OF THE INTERNAL WORK REGULATION
(RIT) OF THE DEFENDANT:

a. My resignation VIOLATES article 5 of the RIT the defendant, that is, it does not
the DISCIPLINARY COMMITTEE has been established composed of the Area Manager,
people from the area related to the case Area Manager and a representative of
Human Resources, because they are not mentioned in the Notarial Dismissal Letter No.
289763 of 28.03.2014, likewise the termination letter is not signed by the
cited DISCIPLINARY COMMITTEE, which is the only one that has to determine my
termination according to the cited rule of the defendant and not the Administration Manager

from HR Mr. ROBERTO CAMINO SOLÍS, that is the DISCIPLINARY COMMITTEE

the defendant has not decided to sanction with the dismissal from work.
b. Any CLAIM made by the defendant after my dismissal as
Regularization will be considered not valid because it cuts into my...
right of defense, as established in art. 139, paragraph 3) 5) and 14) of the
Constitution.

5.3.2. MY TERMINATION IS UNTIMELY BECAUSE:

a. The notarial letter of charges No. 289549 is from March 19, 2014, the letter
notarial of Dismissal No. 289763 dated March 28, 2014, because the Union
communicated to the defendant on February 27, 2014, that the only responsible party
from the forgery of signatures in the Minutes of the General Assembly of January 25th
In 2014, the Secretary of Minutes and Archives of the Union was Mr. ADHEMIR.
AYALA MEDINA.

b. Indeed, I as the suggested general secretary of the aforementioned union...

communicated and attached to the defendant on February 27, 2014, the letter of
Mr. Adherir Ayala Medina dated February 26, 2014, states that as
the secretary of minutes and archives of the union takes responsibility for the irregularities
What is included in the minutes of the extraordinary general assembly dated the 25th of
January 2014 as well as the forgeries of signatures that she carried out and of having
addressed to the debate directors who were not present at that assembly thus
he/she declares himself/herself responsible for the drafting of the sworn declaration that
It is submitted to the Ministry of Labor as a requirement for the submission of the deadline.
de huelga entre otras irregularidades de las cuales asumen su responsabilidad.

5.3.3. DOUBLE SANCTION FOR THE SAME ACTION CANNOT BE COVERED

ASSUMED FACT (DISMISSAL AND SUSPENSION. -that is, the defendant me

has been dismissed from work and has been suspended for 10 days without pay for:

a.- the demand through its notarial letter of charges No. 132025 dated 19 of
March 2014, where I was granted 6 days to carry out.
I downloaded and I will come to my workplace until the
moment when a definitive decision is made regarding your case.

b.- He carried out my DISCHARGE by means of notarial letter No. 82304 of March

sectioned by the defendant on March 25, 2014.

 c.-The defendant TERMINATES me with her notarial letter No. 132499 dated March 28
from 2014, that is to say the dismissal letter that arrives on the tenth day, but of these days
I have not been paid and I have not been deposited with the bank as stated in the
The attached voucher even the defendant has refused to provide me with the receipt of
payment of the law nevertheless I reiterate verbally.

d.-IN CONCLUSION. The defendant has applied two simultaneous actions against me.
one's own supposed fact what in the worst case should be suspension of
the 10 days without pay instead of dismissal, having to claim the 10 days of
my suspension how much I won this replacement trial because oh of course I have not committed
serious flaw that angers me about the defendant

5.2.4. RULING ON THE HOMOLOGATION OF ASSETS. -My dismissal too

es nulo porque yo le vengo siguiendo a la demandada un juicio por homologación de
assets in file number 0285 5 - 2012 - sixth labor court of Lima hour
25th transitional labor court of Lima where the case is pending.

5.3.4. FACTUAL BASIS FOR THE ALLEGED GRAVE FAULT.

We have:

5.4.1. The defendant in their Notarial Letter of CHARGES No. 132025 dated March 19
from 2014, it indicates that I am accused of a pre-dismissal in its first paragraph for

breach of work obligations that constitutes the infringement of the

good faith at work the non-compliance with the RIT does not specify the RIT norm and due to having given

false information to the employer with the intention of obtaining an advantage that is present
provided for in paragraphs a) and d) of article 25 of Supreme Decree 003-97-TR

5.4.2. I have refuted all the facts and charges that the respondent attributes to me in her
notarial letter of cars and how it is to be seen from the second to the last paragraph of
the notarial letter of discharge number 8234 dated Tuesday, March 24, 2014
received by the defendant by the defendant on March 25, 2014 and is recorded
with the numerals 1 to 10 of my reference notarial letter, I downloaded the following:

1. Regarding the second paragraph of your letter, is it true that my national union of
workers of ALICORP S.A.A. deliver to their representative a letter dated 10
of March of February 2014 as it is also true that in the general assembly or
meeting of January 25, 2014 had agreed to carry out an indefinite general strike and
Is it true that a copy of the general assembly minutes from January 25, 2014, was attached?
as well as the sworn statement of having made the decision to go on strike but
All the mentioned documentation was prepared by our minutes secretary and
archivos señor ADHEMIR AYALA MEDINA y por lo tanto no se sable por alguna
omission or irregularity that may have occurred in them because they were drafted by our
secretary of the minutes previously mentioned.

2. About the 3RD and 4TH and 5TH paragraph of your letter.- From the various letters that were sent to me

The gentlemen indicate that there was indeed a general assembly or meeting on January 25.
2014 even the unionized attendees of that meeting when asked if they were
in accordance with the indefinite general strike for the resolution of our demands
Claims 2013 - 2014 gave their verbal consent to agree with it.
The general union assembly is the meeting of several people and the fact that they have been
media, one, two or more hours in it, does not disqualify them as a meeting or as
assembly the appellant and other unionized workers have been from the beginning until the
end of said assembly or meeting as is the verse of the letters that are attached
establishes that the main agenda is to give consent if they agreed with
to approve going on an indefinite general strike for the solution in our demands
claims 2013–2014.

3. About the 6TH and 7TH PARAGRAPH of your letter. - It is not true, it is not true, that the

the recurrent has provided false information to the employer with the same intention of
obtain "advantage" to reach the quorum for the approval of a fourth term of
strike regarding this

a. Regarding the 2 forged signatures, he reiterated that he prepared all the documentation.
our secretary of minutes and archives wrote before and I only signed the
documentation without reading its content thinking and trusting in our secretary of
minutes.

b. I have union immunity due to my status as a union leader according to the

Article 31 of D.S. 003-97-TR for being the deputy secretary general of the union and not
for approving a strike.

c. I do not approve a strike; it is approved by the members and the approval.

from a strike according to the letter that is attached to me was approved by the members through

the consent expressed (verbal).

d. Furthermore, the union did not affect the mentioned strike, that is, it withdrew.

4. Regarding numeral 1) about the attribution of alleged faults with the

Documents that accuse me stated that the accusations against me are not true.
we have attributed:

a. He reiterated that I did not forge the signature of the unionized gentlemen OLIVO
EXEVIO ÓSCAR ALEJANDRO and TARAZONA APOLINARIO ERASMO
ELMER is clarified in the following literal.

b. The national union of ALICORP S.A.A. workers informed you through

letter to her representative that the minutes of the general assembly of January 25, 2014
as well as the sworn statement including the letter of communication documentation
the strike deadline to the company and the Minister of Labor was drafted by the SECRETARY
REGARDING RECORDS AND FILES MR. ADHEMIR AYALA MEDINA, which gives us

he made the leaders sign the documentation he presented to us and for the trust that
being a union leader, its content was read but anyway they will make up the
errors or irregularities for not having carried out the strike, meaning we withdraw
tacitly of her.

5. Regarding numeral 2), about 5 letters dated March 10, 11, 12, and 13, 2014
from the unionized SOTO GUEVARA ROGER, GIRON SÁNCHEZ MARIO
ALEXANDER, EUGENIO ALEJANDRO TRUJILLO FLORES, DE LA CRUZ
ELERA LUIS and BAZAN VEGA ALEXANDER. - In this regard:

a. From the letters of these 5 x 5 unionized individuals, they express that they gave their

verbal consent that they agreed with GENERAL STRIKE

INDEFINITE due to the resolution of our claim document 2013-2014.

b. These ex-union members confirm that they did attend on January 25, 2014.
at the union local where they gave their consent to go on strike.

c. The minutes of the general assembly of union members is not false to be

false is when the signers who attended on January 25, 2014 were all
the false signatures.

d. That the Secretary of Minutes has forged some signatures, no

it means that all those appearing in the Assembly Minutes of January 25 of the
2014 were all false.
 e. I reiterate that I have not forged any signatures of the attendees.
general assembly of January 25, 2014 is also not drafted from that assembly
in the book of minutes and also a document that freely attributes to me his
represented.

Mr. ALEXANDER BAZÁN VEGA. - Can be through intimidation before the company
like others, to state that there was no general assembly or meeting of
unionized on January 25, 2014, however, expressed party that signed their
assistance for agreeing with the strike, those who do not agree would not have
signed their attendance.

6. Regarding numeral 3) about the two (2) letters. -we have:

a.- From SALVATIERRA CITY EDUARDO ÁNGEL. - no longer led him to

sign the discharge dated March 11, 2014, and it is also not true that your signature
has carried out on January 28, 2014, the test of such falseness is that it has
signed a letter stating that he/she attended the wide wings meeting on January 25 of the
2014 and in it his signature was recorded and he agreed with the STRIKE.

b- De VILLANUEVA JARAMILLO FORTUNATO. - this worker with

otros por la intimidación de la empresa despedirlos pueden decir cualquier cosa, pero
The real and certain thing is that his signature appears as an attendee at the meeting of the 25th
January 2014 and with it, he made it clear that he agreed with the STRIKE.

7. Regarding numeral 4) about 30 letters, which belong to the same number

of workers like CHUQUIZUTA CABRERA ELDER, among others who
THEY HAVE BEEN FALSIFIED THEIR SIGNATURES, this has been made explicitly.
the secretary of minutes and archives Mr. ADHEMIR AYALA
MEDINA is not a forged signature of any union member, Mr. Ayala corner
drafted the minutes of the general assembly of January 25, 2014.

8. Regarding point 5) about a letter dated February 27, 2014, it refers to the
letter he sent to the union to his representative where the letter that was sent to us is included

sent by Mr. ADHEMIR AYALA MEDINA who admits that the record contains
forged signatures but the same clarifications made and not recurrent.
9. Regarding numeral 6) about 99 letters from 99 affiliates have been distorted.
the interpretation you give to the content of the mentioned 99 letters,
which indicate:

that the 99 workers attended the place where the assembly was being held or the
meeting of unionized workers therefore it cannot be claimed that there was none
assembly or meeting of unionized workers for both the first and the second
shift.

b. Regarding the voting person for the approval of the general strike
each of the affiliates has expressly stated that they were
in accordance with the approval of the mentioned strike or the resolution of our demands
of claims 2013–2014.

c. Regarding the fact that the vote was recorded by show of hands, it could have been
an error from our secretary of minutes Mr. Ayala, but the basic thing is that if the 99
workers have agreed to the strike and their decision was unanimous because
All those who have signed their attendance to that meeting were in agreement with the
strike and measures taken due to the delays in solving the agreement
of Claims from the Union.

d. Regarding the configuration that there has been an advantage to obtain the two-thirds
Votes in favor of a strike do not exist, there is no such advantage, the advantage that is pointed out.

the rule that imputes for the dismissal refers to a benefit that the appellant has
it would have benefited which does not exist besides the strike that was approved on January 25
from 2014 was suspended or rendered ineffective, so what advantage are you talking about for
configure the alleged serious offense.

10. Regarding what is stated on the penultimate page of your letter of charges, I reiterate that
people have not committed serious offenses nor have they incurred in non-compliance with the

work obligations that broke the good faith of labor except for the
non-compliance with internal work regulations, for which I request your representative
complies with my reinstatement to work once this letter is received because
I reiterate that I did not commit a serious offense.

5.4.3. IN CONCLUSION, THERE IS NO SERIOUS OFFENSE THAT ME

ACCUSING the defendant, for:
a. That Mr. ADHEMIR AYALA MEDINA in his letter sent to the union
dated February 26, 2014, states that in his capacity as secretary of the minutes
the union is the only responsible for filling out the minutes of the general assemblies
from January 25, 2014, he also admits that he is the only one who has made the signatures
falsehoods that have been recorded in the mentioned assembly minutes as well as having
assigned as debate director for the afternoon shift to those indicated who do not
they were at the assembly, he also claims to have written the declaration
did that made the board sign without informing us of the irregularities that
I had also drafted the strike deadline communicated to
the defendant and the ministry of labor.

b. ALSO DUE TO THE IRREGULARITIES, THE UNION WAS LEFT WITHOUT

EFFECT OF THE STRIKE that is recorded in the minutes of
general assembly of January 25, 2014, which was scheduled to take place from
February 19, 2014.

c. HAVING NOT CARRIED OUT THE STRIKE in relation to the MINUTES OF THE
GENERAL ASSEMBLY of January 25, 2014, the defendant HAS NOT SUFFERED
ANY ECONOMIC HARM.

d. What is false that the appellant in the minutes of the general assembly of January 25 of
2014 you went with the intention of gaining an ADVANTAGE for my benefit or for a
tercero además nos resistimos de la huelga esto no es ejecutó la huelga esto no es
he executed the strike regarding the errors that may have been made in the general assembly
January 25, 2014.

e. Likewise, the TERMINATION IS UNTIMELY because the letter sent by the

Mr. ADHEMIR AYALA MEDINA was delivered to the defendant on the date
February 26, 2014 the notarial letter of charges sent to me is dated 19
March 2014 and the dismissal occurs through the notarized letter of March 28.
2014, that is, it is completely off-season.

f. THAT THE DISMISSAL VIOLATED ARTICLE 59 OF

INTERNAL WORK REGULATION (RIT) of the defendant this means that
the disciplinary committee would not have been established to implement my dismissal and chose to
not saying goodbye since it is not mentioned in the notification of dismissal letter in addition to the

The termination letter is not signed by the defendant as mentioned by the committee indicating that
The HR management manager Mr. ROBERTO CAMINO SOLÍS is not available.
I am not authorized to dismiss myself; that is the committee's responsibility.

g. Likewise, the plaintiff would have applied TWO ACTIONS

SIMULTANEOUSLY A SUSPENSION OF 10 DAYS WITH DISCOUNT
SALARY AND THE OTHER OF TERMINATION OF EMPLOYMENT

5.5 FOUNDATIONS OF THE FACT OF ACCESSORY CLAIMS.

we have:

a. ABOUT THE EARNED REMUNERATIONS from the date of me

termination until the effective date of my REPLACEMENT is appropriate to declare
THIS REQUEST IS UNFOUNDED as the NULL TERMINATION is protected as indicated
Article 40 of point 003 97 TR

b. PAYMENT WITH LEGAL INTEREST FOR THE PAYMENT OF REMUNERATIONS

Indeed, all unpaid debts generate interest.
legal.

c. ON THE PAYMENT OF THE COSTS AND EXPENSES OF THE PROCEEDINGS in all trials

irroga gastos que lo debe pagar la parte perdedora sobre todos los HONORARIOS
Professionals that I must pay my lawyer before other expenses.

VI. LEGAL FOUNDATION OF THE CLAIM

PRINCIPAL AND ACCESSORY CLAIMS. - we have: one

1.- REGARDING NULL DISMISSAL my protection under clauses a, b, and c of article 29

The DS 003 97 TR states 'THE DISMISSAL THAT HAS AS A REASON IS NULL:'

1.1 About the paragraph on affiliation to a union in the partition in

union activities.

1.2 Regarding clause b, be a union to present a representative of the workers or

to act as having acted in those qualities.

1.3 Regarding item c, submit a complaint to participate in a process against the

employer before the competent authorities unless it constitutes a serious offense
contemplated in paragraph f of article 25.
1.4 INTERPRETATION OF THE NULL DISMISSAL RULES BY ME
Trade union activity includes:

a. The dismissal is null when it is related to my union activity as for

My union status, as well as at the time of dismissal, has been a leader.
I would have union protection because of my condition of being the
UNDERSECRETARY General of the NATIONAL WORKERS' UNION
FROM ALICORP S.A.A. for the period from July 1, 2012 to June 30 of
2014

b. Likewise, for having presented to the defendant in my capacity as successor that the
GENERAL SECRETARY of the UNION on behalf of those indicated
Plagiarism of claims 2013-2014 THAT WAS SOLVED on February 17, 2014
being part of the DEFENSE COMMISSION THE MENTIONED PLAGIARISM OF
COMPLAINTS in my farewell takes place on March 28, 2014.

c. Also for having presented to the defendant four strike positions

for the solution of the aforementioned claim document having been suspended for the
I cited a complaint document along with my other colleagues the union on the 11th.
y 12 de diciembre de 2013.

d. Also for continuing with the trial of NULLITY OF LEGAL ACT

content in the collective agreement of May 6, 2010 followed by
file 2083-2011 currently before the third transitional labor court of
Callao.

e. Among other interventions on behalf of those indicated in my union my

union.

Article 27 of the constitution states that I have protection against dismissal.

arbitrary in my case of null dismissal that has been filed against me

3.- Article 1, 23, 24, and 26 of the Constitution The appellant as a worker has
right to have a job and earn fair and equivalent compensation that
may it provide sustenance for me and my family.

4. IN ARTICLE 59 OF THE INTERNAL WORK REGULATIONS

from the defendant stating that before imposing a sanction on the workers
First, it is necessary to form or establish the disciplinary committee that is
constituted by the area manager, a person from areas related to the case manager of
other areas and a representative of human resources of the defendant which has not been
constituted and has not been mentioned in the termination letter if the termination letter is there

is not signed by the cited committee.

5. Article 2, paragraph 3 of law 29497 - stating that it is a PROCESS.

ABREVIADO LABORAL, por tratarse de una REPOSICIÓN COMO
MAIN CLAIM that is found within the NULL DISMISSAL.

6. Article 40 of D.S. 003-97-TR stating that declaring it FOUNDED the

main claim of null dismissal with the preposition ordered the payment of the
accrued remuneration.

Articles 1242, 1243 of the CIVIL CODE, Law 25920.- the accrued renewals
They must be paid at legal interest.

8. Artículo 410º y siguientes del código CPC, como también la tabla de horarios
reaches of the CAL and article 1351 of the Civil Code. - The COSTS and COSTS of the
Costs must be paid by the loser (the defendant).

VII. EVIDENCE. - I offer the following:

7.1 Attached are the originals of my four pay slips for the months with dates
December 2013, January, February, and March 2014.- WITH THE PURPOSE OF
ACREDITAR: (ANEXO 1C).

a. MY EMPLOYMENT RELATIONSHIP date of entry into a job charged me my

perceived relationships.

b. The discount of my union fee for being a member of the NATIONAL UNION
WORKERS of ALICORP S.A.A. that appears in the field of
discounts.

c. Likewise, in the March 2014 pay slips, I have been paid the
remuneración del 19 de febrero del 18 de marzo de 2014 O sea no se me ha pagado
the payment of the 19th of March 28, 2014, 10 days for having been suspended
demanded.

7.2 ABOUT NULL DISMISSAL we attach the following documents

7.2.1. Attached notarized legalized copy of my Legal Personality.
Certificate of Automatic Registration of my Union that you have requested
to the Ministry of Labor on June 14, 2012 - for the PURPOSE OF
I BELIEVE that I am elected as your general secretary of the national union
of workers from ALICORP S.A.A. for the period from July 1, 2012 to
June 30, 2014, and I say goodbye is produced on March 28, 2014 (annex 1D).

7.2.2. Attached is a copy of three pages of the communication of the changes.

produced to the Board of Directors of a union mentioned dated June 7
from 2012 addressed to the Ministry of Labor with the purpose of certifying that the
recurrently in general elections I am elected as their general secretary for the
period from January 1, 2012 to June 30, 2014 and I say goodbye
produced on March 28, 2014 (ANNEX 1E)

7.2.3. Attached is the voucher for the month of April 2014 regarding the payment movement.

of my fifth category numbering in order to certify that the

the defendant has not paid me the remuneration from March 19 to 28, 2014 because
has been suspended from work (ANNEX 1F)

7.2.3. I point out a copy of folio 20 regarding the filing of our lawsuit.
work school by my union for the period from August 1, 2013
31 de julio 2014 con la finalidad de acreditar que el recurrente como su secretario
the union leader was appointed a member of the negotiating committee of the
complaint document on behalf of the workers (ANNEX 1G)

7.24 Attached is a copy of page 02 of the claims presentation.

from MTPE for the period from August 1, 2013, to July 31, 2014 with the
PURPOSE OF ACCREDITING that he has been appointed a member of the commission

negotiator of the cited claim document (ANNEX 1H)

7.2.5. EXHIBITION: the defendant will EXHIBIT MY PAY SLIP OF

MARCH OF 2014 OR DOCUMENT THAT PROVES I HAVE
PAID the salary remuneration from March 19 and 28, 2014, in which
my signature must appear. -HE REQUESTED IT WITH THE PURPOSE OF
TO BELIEVE:
a. That the defendant has not paid me the numbering for the 10 days of said.
period which implies its SUSPENSION WITHOUT PAY proving
if not if the double penalty of DISMISSAL AND SUSPENSION

b. Also, my dismissal would be TEMPORARY.

7.2.6. Attached is a copy of the installation minutes of the direct agreement from the document.

claims from the period of August 1, 2012 to June 30, 2014 held between
the defendant and the union IN ORDER TO ESTABLISH that it was included
as a member of the negotiating committee for the claims document in my capacity as
his secretary general (ANNEX 1I).

7.2.7. I enclose 15 pages of ATTENDANCE CERTIFICATES TO

DIRECT CONTRACT MEETINGS to our claim sheet
2013-2014 celebrados ante el ministerio de trabajo con la demandada durante el
year 2013-2014 with the purpose of certifying that he/she has represented the workers
sindicalizados en mí en mí sindicato como miembro de comisión negociadora y
how the general state of the union arises (ANNEX 1J).

7.2.8. Attached is a copy of 04 pages of the Collective Agreement dated February 17

from 2014 and I say goodbye occurs on March 28, 2014 and is for the period of
From 01.08.2013 to 31.07.2014 for the PURPOSE OF ACCREDITING, that was signed

on the mentioned date of the cited collective agreement for the mentioned period
and served as a representative of the workers as a member of the commission
negotiator in the capacity of holding me general (ANNEX 1K).

7.2.9. Attached is a copy of three pages of the notarized letter from the defendant dated
January 29, 2014, refers to the defendant, our union with the
PURPOSE OF ACCREDITING that the defendant in the case of the strike us
it requests us to provide 179 unionized workers to cover their needs.
essential activities (ANNEX 1 L).

7.2.10. Attached is a copy of 07 pages from our union sent to the defendant.
the hill February 5, 2014 is subscribed by the appellant regarding the relationship of
staff for their essential positions in case of a strike for the purpose of
TO BELIEVE that our union states to the defendant that it has
the number of essential positions required in case of a strike has been excessively requested
because we are 254 unionized and the defendant requests 179, with which the
the defendant would be preventing us from going on strike for the solution
just of our claims document 2013 2014 (ANNEX 1 LL).

7.2.11. I attach a copy of 07 pages of the letter from my union sent to

Ministry of Labor dated February 5, 2014 signed by my union
pointed out that the appellant is its general secretary regarding the DIVERGENCE between
the number and occupation of workers who must work in services
dispensables durante la huelga. -con laFINALIDAD DE ACREDITAR: --
(ANNEX 1M)

a. That which was managed before the Ministry of Labor to determine the
number of workers to be employed in essential positions in the event of a strike,
but the Ministry of Labor did not make the determination of the DIVERGENCE for
when we wanted to go on strike for our claims report 2013-2014
increase in workers that do not correspond to life due to the amount
of production and activities from the year 2008 to 2014.

b. May this broken increase of people be exposed

indispensable in the STRIKE house, as reiterated by the following TABLE that
menciona en el escrito ofrecido:

Letter from the defendant No. Of consi. No. of affiliates - % position undisputed -

Date indispensable setbacks - to the Union: saber VS unionist-

By Alicorp. Zados:

24.03.2008 30 340 8-82

29.01.2009 55 320 17.18

28.01.2011 52 260 20

29.01.2013 134 240 55.83

29.01.2014 179 254 70.47

7.2.12. Adjunto copia de la carta de mi SINDICATO que el recurrente y demás

the leaders refer to the defendant dated March 12, 2013
in order to certify the submission of the legal deadline
ON STRIKE for the resolution of the claim file 2013-2014 strike that was going to
to be executed on November 25, 2013 due to the observations and the declaration of the
impropriety of the Ministry of Labor did not perform (ANNEX 1 N)

7.2.13. Attached is a copy of the silicate letter that the appellant and other officials
sent to the general director of the general directorate of the ministry of labor with
the PURPOSE OF ACCREDITING that the notice the legal strike period to
to take effect from November 25, 2013, which, as I repeat, was suspended
(ANNEX 1Ñ).

7.2.14. I attach a copy of General Director Resolution No. 03-2014/MTPE/2/14

from January 15, 2014 with notification number 10221 issued on
January 14 and 7, 2014.- in order to accredit, that the
ministerio de trabajo declaró improcedente nuestro plazo legal de huelga por las
observations that were made to us and for this reason the mentioned strike was suspended
from January 22, 2014.- (ANNEX 1-O).

7.2.15. Attached is a copy of the letter that I, as the general secretary, sent to the
claim dated December 27, 2013 with the PURPOSE OF
BELIEVE, that I made the claim for my affiliates CÉSAR SÁNCHEZ
OLGUIN and JOHN MICHAEL MATOS, we respond to the letter from the defendant
from December 17, 2013, on the UNILATERAL POSTPONEMENT OF
VACATION ROLE OF YOUR VACATIONS and for not respecting the ROLE
Fixed Vacation for the year (ANNEX 1P).

7.2.16. Attached is a copy of 11 pages containing letters addressed to the defendant.

and the union is addressing the claim regarding labor issues of ours
unionized, are: (ANNEX 1Q).

1.- Letter from the defendant dated December 27, 2013.

2.- Union letter from December 4, 2013.

3.- 5 pages of the Letter from my Union dated January 27, 2014.

4.- Letter from the defendant dated February 3, 2014.

5. Letter from my Union dated December 6, 2013.

 These 11 pages are for the purpose of certifying that has represented to
all the union members in my union in defense of their labor rights and
that the defendant has not provided a solution.

7.2.17. I attach a copy of the Disciplinary Measures manual on the date that I
Sent the defendant along with the charge letter from March 19, 2014.
PURPOSE OF ACCREDITING, that the company has arranged to sanction
a worker with some disciplinary measure including reprimand, suspension and
dismissal must first form a disciplinary committee integrated in a way
principal by the Area Manager, the people in the area related in case of
reference and a Human Resources representative, can also integrate the
comité de disciplina general de otras áreas(esta norma es la misma que aparece
en el artículo 59º del Reglamento Interno de Trabajo (RTI) de la demandada.
(ANEXO 1R).

7.2.18. Original attachment of the Internal Work Regulations (RIT) of the

plaintiff.-with the purpose of proving that to season with the
the defendant should have appointed the disciplinary committee as stated in the
Article 59 of the RIT, which is the same text that contains the measurement manual
disciplinarias que se menciona en el 7.3.6) en estos medios probatorios y que
según la carta de despido no se ha formado por qué no lo menciona y no he sido
mentioned by her because the dismissal was confirmed by the administration manager of
Human Resources Management Mr. ROBERTO CAMINO SOLIS and not the COMMITTEE OF
DISCIPLINE (ANNEX 1S).

7.2.19. Attached is a copy of the distribution of the Internal Work Regulation (RIT)
from the defendant with the PURPOSE OF PROVING. -that he did deliver to me the

RIT(ANNEX 1T).

7.2.20. Attached is a copy of 28 pages, which contains the letter sent by my union.
to the company dated February 10, 2014 regarding the STRIKE DEADLINE,
where the minutes of the general assembly of January 25, 2014 are attached
attendance at said assembly, voting record, and the signed sworn statement by
the board announced that the strike would begin on February 19, 2014 and that
It would be peaceful for this strike if it were suspended and not carried out. - with the PURPOSE

TO BELIEVE (ANNEX 1U)

 a. That if there was a general assembly or workers' meeting, which is the same.
made on January 25, 2014.

b. También acreditar que se presentaron también los documentos citados por

the defendant.

c. That the strike was suspended, it did not take place.

d. What documents are included in the minutes of the General Assembly?

certified firm if some false data of facts and names of union members,
as is the case of the Debate Director who had not been present, among
other facts and acts that are not related to the truth.

e. That of all the irregularities contained in the minutes of the general assembly
from January 25, 2014, and other strike deadline documents, is from
responsibility acknowledged by THE SECRETARY OF MINUTES AND ARCHIVES
MR. JOSE YUPANQUI AND NOT OF THE SUBSCRIBED, signed by the appellant without

to read them thinking that the Secretary of minutes had acted with integrity and truthfulness.

[Link] copia certificada de la Constancia Policial de la ocurrencia

No. 054 dated March 27, 2014 with the PURPOSE OF ACCREDITING:
That the defendant indicated to the POLICE THAT DOES NOT ALLOW ME TO

ENTRY INTO WORK DUE TO BEING IN A PROCESS

DISCIPLINARY ACTION FOR HAVING BEEN SUSPENDED FOR 10 DAYS
WITHOUT REMUNERATION AND WITHOUT EXPRESS LETTER. -(ANNEX
1W).

7.3. ABOUT THE DISMISSAL FOR ALLEGED SERIOUS MISCONDUCT.- I offer and

I am attaching the following document in order to certify that I have committed

the serious offenses are:

7.3.1 I attach the Notarial Letter of Charges sent to me by the defendant.

number 13 2025 dated March 19, 2014 for the PURPOSE OF
ACREDITAR (ANEXO 1X)

a. The date of receipt of this letter was March 19, 2014.

b. Costs the charges that the defendant attributes to me.

c. Me otorga 6 días naturales para hacer me despido y mesonera

 to present myself for the job that would be due on 24 03 2014 but I

dismissed on March 28, 2014.

d. That the defendant in numeral 5 states that it attaches:

d.1. The letter from the UNION dated February 24, 2014 sent by the secretary
general request to the secretary of minutes and archives Mr. Ayala Medina for
report on the irregularities contained in the general assembly minutes of 25
March 2014.

d.2. The letter from the secretary of minutes and archives of my union from Mr.
ADHEMIR AYALA MEDINA dated February 26, 2014, where it is made
responsible for the associations of firms and for the hiring of false data to
the general assembly of January 25, 2014 among others.

d.3. The letter from the Secretary General of the union, Mr. Porras, dated February 27
from 2014 addressed to the company wherever the letter from Mr. Ayala is.
mentioning in the previous paragraph and adding that he has submitted his resignation to the

company.

7.3.2. Attaching my notarial letter of DEFENSE number 82304 of the 24th of

March 2014 with the purpose of accrediting that it is refuted all the
the charges and accusations that the defendant attributes to me are false regarding
my personal or dismissal (ANNEX 1 Y)

7.3.3. Attached is the NOTARIAL letter of TERMINATION from the DEFENDANT No.

132499 de fecha 28 de marzo de 2014 con laFINALIDAD DE ACREDITAR

(ANNEX 1Z)

a. The notarized dismissal letter was notified to me on March 28, 2014.

b. That the notification of the notarial letter of charge 1903 2014 and the
notification of notarized dismissal letter on March 28, 2014, had divided 6
natural days.

c. It is verified that the defendant has applied two actions against me.

simultáneas por un mismo supuesto hecho que no he cometido esto es:

 c.1. of the 10 calendar days mentioned, it has not been paid as of today.
I have also not received the payment receipt and these 10 days meaning that
es sido suspendido sin goce de remuneraciones por 10 días

c.2. Sostienen los mismos cargos que me atribuyó en su carta notarial de cargos

c.3. La carta notarial de despido no verifica que no es razonable haberse negado

analizar y tomar en cuenta la carta de nuestrosecretario de actas y archivo de
my union Mr. Ayala Medina dated February 26, 2014 that has been
mentioned in numeral 5 of the notarial letter of charges number 28 95 49 of 19
in March 2014 where Mr. Ayala, due to his position as secretary of the minutes, is
the content that appears in the minutes of the minutes book acknowledges that it was
who has forged all the acronyms axial like the names of the directors of
debates in the morning and afternoon sessions of the general assembly on January 25
2014 other facts contained in the notice of charges

7.3.4. Adjunto 03 Cartas legalizadas notarialmente y con la FINALIDAD DE

CREDIT are (ANNEX 1ZA)

a. Attached is the notarized legal copy of February 24, 2014, sent by the
secretary general my national union of workers of ALICORP S.A.A.
addressed to the secretary of minutes and archives of my union Mr. ADHEMIR AYALA
MEDINA in order to certify for it to report on the
signatures that do not correspond in the minutes of attendance of the general assembly on the 25

January 2014. Among them is the affiliate ELDER CHUQUIZUTA CABRERA

b. Attached is the notarized legal copy of the letter dated February 26, 2014.
Submitted by the secretary of minutes and archives of my union Mr. ADHEMIR
AYALA MEDINA DIRIGIDO AL SECRETARIO GENERAL DEL
UNION with the PURPOSE OF ACCREDITING:

b.1- what is who has drafted the minutes of the general assembly of 25 of
January 2014 and that due to a lack of legal knowledge it has falsified several.
signatures of attendance at the mentioned assembly.

b.2- Mr. Ayala also states that he has drafted the sworn declaration for
to represent the strike deadline all without the knowledge of the other leaders
of the union.
b.3-Also, the Secretary of Minutes, Mr. Ayala, states that he has forged.
firmas en los escritos que se han presentado al ministerio de trabajo sobre el plazo
of strike

b.4- por último, el secretario de actas del señor Ayala manifiesta que se hace
responsible for all the aforementioned facts and acts and for that reason has been seen
obligado a presentar su carta de renuncia con la fecha 26 de febrero 2014.

c.- Attached notarized legalized copy of the letter from my union signed by the
general secretary of my union sent to the director on February 27, 2014
corporate labor relations of the defendant EDUARDO
MARTÍNEZ DEL PINO in order to certify that my union
He communicates to the board and attached the letter from our secretary of minutes file.
where on February 26, 2014, the letter is indicated in which responsibility is assumed
from the research conducted

7.3- 5 along with a notarized copy of the resignation letter to the union from the gentleman
Eduardo Ángel city Salvatierra dated March 14, 2014 Peru
Received on March 18, 2014, for the purpose of certifying that he/she renounced to the

sindicato por motivos estrictamente personales y no porque se haya sorprendido

as they argue in their response letter sent to the defendant on March 11
from 2014 where it states that he/she did not voluntarily attend the general assembly of

date January 25, 2014. (ANNEX 1 ZB)

7.3-6 exact notarized legalized copy of the response given by our affiliate
Oscar Gustavo Zegarra Calderón to the notarial letter number 1146 of the defendant
in order to certify (ANNEX 1 G)

that he did attend the general assembly or meeting of union members dated 25 of
enero del 2014 y que fue a las 9:40 del mencionado día y la firma que aparece en
the attendance record of yours.

b. It also clarifies that he/she was at that assembly or meeting for a certain hour because

el secretario de actas y archivo señor adherir Ayala Medina que estaba llevando a
cabo la reunión autorizo que sí tienen que hacer y han firmado por la aprobación
A strike for the resolution of the list of demands could emerge.
c. As for how he arrived late to the morning shift meeting, he is not aware if it was mentioned.

to a debate director, but he saw that the one directing the meeting was the secretary of
cited minutes.

d. It also claims that since he arrived late and left before the assembly ended, he was not

consta si se nombró a un delegado seccional

Finally, his consent for the strike was verbal and not by show of hands.

7.3-7 point legalized copy of the letter from the affiliate Erasmo Elmer Tarazona
Apolinário dated March 4, 2014 issued the response to the complaint
of the powers requested by the defendant in their letter dated February 27, 2014
in order to certify (ANNEX 1ZC)

A. What our affiliate who attended the general assembly on January 25 stated
from 2014 and the signature that appears on the page of the document reads to meeting with not him
that signature belongs to them, that is, their signature has been forged

b. but the, but clarifying that the secretary of minutes and archives Mr. Ademir
Ayala Medina already stated in his letter dated February 26, 2014, that he is
who has forged your signature as well as those of other members and in your letter ASSUMES
su responsabilidad por tanto el recurrente no ha cometido falta laboral alguna.

7.3-8 attached is my application for diabetes homologation, as well as the resolution.

friendly and resolution number 12 sets the hearing for April 10, 2014
in order to verify that he followed this lawsuit with the defendant and that he
find in the procedure followed in the file b028 55 2016 sixth labor court
de Lima annex 1 zd

7.4OFRECIMIENTO DE TESTIGOS SOLICITÓ LA ACLARACIÓN

TESTIMONIALS LADY OF MY AYALA MEDINA in her condition
of the worker and dismissal of the defendant and how is the stage of highs of
archivo del sindicato nacional de trabajadores de alicorp para que declares sobre
the facts indicated in numeral 73 11 of this evidence offer with
regarding the security that has been committed in the minutes of the general assembly
extraordinary national union of agricultural workers facts and documents
que elabora para el plazo de huelga del sindicato en mención
7.5 STATEMENT BY THE DEFENDANT requested the statement of
parte del representante legal o apoderado de la demandada para que observa las
questions I formulated to ask in the corresponding hearing with the purpose
to believe that the defendant is aware that the person who wrote the
Minutes of the general assembly January 25, 2014, was the former secretary of the union.
Ayala Medina has forged a signature and altered a piece of data from the
debate directors who communicated with the defendant being the only responsible
of all this among other facts of this lawsuit.

VIII APPENDICES. - I ATTACH THE FOLLOWING APPENDIX

1. A copy of ID.

1-B. Attached are originals of my four pay stubs from the months with dates
December 2013, January, February, and March 2014

1-C. Attached is a notarized legalized copy of my Legal Personality.

Constancia de Inscripción Automáticamente de mi Sindicatoque has pedido
to the Ministry of Labor dated June 14, 2012.

1-D. I am attaching a copy of three pages of the communication of the changes.

producidos a la junta Directiva del sindicatoantes citado de fecha 7 de junio

de 2012 dirigido al ministerio de trabajo.

1-E I attach the receipt for the month of April 2014 regarding the payment movement of
month of fifth category numbers for the purpose of certifying that the
The defendant has not paid me the remuneration from March 19 to 28, 2014.

1-F Apunto copia de folio 20 sobre la presentación de la demanda de nuestro

work college by my union for the period of August 1, 2013
31 de julio 2014.

1-G. I am attaching a copy of page 02 of the complaint submission.

MTPE for the period from August 1, 2013 to July 31, 2014.

1-H Attached is a copy of the minutes of the installation of the direct deal of the claims document.

from the period August 1, 2012 to June 30, 2014.

I am attaching 15 sheets of ATTENDANCE CERTIFICATES TO MEETINGS OF
DIRECT CONTRACT to our claim document 2013-2014 held
before the Ministry of Labor with the defendant during the year 2013-2014.

1-J Attached is a copy of 04 pages of the Collective Agreement dated February 17.
2014 and I say goodbye occurs on March 28, 2014 and is for the period of
01.08.2013 al 31.07.2014.

1-K Adjunto copia de tres folios de la carta notarial de la demandada en fecha 29

January 2014.

1-L. Adjunto copia de 07 folios de nuestro sindicato le remite a la demandada el

5 de febrero 2014.

1-M. I attach a copy of 07 pages of the letter from my union sent to the ministry.
work dated February 5, 2014.

1. I attach a copy of the letter from my UNION that the appellant and others
leaders refers to the defendant dated March 12, November 2013.

1. Attached is a copy of the union letter that the appellant and other leaders
submitted to the director general of the general directorate of the ministry of labor
date November 25, 201.

1. Attached is a copy of General Director Resolution No. 03-2014/MTPE/2/14 of

January 15, 2014, with notification certificate number 10221 issued on the 14th.
January 7, 2014.

1. P- I attach a copy of the letter that I, as the secretary general, sent to the
lawsuit dated December 27, 2013.

1.Q- Attached is a copy of 11 pages containing letters sent to the defendant and
It is about the union regarding the claim of labor issues.

1. I am attaching a copy of the Disciplinary Measures manual that you sent me.
demandadajunto a la carta de cargo del 19 de marzo del 2014.

1. Attached original of the Internal Work Regulations (RIT) of the

defendant.
1. Attached is a copy of the distribution of the Internal Work Regulations (RIT) of
the defendant.

1. I am attaching a copy of 28 pages, which contains the letter sent by my union to

the company on February 10, 2014.

1.V-Adjunto copia certificada de la Constancia Policial de la ocurrencia N.º

054 dated March 27, 2014.

1. I am attaching my notarial letter of DISCHARGE number 82304 from March 24

from 2014.

1. Attached is the NOTARIAL termination letter of the DEFENDANT No. 132499

de fecha 28 de marzo de 2014

I attach 03 notarized legal letters.

1-Z Attached is the notarized copy of the resignation letter to the union from Mr.
Eduardo Ángel city Salvatierra dated March 14, 2014 Peru
recepcionado El 18 marzo 2014

1-ZA. Attached is a legalized copy of the letter from the affiliate Erasmo Elmer Taraona.

Apolinario dated March 4, 2014.

1-ZB adjunto mi demanda de homologación diabetes, así como la resolución

friendly and resolution number 12 sets the hearing for April 10, 2014.

1-ZCOFRECIMIENTO OF WITNESSES REQUESTED THE CLARIFICATION

TESTIMONIALES DEL SEÑOR JAUN RIVIERA en su condición de obrero
worker and dismissal of the defendant and what is the status of high file of
National Union of Workers of Alicorp for you to declare about the events
indicated in numeral 7.3 11 of this evidence offering regarding the
security that has been committed in the minutes of the extraordinary general assembly
National Union of Agricultural Workers facts and documents that it produces
for the strike deadline of the mentioned union

1. ZD - STATEMENT OF THE DEFENDANT requested the statement of

part of the legal representative or attorney of the defendant to observe the
questions that I asked to formulate in the corresponding hearing for the purpose
to believe that the defendant is aware that the person who drafted the
Minutes of the general assembly January 25, 2014 was the former secretary of the union
JOSE YUPANQUI has falsified some signature and altered a piece of data from the
debate moderators who communicated with the defendant being the sole responsible party
of all this among other facts of this claim.

I also say: attached number fee or charge for the admission of the claim
nor the notification certificate for being exempt under the application of the article
24 de la ley orgánica del poder judicial modificado en la ley 27320 7 esto es porque
the amount is appreciable in money whether it is an indeterminate amount we are
accommodated workers of all expenses.

OTROSÍDIGO: al Amparo del artículo 80 del código de CPP nombró y autorizó

to my lawyer Doctor RUBEN RODRIGUEZ MARTINEZ with each number 33212
to exercise and represent with the general powers granted to them by the
Law 74 expressly declared excluded from the scope of representation that
is granting ratifying as personal address as indicated in the section of
written present.

OTROSIDIGO: solicitó para el conjunto de la presentación de esta demanda no

The days of the judicial power strike are counted.

Lima 25 de marzo del 2019

 FILE: 087 3320

SPECIALIST: LIFE

NOTEBOOK: MAIN

WRITTEN: FIRST

SUMILLA: CONTESTACIÓN

HONORABLE JUDGE TENTH SPECIALIZED LABOR COURT

PERMANENT OF LIMA

ALICORP S.A.A., with R.U.C. No. 20100055237, with

domicilio real en la avenida Argentina 4783 Carmen de
the legal representative Reynoso Callao indicating procedural address at

la casilla número 722 del colegio de abogados de Lima

fourth floor of the courthouse indicating box
official electronics number 5630 duly
represented by Dr. ZENON ROMAN TORRES
identificado con DNI 405626 con domicilio en avenida
Argentina 4783 Carmen de Legua Reynoso, callao,
Callao on NULLITY OF DISMISSAL AND
REPOSICIÓNa usted densamente nos presentamos y
we say:

I. APPEARANCE:

On the cited date, I appear in the quality process as a representative endowed with
special powers of representation of the company ALICORP in the midst of the copy
legalizada del poder que se adjunta el solicitando que no tenga por comparecido y así
exercise the right of defense of my represented party.

II. PETITION:
We proceed to respond to the present lawsuit filed against our company.
which we deny and contradict in all its aspects and request that it be declared
fundamentally in all its aspects.

Consequently, we deny that the dismissal of the defendant is null and that it corresponds to him
In addition to the reinstatement, we also deny that a payment of remuneration should be ordered.

accrued and its corresponding legal interests, we also deny that the payment is due.
of costs and expenses as requested by the defendant we support our response
siguientes fundamentos de hecho y de derecho

III. FUNDAMENTALS:

1. The present action concerns the allegedly wrongful dismissal as stated by the
demandante habría afectado lo cierto es que el demandante fue despedido por haber
cometido faltas graves dos en el caso que el demandante incurriera la comisión de las
serious offenses.

2. It is the case that the defendant commits serious offenses of in

cumplimiento de las obligaciones de la buena fe laboral la inobservancia del reglamento
work internal approved by the competent authority that reviews severity and the
false information to the employer with the intention of obtaining an advantage which are
consideradas como tales de los incisos a) y d) del artículo 25 del Texto Único Ordenado
of Legislative Decree number 728 - Law on Productivity and Labor Compatibility
approved by D.S. No. 003 97 TR

3. The plaintiff incurred in the mentioned grounds for dismissal, due to the fact that on the date 10

from February 2014, in his capacity as leader of the National Workers' Union
Alicopr S.A.A. from the communication of the knowledge of the company that has been agreed
in the general assembly held on January 25, 2014, the carrying out of a strike
indefinida la cual se iniciaría en 19 de febrero del 2014. En dicha comunicación el
claimant requests a copy of the minutes of the general assembly dated January 25, 2014 declaration

sworn on 10 02 2014 through which the members of the board of directors among the
the plaintiff declares under oath that the decision to resort to the
the strike would have been strictly opted for in the manner indicated by the union statutes
which according to the testimonies of the workers said general assembly of the
sindicato no se había realizado.
4. Indeed, as we learned from the letters sent by the various
workers the mentioned general meeting dated 25 01 14 has not been held due to the
that the plaintiff presented false information to the company, we state that the
The mentioned workers indicate that on the occasion (25 01 2014) there was no type of
assembly that they only signed for attendance and that one of them was asked if
Whether or not he was in agreement with the strike, we will now detail the facts.
events.

5. five as part of the collective bargaining process you had a company

national church workers union hereinafter union presents the police
of the general state and general secretary LUIS ALBERTO CISNERO BELLONA and
Secretary of Defense Esteban Guevara Flores by letter dated 10.02.2014
informed the company that at the general assembly held on 25.01.14 there had
the comedian reached a show of hands vote for the implementation of a strike
undefined.

In that house, the aforementioned leaders gathered a copy of the general assembly minutes.
del sindicato nacional de trabajadores de fecha 25.01.04 en dónde está de acuerdo el
acuerdo de huelga y la votación de mano alzada de la misma asimismo en dicha ocasión
to join the sworn statement dated 10.02.14 through which 16 leaders of
the union declared under oath that the decision to carry out an indefinite strike
It was adopted at the general assembly of our union held on January 25, 2004.
compliance with the provisions contained in our bylaws and by vote
approval of 210 workers affiliated from a total of 261 that make up the union
it also caused the attendance roster for the general assembly to be gathered
extraordinaria el 25 de enero 2014 que supuestamente habría sido firmado por los
workers.

7. We emphasize that the submission of these documents to our company

as the General Directorate of Labor of the Ministry of Labor carried it out, the board
directive of the national union of workers of Alicorp S.A.A. whose members was the
plaintiff in order to comply with the provision of article 73 of the Unified Text Ordered
from the Law on collective labor relations, approved on 10-2003 TR consistent
with article 65 of D.S. 11-92-TR Regulation of the Collective Labor Relations Law
work which determines that for the declaration of the strike it requires among others
legal requirements: 1) That the decision to strike is adopted formally and expressly
determine the statutes 2) That a copy be provided to the employer and the labor authority
of the assembly minutes and the sworn declaration of the board of directors of the union in which
express that the decision has been made complying with the requirement of form that
they expressly determine the statutes we also declare that article 65 of
the union statutes state that the strike must be adopted by 2/3 of the
workers affiliated with we gather the union statute.

8. It is the case that upon receiving the communication and documentation as they were ours
rights the company received in detail the documents attached to it in order to
determine if the requirements indicated by were met to make the decision to
to attend the strike

The review aimed to verify that a group of workers allegedly assisted.

from the assembly were on medical leave which created the need to start
the internal research initially referred to determining how a group of
workers apparently unable to shake it off to work due to temporary physical incapacity
if they had the ability to go to a high-ranking union official.

10 As a result of the initiated investigation procedure, we obtained various

demonstrations from the employees who were on medical leave one
he expressed extremely concerning facts regarding the lack of participation of
no assembly and the fact that they claim about the accused worker had been falsified
for which there would not have been a serious offense that would determine the termination of the relationship

labor relations in workers of CHUQUIZUTA CABRERA stated that he had not attended
to the general assembly of the union and that it did not recognize the signature of this response
copy of the letter sent by Mr. ELDER CHUQUIZUTA CABRERA.

11. By virtue of the above, the company continued with the internal investigation extending
the inquiries those workers who on the date when it was supposedly opened
The assemblies were enjoying their vacation break.

12 Just like in the previous case, we were bewildered by the responses in the sense of
some workers who were on vacation had not participated in the
assembly and that their signatures had been forged in this regard the
gentlemen ERASMO ELMER TARAZÓNA APOLINÁRIO AND ÓSCAR ALEXANDER
OLIVOS EXHIBITED whose letter we gathered and those who declared that the signature that

I appreciated in the attendance roster of the assembly in which he was listed as director of
debates and voters their because they had not attended the general assembly on the 25
January 2014.

Afterward, we received two new communications that we present again.

in an even more convincing way that there had been very serious irregularities
relates to the holding of the aforementioned general assembly.

14 One of them is the statement of the former worker EDHEMIR AYALA MEDINA who
he claimed that there had been forgery of the signatures of the assembly attendees
and also points out that being their exclusive representative was the reason for the union
to the company where the union ratified a certificate of counterfeiting and that Mr.
EDHEMIR AYALA MEDINA had taken on his total and exclusive responsibility of
such facts

15 Given the above, the company took to heart the need to initiate the
investigation procedure helps to detect who all were really.
the responsible parties and, more importantly, define whether a meeting was held.

16 They communicated to all workers who were present

quality of active workers (namely that he was not on medical leave and
vacational) had signed the minutes of the assembly in order to define whether they had participated
similarly new letters were sent to the workers who were on medical leave and
On vacation in all these places, specific questions were asked for the purpose of the
truth of the facts related to the supposed assembly relationship of January 25
from 2014

17. The response to such letters ended up confirming three very serious conclusions:

a) That there was no assembly on January 25, 2014, nor any type of meeting.

b) That the forgery of signatures of numerous affiliated workers was produced

unions.

c) That there was no voting by a show of hands (that is, all at once) and much less were there
achieved the assumption with a strike to go on.

18. Thus, several workers responded to the crossed letters declaring some cases.
that on January 25, 2014 there was never any assembly or meeting of any kind, but rather it was
I had only requested to sign an attendance register, which was even completed.
with forged signatures according to statements from many members, we attach the letter of
the workers who have stated that there was never an assembly on the date 25 01.14.

19. We also attach the letter submitted by the worker Eduardo Ángel city
Salvatierra indicates that the letter he initially presented to the company in which
It stated that it had been styled to the general assembly dated January 25, 2014, it is not of

agreement with the reality of the facts by the mentioned worker Eduardo Ángel
Salvatierra never attended the meeting because he was working that day.

In another case, the workers specified that they had never participated in the said.
assembly or any type of meeting and they reported that their signatures had been
falsified.

21. In addition to all the above, we received a communication for Mr. RODOLFO.
MIGUEL MENDOZA GALLARDO through which said person referred that the
response letter (in which I initially indicated that the assembly had not been held)
it was in accordance with the facts as signed by that person mentioned here
induced and pressured to lie

In that letter, the worker RODOLFO MIGUEL MENDOZA GALLARDO expresses

First of all, I have to mention that the response letter I have...
March 10, 2014 does not align with the reality of the facts, and he and the delivery
because I was lucid and pressured by doctor JOSÉ PALACIOS ROMERO lawyer of
union to fail to tell the truth by writing the letter that the same lawyer Doctor José
Palacios helped me, and that I already had it prepared.

I must reiterate that the letter that Mr. José Palacios Romero had me sign does not express
the truth about the facts for which I want to stress the following:

22 Likewise, we have similar cases of Mr. TOMAS ORELLANA

FRANCE and LUIS GUILLERMO TALAVERA FLORES in which
they stated that they were induced and pressured to lie in those letters
express the following:

TOMÁS ORELLANA FRANCIA: I present the following; the letter that you manage with
date March 12, 2014, does not align with what really happened I had to
to deliver it exactly as it was written by Dr. José Payaso Romero, who is the lawyer of
the union of which I was a part until recently.
It is then that I reiterated that the letter I was made to sign is not in accordance with how

the events happened and then the only truth the following.

LUIS GUILLERMO TALAVERA FLORES”con lo cual agradeceré que se tome

As my official testimony, this virtual letter is my response dated March 10, 2014 already.
that does not correspond to the reality of the facts and this letter was drafted by the
union lawyer in which I only participated by giving my work shift that day and the
time when I went to sign the registry.

23. de igual forma el trabajador GIESSY DANIEL LUQUE ASPAJO con carta de fecha
March 26, 2014 ratifies its first letter dated March 12, 2014

24. Therefore, it is evident that they make up the written testimonies of the
workers, the assembly or meeting had not taken place, that the forgery occurred
of the company of numerous workers affiliated with the union and that there was no voting at
hand raised (that is, everyone at once) and much less had they achieved the supposed quorum
to go on strike.

25. Therefore, we need that upon seeing the documents written and presented (i) Letter of
date February 10, 2014 presented by the national workers' union of
ALICORP S.A.A the company for which they communicate that it has been agreed in assembly

general held on January 25, 2014, the implementation of an indefinite strike which is
iniciaría el día 19 febrero 2014 y acta de asamblea general de fecha 25 01 14 y y lo
sworn statement dated 10 02 2014 and in that way intends to make of the company that
the indicated general assembly would have taken place which is not necessary according to
indicate the workers demanding an email for the failure to comply with their obligations
what it means to assume good faith labor settlement.

26. That is to say, by having submitted documents from the unions to the company
plaintiff attack against the duty of good faith and against the principles of loyalty
honesty, transparency, integrity that must exist in every work relationship
the serious offense mentioned.

27. Likewise, we need to clarify that we have subscribed to the presented...

claimant the mentioned documents and in this way intends the series to believe in the
The company that is indicated, the assembly would have taken place, which is not true according to...

indicates the workers the claimant also committed a serious breach of compliance with
internal work regulations approved by the competent authority that carry weight
Well, in article 2 section b of our internal work regulations, it is stated that you
has the obligation to provide truthful information at all times to its
superiors and all members of the organization.

28. Lastly, we need the petitioner to have signed and submitted it.
document and in that way it intends to make believe that the company indicated it as an assembly
It would have been carried out as indicated by the workers, which is not true.
the claimant has also suffered from the serious offense of presenting false information to
employer with the intention of gaining an advantage as we reiterate that the own
Workers have indicated that the assembly on January 25, 2014, never took place.

29. We present that the false information regarding the plaintiff was about the company.
to gain the advantage of reaching the necessary quorum indicated by the law for the
approval of a strike agreement and that the strike was declared
proceeding from the administrative labor authority and therefore will enjoy protection
constitutional and legal tool that would have been used to achieve a superior increase
offered by the company as indicated by the claimant in his letter of
date February 10, 2014.

30. Therefore, the truth is that the plaintiff was dismissed for having incurred in the
commission of the serious offense of non-compliance with the work obligations that entails
the breach of good faith in employment, the non-observance of the internal regulations of
work approved by the competent authority that is serious and provides
false information to the employer with the intention of gaining an advantage which are
just causes for dismissal considered as such in the sections of article 25 of the text
unique order of legislative decree number 728 law of productivity and compatibility
labor approved by number 003 97- TR.

31 Regarding the topic of the request procedure, we must express that the company
by means of a letter dated March 19, 2014, he sent you his letter of charges in that
on occasion company I attach the corresponding evidence so that the plaintiff
exercise your right to defense.

32 By the letter dated March 24, 2014, received by the company on March 25
In 2014, the claimant exercised their right to defense and rebuttal.
33 Whenever the explanations provided by the complainant in their charge do not
were satisfactory and did not distort the reasons for dismissal attributed to us
The company never charged him; by letter dated March 28, 2014, it proceeded to dismiss him.
for the same reasons that were the subject of the charge letter.

34 We make president that the termination procedure of the claimant was fulfilled
law and the provisions in the internal work regulations of our company ensuring the
exercise of your right to defense 3535 thus in the dismissal of the claimant nothing has
had to see his condition as secretary general of the union activities he could
having filed as well as the claims made against the company
Well, the only reason for his dismissal was having committed the serious offenses charged.
With reference to what the claimant has expressed in their claim, we proceed to indicate the
The following 37 37 regarding the request, we deny that a null dismissal has occurred.

38 Regarding the grounds for a dismissal to be considered null that you mention in
from the plaintiff we must assert the following:

39. Firstly, regarding the cause of subsection a of Article 29 of the DECREE

LEGISLATIVE 728 LAW OF PRODUCTIVITY AND COMPATIBILITY
LABORAL we must indicate that it is totally false that the dismissal was motivated
to the union affiliation to participation in union activities we credit this
assertion simulation with the fact that it is approved it is proven that the dismissal of
The claimant was motivated by the serious offenses committed and must also be taken into account.
It states that the defendant and the plaintiff have been members of the union for many years.

years for which there is no relationship between their affiliation or the performance of activities
union-related and their dismissal

40. En segundo lugar con relación a la causal de inciso b) del artículo 29 delDECRETO
LEGISLATIVE 728 PRODUCTIVITY AND COMPATIBILITY LAW
LABORALdebemos indicar que es totalmente falso que el despido se haya motivado a
be a candidate to be candidates for representatives of the workers to carry out or have
acting in that capacity regarding we indicate that the dismissal of the plaintiff was motivated
to the commission of serious offenses signed

41. Thirdly, regarding the cause of paragraph c of article 29 of the DECREE

LEGISLATIVE 728 LAW ON PRODUCTIVITY AND LABOR ACCOUNTING
We must indicate that it is completely false that the dismissal was motivated by presenting.
a complaint or to participate in a process against the employer before the competent authorities
since the plaintiff has not filed a complaint against our company and the majority of
The judicial processes are concluded or are in the process of conclusion on the other hand.
both in common legal proceedings completed by the plaintiff
has had all the legal guarantees to process their case likewise it must be noted
It is present that all processes date back many years, so it has no relation.
Some with the dismissal of the plaintiff we must finally reach that in none
in this way, the judicial process has been conducted based on the attitudes or behaviors of the employer

that evidence the purpose of arbitrarily preventing claims from the plaintiff

42. Indeed, the proceedings followed under file (I) No. 020 83 - 2011 - 02 - 07 01
JR CI -01 Callao National Union of Workers Alicorp is still in operation as of today.
counting on it failed somehow and also crediting this process has no relation to
the dismissal of the plaintiff (II) file No. 17492 2011–0-1801 - JR CI:02 Callao
national workers union to the resolution of our appeal for having the
first instance ruling error of fact and of law

43. Claimants who have been dismissed for notifying union activities have also arrived.
that article 59 of the internal work regulations has been violated.

44. He also denied that the plaintiff was sanctioned with two simultaneous actions.
We also say that article 59 of the internal work regulations has been violated.

45. Regarding point 5.1 of the factual grounds of the defendant related
In the plaintiff's employment situation, we must indicate what is stated in their
The settlement of social benefits, a copy of which is attached, reflects the employment situation that

had with company our company date of start date of that of that canceled days
during the time the plaintiff was exempt from attending work last
basic etc.

46. Regarding all the numerals and letters of point 5.2 of the foundations of
facts of the complaint let's say that the dismissal was motivated by union activity
the plaintiff was because he did not resign from the union or retract regarding his
the given version about the general assembly, the truth is that the plaintiff said goodbye for
having committed serious offenses.
47. Regarding all the minerals and literary references in point 53 of the foundations of
Regarding the defendant, we must indicate that our company has been respectful of
procedure provided for in the internal work regulations law

48. Regarding the disciplinary committee, we have attached the signed minutes that certify the
the constitution provides for the mentioned committee with the indication that the charges letters and

The dismissal has been signed by members of the disciplinary committee, therefore the
The questions posed by the plaintiff are completely irrelevant.

49. Regarding point 532 of the factual grounds of the claim, we must
indicate that the termination of the claimant was not late since the prior process of
the dismissal was made when the investigations regarding the case were completed
of the claimant therefore have not been the dates mentioned by the
the claimants are not the correct ones.

50. Regarding point 5.3.3 of the factual grounds of the defendant, we must
It is not true that the dismissed worker was given two actions.
simultaneous since according to what we are in the only penalty for the serious offense was
his dismissal. He was never suspended for this fact.

51. Regarding the payment for the days spent on the preliminary process leading up to the dismissal.

of the plaintiff as we prove with the charge letter he was suspended if not
during the selected period of their obligation to attend the workplace, paying
the remuneration and other benefits corresponding in the settlement for time of
services which through delivery demand documents before depositing according to
a lo dispuesto en el artículo 31 del DECRETO LEGISLATIVO 728 LEY DE
PRODUCTIVITY AND LABOR COMPATIBILITY approved by DS 003-97-
TR

52. Regarding all the items and letters of point 5.4 of the fundamentals of
fact of the demand we must reiterate that the dismissal of the plaintiff was due to the
serious misconduct commission on the matter, we reiterate the previous points in the
which details the serious offenses included in this regard we must point out that according to
The statutes of the national union of workers of article 10 are found as
the governing body is the general assembly and not the meeting of the meeting which is composed of
For its formation, it will only be done by raising the hand, so they are false of such.
affirmations.
53. Regarding point 5.5 of the factual grounds of the complaint that you did not
The claimant is entitled to accessory withholdings since there was no dismissal.
null but a dismissal motivated by the serious faults committed by the claimant.

54. Regarding the letter dated June 11, 2014, we reiterate that what was stated is false.
by the plaintiff, the present lawsuit should be declared unfounded in its due
opportunity.

IV. LEGAL BASIS:

1. Items a) and b) of article 25 of the Consolidated Text of the Decree

Legislative No. 728 of the Law of Productivity and Labor Compatibility approved by the
number 003 97 TR determines that serious violations are the fulfillment of obligations
the internal work regulations are approved the false information of the
intention to gain an advantage which are just causes for dismissal.

2. Article 31 of Legislative Decree 728 Law on Productivity and Competitiveness

Labor approved by D.S.003 97-TR in which it is determined that the employer
can exempt the worker during the pre-dismissal process from their obligation to
attending the workplace while gaining the corresponding benefit relationship.

V. PROCEDURAL WAY

Summary labor process regulated by clause 2 of article 2 of law 29497.

VI. WE OFFER EVIDENCE

We offer the following documents as evidence:

1 The merit of the charge case dated March 19, 2014, which aims to
to believe that the serious faults attributed to us by the plaintiff were committed.

By virtue of the letter dated March 24, 2014, which aims to certify
that the plaintiff exercises their right to defense.

3. In the middle of the dismissal letter dated March 28, 2014, which has the purpose
that the plaintiff was dismissed, the dismissal procedure is established.
for labor regulations

In merit of the letter written by the national workers' union dated 10 02

from 2014 and its annexes (one of which is the attendance pattern of the sworn declaration
dated 10.02.2014) whereby they communicated to us their intention to carry out a strike
and that they had reached the colon by means of a show of hands, said document has
the purpose of accrediting that the complainant had a serious offense with which it had a
advantage of reaching the necessary quorum that indicates the elevation of a fourth deadline of
strike likewise that the strike was declared valid by the administrative authority
of work and therefore will enjoy constitutional and legal protection, a tool that they would have
used to achieve an increase higher than that offered by the company as indicated by the
claimant in their letter dated February 10, 2014 also that the supposed assembly
General on 25 01 2014 was held at the venue located at Avenida 1 de Mayo 235
Carmen de lengua Reynoso callao.

5. The merit of the national workers' union statute of ALICORP SAA.

the purpose of proving that the extraordinary general assembly was not held for the
strike the same as in article 74 of the union statute and the strike must be adopted
with 2% of the workers associated in voting last week the same as in the
Article 10 of the following is the governing body of the general assembly meeting.
same that is subject to certain formalities for its formation as well as the voting
It will only be done by raising the hand.

6 The merit of the letters from the following workers (1) Óscar Alexander Olivos
exceeded (2) mountainous ideas Apolinário (3) red Soto Guevara (4) Eugenio Alejandro
Trujillo flowers (5) Mario Alexander Girón Sánchez (6) Luis Fajardo of the (7) Alexander
Bazán Vega (8) by Donato Villanueva Jaramillo (9) Eduardo Ángel city Salvatierra
(10) Rodolfo Miguel Mendoza Gallardo Tomás Orellana Francia (12) Luis Guillermo
Talavera flowers (13) Chuquizuta Cabrera and (14) - Daniel Luque mirror said letters have
the purpose of certifying that the extraordinary general assembly of date 25 did not take place
of January 2014 tests the mistakes made by the plaintiff

7 From the letter sent by Mr. Adhemir Ayala Medina and the letter used by the union
The workers of this document have a purpose of the budget January 25, 2014.

8. By virtue of the minutes of the disciplinary committee, this document has a purpose.
believes that this committee was established in accordance with the medicinal manual
and they certify that due process was respected in the disciplinary procedure of
claimant.
9. The merit of the (i) severance payment for the claimant, (ii) the defendant
of the complete delivery document (iii) The admitting order commissioner of
Cited process (iv) the resolution 2 subsequently before the first labor peace court judge
from the Court of Justice of Callao under file No. 01007 -2014 -0-0701 JP- LA- 01
and report of experience obtained from CJ this document aims to certify
that the claimant refused to receive their social benefits, the deposit was proceeded with.
judicial as well as that the days he had generated to attend are being canceled
work center for being generated to assist in the work and that said demand was
accepted for processing the same that was declared for canceling effects the payment of their
social benefits.

10 The doctor of the internal work regulations, this document is intended to

to credit the faults committed by the claimant

11 in merit of receipt of internal work regulations received by the

the claimant said document aims to certify that the claimant was aware
your obligations as an employee in our company.

12 in merit of the payment slips for the plaintiff's remuneration During the
first months after the disaffiliation of the national union of agricultural workers from
many years ago

13. It is the merit of the judicial power report regarding the process indicated in the union
national agricultural workers in our company and another according to the following detail:

File No. 02083-2011-0-0701-JR-CI-01 Callao national union of

workers OF ALICORP S.A.A).
This document aims to certify that the mentioned process to the
date continues to circulate, without any failure
and it has no relation whatsoever to the dismissal of the claimant and also proves
that said process has no relation whatsoever to the dismissal of the claimant.

14 The merit of the report from the judiciary and resolution that is in the CEJ regarding the
process initiated in the national union of workers of Alicorp S.A.A. resolution No.
6 that admits the appeal for reconsideration in the Amparo process of showcases
union
 this document aims to certify that the mentioned process to
date continues turn without a firm ruling and also proves that such process does not have
any relation to the dismissal of the plaintiff.

15. By virtue of reports from the judiciary and resolutions (judgments) that are in the CJ
regarding the process indicated for our company, the following details:

File number 00300-2014-0-0701-JR LA-03 Callao (Adhemir Ayala Medina), record

of the record of a single hearing that contains the celebration of the single hearing in the
replacement process of our counter.

The purpose of this document is to certify that the mentioned person has interest.
directly in the present process, therefore he cannot be a witness.

16. The merit of the testimonial declaration Alejandro Flores, worker of our company
whose purpose is to prove that the claimants committed the labor misconduct in question.
of the present process

The merit of the statement by the plaintiff whose purpose is to prove that the
the claimant committed the serious offense charged

VII.- ANNEX:

The following is attached as an annex to this response:

we attach the following as annexes to this response:

1-A The copy of the R.U.C. of our company.

The legalized copy of the power of attorney of the legal representative of our company.

1-C The copy of the identity document of our legal representative of our
company.

1-D Certified copy of the charge letter dated March 19, 2014.

1-E Legalized copy of the letter of defense dated March 24, 2014.

1-F Legalized copy of the dismissal letter dated March 28, 2014.

1-G Legalized copy of the letter signed by the National Workers' Union
from ALICORP dated 10.02.2014 and its annexes.
1-H Copy of the statute of the National Union of Workers of ALICORP S.A.A.

1-I Copy of the letters of the following workers: (1) Oscar Alexander Olivos
Exebio, (2) Erasmo Elmer Tarazona Apolinario, (3) Roger Soto Guevara, (4)
Eugenio Alejandro Trujillo Flores, (5) Mario Alexandre Girón Sanchez, (6) Luis
Pajardo de la Cruz, (7) Alexander Bazan Vega, (8) Fortunato Villanueva
Jaramillo, (9) Eduardo Angel Ciudad Salvatierra, (10) Rodolfo Miguel Mendoza
Gallardo, (11) Tomas Orellana Francia, (12) Luis Guillermo Talavera Flores, (13)
Elder Chuquizuta Cabrera and (14) Giezi Daniel Luque Espejo.

1-J Copy of the letter sent by Mr. Adhemir Ayala Medina and the letter sent by
the Union of Workers of Alicorp S.A.A.

1-K Certified copy of the minutes of the Disciplinary Committee corresponding to

plaintiff.

1-L Copy of the settlement for the claimant's service time, the demand of
delivery of document, the admission order, resolution No. 02 of the cited process
followed before the First Labor Peace Court of the Superior Court of
Callao Justice, under file No. 01007-2014-0-0701-JP-LA-01 and report
from the file obtained from the CEJ.

1-M Internal Work Regulations of our company.

1-N Legalized copy of the delivery receipt of the Internal Work Regulations, received
by the plaintiff.

1-Payroll receipts of the plaintiff's compensation during the first months

after his affiliation with the National Union of Workers of ALICORP S.A.A.

1-A copy of the report from the Judiciary Power of the CEJ regarding the process initiated by the

National Workers' Union of ALICORP S.A.A., against our company

and others, under Case No. 02083-2011-0-0701-JR-CI-C1.

1-P Copy of the report from the Judicial Power and Resolutions held in the CEJ regarding
of the process initiated by the National Union of Workers of ALICORP
S.A.A., against our company, under Case No. 17492-2011-0-1801-JR-CI-
02–Callao.
1-Q Copy of the report from the Judiciary and resolutions that are held in the CEJ regarding
of the process initiated by Adhemir Ayala Medina against our company, under the
File No. 00300-2014-0-0701-JR-LA-03–Callao.

THEREFORE, we ask you, madam judge, to consider the lawsuit regarding life to be answered.
should declare unfounded opportunity.

OTHER CODE: under the protection of article 80 of the CPP code, I appointed and authorized my

lawyer doctor RONALDO GABRIEL GOMEZ SALVATIERRA with each number

32030 for them to exercise and represent with the general powers conferred upon them by the
law 74 expressly declared excluded from the scope of the representation that is
granting and ratifying as personal domicile indicated in the section of the present
written.

ANOTHER IF WE SAY we fulfill the formalities to attach it regarding the tariff

judicial for the purpose of offering evidence and notification certificate.

Callao, 06 de noviembre del 2019

____________________ __________________________

Lawyer No. 4904.