Aldo Miyashiro and Oscar del Portal: Is it legal to be fired for a case of infidelity?

Aldo Miyashiro and Oscar del Portal are already feeling the consequences of having been with Fiorella Fértiz and Fiorella Méndez in the sports journalist's department. Both have lost their jobs overnight and, although América Televisión has not clarified whether they have been fired, the truth is that neither continues to host their respective programs.

In his public release, the remembered Caradura of the miniseries Misterio announced that he would take a few days off because he did not have “the strength to make a program or submit a note”. For his part, Oscar del Portal simply did not appear on the sports block of América Deportes, being replaced by Erick Osores. He is presumed to be in Punta Cana arranging his family affairs.

Fiorella Retiz, the sports journalist who was caught kissing Miyashiro, was fired from the VIVA TV program “Click” after the ampay broadcast by Magaly Medina. This led users to compare the case of drivers and 'Fiorellas' with what happened with Melissa Paredes, who was also removed from America Today after being captured with Anthony Aranda. But is it legal for a company to fire its workers for an ampay?

EXPERTS SPEAK

The specialists of the Mendoza Malpartida & Asociados study pointed out daily Correo that infidelity “is not a ground for dismissal nor is it a sanction”, since it is a private matter for each worker and this does not directly affect the company, as long as the performance of the hired person continues being the same.

“The issue of infidelity is a ground that has consequences in the purely civil sphere, it can be a ground for divorce, but it does not have interference in the workplace, and that is logical because obviously infidelity in itself is within the intimate or personal sphere of the human being and that it involves his marital relations rather than labor relations”, they said.

However, the specialists pointed out that the picture changes when the contract indicates that an extramarital relationship is grounds for dismissal. If the television figures have signed to agree with it, then their withdrawal is possible because it “indirectly impacts disadvantageously the company and its image”.

Let us remember that América Televisión is suspicious of the projection of its stars, since they are the image of the channel's advertisers and have, in most cases, juicy contracts in between.

USERS DEMAND THEIR DISMISSAL

“The same thing is going to happen to Miyashiro and Del Portal as Melissa Paredes, right? Chau from the program, right?” , one Twitter user wrote when Magaly Medina broadcast the compromising ampay of the hosts of América Televisión. This request was joined by other Internet users, who asked for a respective sanction or, in any case, their definitive withdrawal from the small screen.

Some specialists even assured that the Pachacamac channel had an obligation to dismiss its figures, taking into account the infidelity committed and not the gender, influences, economic level or professional trajectory of those involved.

“If the authors were them (Miyashiro and the Portal), coming from the same channel, apply the same criteria that was followed with Melissa Paredes. The defense of values should not have gender, contacts, or wallet”, says the comment by lawyer Oscar Naupari.

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