Labor Law in Venezuela: Understanding Procedures, Conflicts, and Judicial Framework
ITEM 1. Introduction to Procedural Labor Law
We must understand this issue, the general outlines of an adjective that guides the sound administration of justice work, both in court and in administrative matters. The purpose of this law is to avoid delays in the process and prevent the causes that are aired before organs administering justice from suffering other forms of dissatisfaction with the protected right, such as delays, and can therefore provide the litigant with a timely and expeditious process.
1.1. Definition of Procedural Labor Law
Table I.1. Procedural Labor Law
Author | Definition |
Rodriguez Diaz, Isaias. (1995) | It is an instrument that embodies the substantive law of a definitive work for maintaining order in the difficult relations between employers and employees. |
From its conception to its importance, it is argued that labor law is the social branch of law, given the eminently social interests or protection safeguards: the life, health, development, education, housing, and ultimately the families, would be severely impacted by the absence of such protection.
Some authors, such as Isaias Rodriguez (1995), assert that labor disputes are cheaper than legal. In that perspective, this branch seeks to balance the substantive and adjective inequalities that arise from worker-employer relations.
Thus, procedural labor law is perceived as an instrument to realize substantial labor law, maintaining the legal and economic order in the disputes that arise between Capital (Employer) and work (worker).
1.2. Autonomy of Procedural Labor Law and Jurisdiction of Labor Specialty
According to LOPT Art. 1 and Art. 13, labor law establishes an adjective employment tribunal that is independent, specialized, and autonomous, giving the tribunals the power to hear only those contentious issues that may arise due to the fact of labor. Also, the autonomy and independence of the labor courts are guaranteed by the Chamber of Cassation of the Supreme Court of Justice with subject matter jurisdiction in labor problems.
Article 1 LOPT
This Law shall guarantee the protection of workers as provided in the Constitution of the Bolivarian Republic of Venezuela and the laws and the operation, for workers and employers, of an employment tribunal that is independent, impartial, and specialized.
This Law shall guarantee the protection of workers as provided in the Constitution of the Bolivarian Republic of Venezuela and the laws and the operation, for workers and employers, of an employment tribunal that is independent, impartial, and specialized.
Followed by this article, and in relation to the employment tribunal, is Article 13 LOPT.
Article 13 LOPT
Labor jurisdiction is exercised by the courts of Labor in accordance with the provisions of this Act.
Labor jurisdiction is exercised by the courts of Labor in accordance with the provisions of this Act.
Indeed, Labor Procedural Law comes to an autonomy together with the principles that characterize it, such as the social content of its legal nature. Against the commitment to maintain the legal balance, the intrinsic goal of procedural law, procedural law in the work, that function is more marked, leveling due to the economic and social differences of the litigants, which in itself causes inequalities in conditions for defense and attack. This particular law had to balance.
Commenting on this special branch of law, the master Piero Calamandrei in 1945 reads as follows:
“Actually, if legal science is not to be sterile, as perhaps seems to be about to fall into a solvent and fragmentary formalism, and if each lawyer must, as you do in your field, help to restore the sense of the world unity and the need of law, students must have the courage to think of the process pure, abstracted from the substance of the dispute in the same debate.”
ITEM 2. Conflicts and Judicial and Administrative Organization of Labor
In this theme, definitions of the administrative organization of work are presented, developing their roles and administrative bodies of work, being informed by their respective articles.
Under this framework of ideas, Article 586 of the Labor Act provides that compliance with the administrative side of law and other relevant provisions is for the Ministry of Labor.
Article 586 LOPT
Compliance with the administrative part of this Law and other relevant provisions shall be the Ministry to take charge of the branch of Labor, which has the following functions:
a) To implement and enforce the provisions of this Act and other labor laws and regulations;
b) To collect the information necessary for the intervention of the State for Work and for the reform of laws and regulations, taking into account the lessons learned from their experimentation and new guidelines to be incorporated into the teaching and Labor Law;
c) To participate in the development of plans related to employment, wages, and, in general, with the country’s social development, to bring forward to the National Executive;
d) To present draft laws on Labor and Social Security; and
e) To encourage the improvement of living and working conditions of workers and their families and the use of leisure time and take the initiatives and actions that might be pertinent.
Compliance with the administrative part of this Law and other relevant provisions shall be the Ministry to take charge of the branch of Labor, which has the following functions:
a) To implement and enforce the provisions of this Act and other labor laws and regulations;
b) To collect the information necessary for the intervention of the State for Work and for the reform of laws and regulations, taking into account the lessons learned from their experimentation and new guidelines to be incorporated into the teaching and Labor Law;
c) To participate in the development of plans related to employment, wages, and, in general, with the country’s social development, to bring forward to the National Executive;
d) To present draft laws on Labor and Social Security; and
e) To encourage the improvement of living and working conditions of workers and their families and the use of leisure time and take the initiatives and actions that might be pertinent.
In the administrative organization, a labor inspectorate is performed, since, according to Articles 588 and 589 of the LOT, there will be a Labor Inspectorate in each state with various functions.
Article 588 LOPT
In the Federal District, States, and Federal Territories shall be, at least, a Labor Inspectorate, under the ministry. For special circumstances, the territorial jurisdiction of an Inspector may be extended to an area immediately adjacent to that of another entity in which it is situated.
In the Federal District, States, and Federal Territories shall be, at least, a Labor Inspectorate, under the ministry. For special circumstances, the territorial jurisdiction of an Inspector may be extended to an area immediately adjacent to that of another entity in which it is situated.
After Article 588, Article 589 of the LOT is displayed, where you can appreciate the functions of the Inspectorate of Labor.
Article 589 LOPT
Labor Inspectorates shall have the following functions:
a) Ensuring compliance with the provisions of this Act and its regulations within the territorial jurisdiction has been applied.
b) To collect data for the census work, by registration and registration of unions and their members through the land of the unemployed in their jurisdiction.
c) To intervene in conciliation and arbitration in cases determined by this Law.
d) To appoint special commissioners, permanent or occasional, to collect data on any kind of economic affairs and social order arising in the territory of its jurisdiction and to execute the instructions to report the Inspector.
The appointment of commissioners shall consult the ministry.
Labor Inspectorates shall have the following functions:
a) Ensuring compliance with the provisions of this Act and its regulations within the territorial jurisdiction has been applied.
b) To collect data for the census work, by registration and registration of unions and their members through the land of the unemployed in their jurisdiction.
c) To intervene in conciliation and arbitration in cases determined by this Law.
d) To appoint special commissioners, permanent or occasional, to collect data on any kind of economic affairs and social order arising in the territory of its jurisdiction and to execute the instructions to report the Inspector.
The appointment of commissioners shall consult the ministry.
2.1. The Labor Management Organization
Under this thinking, there are other administrative bodies of work, such as:
- National Institute for Prevention, Health, and Safety at Work (INPSASEL)
- Regional Health Workers (DIRESAT)
The latter two institutions are governed in their actions not only by the Labor Act but in a special way by the Organic Law on Prevention and Environment Conditions of Labor (LOPCYMAT), the Regulation of the Act, and their respective technical standards.
2.2. Judicial Labor Organization
What matters for the judicial organization is comprised of labor tribunals to be organized in each judicial circuit. These Labor Courts are:
Labor courts before it, at first instance.
Superior Labor Court on appeal they know.
Supreme Court of Justice, Social Cassation Chamber (Special Court Work. Fourth Transitional Provision of CRBV-Art. 1 LOPT).
Article 1 LOPT
This Law shall guarantee the protection of workers as provided in the Constitution of the Bolivarian Republic of Venezuela and the laws and the operation, for workers and employers, of an employment tribunal that is independent, impartial, and specialized. Sole Paragraph: The designation of the masculine, is in the provisions of this Act, a generic sense, always referred, equally to men and women.
This Law shall guarantee the protection of workers as provided in the Constitution of the Bolivarian Republic of Venezuela and the laws and the operation, for workers and employers, of an employment tribunal that is independent, impartial, and specialized. Sole Paragraph: The designation of the masculine, is in the provisions of this Act, a generic sense, always referred, equally to men and women.
Article 13 of the Procedural Labor Act provides that employment is exercised in the jurisdiction of the Instance circuit, as the Circuit Court is organized into two levels, as illustrated in Graph I.4.
Article 13 LOPT
Labor jurisdiction is exercised by the courts of Labor in accordance with the provisions of this Act.
Labor jurisdiction is exercised by the courts of Labor in accordance with the provisions of this Act.
The Circuit Court is organized in two (02) instances. These are courts of first instance and courts of appeal, which are further developed in Table I.2. Explanation follows:
Table I.2 Judicial Circuit
INSTANCES OF THE JUDICIAL CIRCUIT | |
Labor Courts that hear in first instance: | Courts to meet in Second Instance: |
Responsible for the initial phase of the trial, in part mediating and conciliating conflicting and controversial positions of the parties, and the trial phase, in case of failure to achieve reconciliation between the disputants. These are one-person, consisting of a judge and a secretary, both legal professionals, and know the stages referred to, in accordance with the provisions of Article 15 and following of the Labor Law and Organizational Structure. | It states that they are collegial, consisting of 3 judges and a registrar of the court consisting of one-person business or a judge and a secretary, all legal practitioners. In practice, there are only one-person Superior Courts. |
2.2.1. The Labor Courts have a Secretary, with the following requirements
A histogram or frequency histogram is a univariate frequency diagram in which rises in the horizontal axis segments, rectangles that have:
Venezuelan, be of legal age, and an advocate, who shall be appointed or removed in such form and manner prescribed by law.
The duties of Secretaries of the Labor Court are established in Articles 21 and 22 of the LOPT.
Article 21 LOPT
The duties of the Secretaries of Labor Courts:
- Directing the Secretary, in accordance with provisions in the court.
2. Receive and approve the applications and exhibits, which measures or written, made by the parties and the documents that they file.
3. Issue certified copies which must be in court and with the written consent of the judge, the requesting party.
4. Receive and give the secretariat and the archives of the Tribunal, under formal inventory signed by the judge, the outgoing and incoming Secretary.
5. Attend court hearings, authorizing signature all acts and go to the secretariat in response, with diligence and efficiency, the public service.
6. Bring or control it, the designated official, clearly and accurately keep books and Journal of Judgments of the Court, when that function will be delegated.
7. Other than the law prescribes.
Article 22 LOPT
The Secretaries of Labor Courts grant authenticity to all acts that authorize the exercise of their functions, but may issue certificates of any kind, without prior order of the Court, except where the law expressly permits.
2.3. Privileges and Prerogatives of the State
The privilege and prerogatives of the state are visible in Article 12 of the Labor Law and Organizational Structure.
Article 12 LOPT
In those processes which are involved the rights, property, or property interests of the Republic, judicial officials must observe the rights and privileges enshrined in specific legislation.
The special laws mentioned in this Article 12, such as the Organic Decree Law of the Attorney General’s Office and the Organic Law of the National Treasury.
This means that public authorities and other public entities with legal personality enjoy such privileges when they are sued, and their privileges are:
Should be the administrative procedure before the respective entity and with the participation of Citizens of the state Attorney General, depending on the quantum of the claim.
Formal notification by the Attorney General’s office to citizens of the republic, the Attorney General or the Clerk, City Attorney.
They cannot be declared in default proceedings.
They cannot be held in tacit confession.
They can be subject to enforcement of precautionary measures on their property.
No one can agree or compromise on those assets.
They cannot be condemned in costs.
It is noteworthy, in this last point in particular, that these privileges and prerogatives of the state or be sued as such, or those entities which have interests in financial content in light of the provisions of Article 54 and following, 94 and seq. Decree-Act of the Attorney General’s Office with the state as a double protection, i.e., courts give effect to the demand to be attempted against the previously untested Republic has been met with the administrative claim under the Decree-Law, being verified after the respective notification to the Attorney General’s Office and in the case of those company whose heritage is in the interest of the Republic, the Attorney General’s Office should be notified, formality whose omission occurs automatically or parte replacement of the case to state that compliance with this formality.
Following are the terms set out in Articles 54 and 94 of Decree – Organic Law of the Attorney General’s Office.
Article 54 Decree – Organic Law of the Attorney General’s Office
In those processes which are involved the rights, property, or property interests of the Republic, judicial officials must observe the rights and privileges enshrined in specific legislation.
Article 94 of Decree – Organic Law of the Attorney General’s Office
Judicial officials are required to notify the General Attorney of the Republic of the admission of any claim they hold directly or indirectly against the economic interests of the Republic. The notifications must be made in office and be accompanied by certified copies of all that is conducive to forming criteria about the matter.
The process is suspended for a period of ninety (90) consecutive days, which begins to run from the date of the provision of service, conducted in the respective file. After this period, the Procurator shall be notified. This suspension applies only to claims where the value exceeds One thousand tax units (1000 UT).
The General Attorney of the Republic or any person acting on its behalf must answer these notifications during that time, saying the ratification of the suspension or waiver of the remainder of that period, in which case it shall also be notified.
Case of Specialized Labor Jurisdiction
In this case, it arises on the Reply of demand which allows us to observe the rights and privileges of the republic state by Dr. Jesus Aranaga, Judge Ninth Intended Citizen of First Instance of Conduct, Mediation, and Enforcement Labor Labor Judicial Circuit the judicial district in Zulia State. This view today is not an accepted standard.
Similarly, it is of note that these privileges and prerogatives, in view of the distinguished jurist, renowned Professor, and Dr. Jesus Aranaga path, are not unrelated to the specialized jurisdiction of Labor, who claims not only when the republic is sued but also when they complaint to a body or public sector enterprise, where the republic is in possession of property interests, assets or rights or property rights accruing to the republic in its local social capital created for business purposes when these are defendants.
2.4. Jurisdiction of the Labor Courts
Article 29 of the LOPT states that the courts are competent to adjudicate and decide:
- The litigation work, which does not correspond to conciliation or arbitration (the organization’s own management).
- Applications for qualification of dismissal or reinstatement based on employment stability provided for in CRBV and labor law.
- Requests for defense for violation of the rights and guarantees established in the CRBV, as social relations, the terms of the contract of employment, and social security.
- The litigation related to labor collective or diffuse interests.
2.4.1. Instance Management
Cases are heard qualifying layoff or Reenlistment procedure in cases of tenure either by trade union immunity, maternal, or labor under Executive Order by the President of the Republic.
The procedure must comply with the provisions of Sections 453 and 454 of the Labor Act.
Article 453 LOPT
When an employer seeks to dismiss for cause a vested employee trade union or move or worsen their working conditions, requested authorization for the Labor Inspector in the jurisdiction where the union is domiciled in writing to determine the name and address of the applicant and the character with which it comes in, the name and position or function of the worker who seeks to dismiss, transfer or demotion, and causes that are invoked for this. The inspector shall summon the employee to appear at a specific time of the second working day after the summons to give a reply to the request for dismissal, and in that act will hear the reasons and arguments made by the worker or his representative and urge the parties to conciliate. If the worker or the employer failed to appear at the scheduled time, an hour of waiting will be granted. The failure of the employer to act as a defense means withdrawal of the request for dismissal unless justified by the compelling reason that has prevented their attendance.
In case of failure to achieve reconciliation, a joint proof of eight (8) working days will be opened, of which three (3) first will be to promote the testing and five (5) remaining for disposal. The non-appearance of the worker shall be construed as a rejection of the application for the reasons given by the employer. They will be from all the tests prescribed in the Code of Civil Procedure. If a document is unknown, it will be the match for an expert appointed by agreement between the parties or, failing that, by the Inspector at a cost borne by the employer if it appears contrary to this approach, or the Ministry of branch in any other case.
The second working day after completion of the test period of evacuation, the submissions of the parties will be heard, and within ten (10) days following, the Inspector will issue its resolution. This resolution will not appeal, but she will not deprive the parties to court cases, their respective rights.
When a worker that enjoys trade union is dismissed, removed, or deteriorated without completing the formalities prescribed in the preceding article, they may, within thirty (30) calendar days following, request the Labor Inspector reinstatement or reinstatement to his previous situation. The Inspector, within three (3) working days, will notify the employer that must appear on the second business day, in person or by proxy. In this event, the Inspector will proceed to ask him about:
a) If the applicant is serving in her company;
b) If you recognize tenure, and
c) If the dismissal was made, transfer, or demotion cited by the applicant.
If the result is positive or if there should remain recognized worker status and dismissal, transfer, or demotion, the Inspector will verify whether any tenure, and if so, order the reinstatement to their posts and pay the wages.
2.4.2. Competition for the Territory
Article 30 of the Procedural Labor Act provides 4 options:
The courts of the place where the service was provided.
Where it ended the relationship.
Where will be the employment contract.
In the defendant’s address as desired by the applicant.
The demands or requests shall be proposed by the Court of Conduct, Mediation, and Labor Utilization competent for the territory concerned. Considered competent, the courts of the place where the service was provided or where it ended the employment relationship or where the contract was concluded at work or at home by the defendant, the claimant’s choice. In no case may a home be established or agreed to exclude those specified above.
2.4.3. Public Advocacy Workers
Rule 28 of the Procedural Labor Act on Public Advocacy provides for workers.
Powers and responsibilities at the national level operate a Public Defender Service Workers, whose organization, powers, and functioning shall be established by the Organic Law on Public Defense, issued in the Fourth Transitional Provision, Section 5, of the Constitution of the Republic Venezuela.
2.5. Labor Disputes
Industrial disputes are usually caused by the violation of rules set in stone worker, mainly based on the theory of mediation, with the longest stage of the trial (which may extend to 4 months). Failing the judge, EMS should seek the solution of the conflict by all means available to solve it. The transaction agreement and arbitration are the alternate formulas for the resolution of the trial, which is why mediation is the formula most successful in work trials, obtaining statistically up to 75% of the labor cases are resolved at the stage mentioned.
ITEM 3. General Principles of Procedural Labor Law
Top of Gratuity
This principle seeks workers’ accessibility to labor lawsuits, preventing the cost of justice from hindering social interests that labor law protection.
Labor law is free; therefore, the Labor Courts may not require fees, tariffs, or require any payment for their services. The registrars and notaries public may not charge fees, tariffs, or request payment in cases of powers of attorney and registration of job demands.
- Top of Celerity Litigation
It is based on the pursuit of brevity, the shortening of the time, the economy of time, the automatic, and the urgency of the lapsed.
The judge will direct its work by the principles of uniformity, brevity, oral, public, free, speed, immediacy, concentration, priority of the real facts, and fairness.
- Principle of Inversion of Burden of Proof
In labor, that does not necessarily submit proof, as it breaches the principle of civil procedure, where the plaintiff must prove the facts constituting the defendant’s action and its exceptions, considering the distribution system of the burden of proof laid down in Article 506 of the Code of Civil Procedure.
This principle, satisfying in the work process, a supervisory function for the worker on trial, given the economic disparities existing between the worker and the employer. If this principle were not established in the adjective system of work, the employee applicant would be subject to almost complete helplessness, as it would be extremely difficult to provide evidence of his allegations. Thus, as Article 72 of the LOPT raised on this principle.
3.4. Top of the Settlement
Labor judges are obliged to exhaust before going into conciliation procedure invalidates the right in question, given the economic nature of labor disputes, must always obtain the understanding between the parties.
- Principle of Orality
The reasons for orality in labor are:
The judge gets a more vivid and real picture of the conflict.
The obstacles and entanglements are more easily circumvented.
The cunning, sophistry, or deviations are felt most quickly.
The process will be oral, brief, and contradictory evidence will only be seen incorporated the same under the provisions of this Act, by way of written forms contained therein.
3.6. Top of Immediacy
This principle seeks a consistent approach between the parties and their interaction between them, and bring the parties to the judge, to get a personal idea, clear and understandable to the facts, even to the judge when interacting with the parties.
The judges, in discharging their duties, shall be to the north of their actions the truth, are obliged to inquire by all means at its Alcorce and not lose sight of the inalienability of rights and benefits agreed by the social laws in favor of the workers, and the protective nature of them, and for that reason, they have to intervene actively in the process, giving the momentum and proper direction in accordance with the special nature of the rights protected.
3.7. Principle of Advertising
Status of the judicial process that allows the hearings and public events relating to employment even for those who are not part of the process. Couture (1981) argued that “advertising is the most precious instrument of popular control over the work of Judge and Judge.”
The trial proceedings are public unless this Act expressly provides otherwise or the court so decides, for reasons of safety, morals, or the protection of the personality of any party.
3.8. Principle of Concentration
This principle strives to harmonize the procedural measures, focusing on a short space of time the checks. La Roche said that the oral nature of the process is developed to be faster, focused, and efficient.
- Principle of Informality
Procedural Labor Law is not and cannot be formal; however, simplicity and simplicity of its forms and its inherent feature.
3.10. Principle of Priority of actual facts
The Constitution of the Bolivarian Republic of Venezuela, in its Article 89, paragraph 1, sets out in clear and specific, that in industrial relations, reality prevails over forms or appearances.
This principle requires the court disclaimed action of the formal model, i.e., that diametrically opposed to the current procedural system, because it is known, often difficult to move away from the formalities that are appealed to as aggressive litigators on behalf of the interests the represented, especially as they sensed a lack of reason in legal arguments or be circumvented by a case against the interests of defense, thus the jurisdicente, according to this principle, will be justiciable in the most severe inquisitor when it intends to prioritize the way, particularly as inherent in the employment relationship to the quality of employer and employee, salary, nature, and composition.
3.11. Principle of Fairness
The dictionary of the Spanish Royal Academy defines equity as the propensity to be guided, or failure, the sense of duty or conscience, rather than by the strict requirements of justice or by the determinant of the law referred is a natural justice, as opposed to the letter of the positive law.
ITEM 4. The Complaint
4.1. Importance of Demand
The preclusion of demand for the actor does all the facts constituting the claim, since it expresses the subject of the claim in addition to the list of facts and legal arguments underlying that claim.
Similarly, demand allows the distribution of the burden of proof along with the answer of that (usually holiday compensation or benefits, the rating of dismissal for the defendant; overtime claimed are for the applicant). Also, it raises the possibility of agreeing to be indispensable precautionary measures compliance with Article 137 LOPT on the presumption that the Judge, in his opinion, that there is a serious presumption become illusory claim is claimed.
4.2. Contents of the Complaint
Rule 123 LOPT explains the content where an application is attempted to a Labor Court of First Instance of Conduct, Mediation, and shall be submitted in writing with the following information:
Full name and address of the plaintiff and defendant. An application made by a trade union, the attempt to demand the person holding legal status of the trade union, under the law and its statutes.
If sued legal person, the data concerning the name, address, and matters relating to the name, surname of either the legal representatives, statutory or judicial.
The subject of the complaint, which requests or demands.
A narrative of the facts supporting the claim.
The address of the plaintiff and defendant for reporting purposes.
4.4. Difference and ratio of Action, Complaint, and Claim
The action is the legal power to subject all right to go to courts to demand the satisfaction of a claim, since the action is a public service of a collective interest that the activity causes court to achieve legal protection to the state. This action, conceived as an abstract right to act and set in motion the judicial activity of the state, is manifested through demand. In other words, that the action by the demand materializes.
Unlike the claim, which is a declaration of will of the actor against the defendant, described as the defendant requests or intends, but is not itself a claim. That’s why demand is a formal tool whose content must be sufficient in itself. However, the claim is part of the application in the context of the requirements discussed above, i.e., the claim is the motion (PETITUM) forming part of it.
4.5. Demand reform
As the case of Art CPC 343 where the plaintiff may amend the application, for once, before the defendant has given the defense, but granted the defendant the days to reply, without further citation.
4.5.1. Form of Complaint
The shape of the trademark application Art 123 LOPT, we have seen that the procedure begins by writing, but can also verbally attempted directly by the applicant concerned without necessarily understanding the services of lawyers tried to claim that these forms were only for that act. If the authorized representative of the union, may make an application directly in the absence of any relevant data will be supplied by the Clerk of Court.
4.5.2. Estimating the value of the claim
In the previous law was given jurisdiction by the amount the County Courts for claims under 25 UT (tax units) and came to appeal claims over 10 million Bolivars. Today, Art LOPT 167 provides that an appeal against the sentences can be proposed as the second instance (High Court) to end the process whose main interest exceeding 3,000 UT.
4.5.3. Effects of Demand
It is the act which begins the process, triggering the obligation for the judge to know the cause and decide.
It requires the applicant to continue under penalty of withdrawal or lapsing of the instance.
Opens the possibility that the Court may render preventive measures.
Competition for fixed amounts.
Interrupts prescription of the obligation when it is properly working protocol.
4.5.4. Admission for the Demand
Article 124 LOPT
If the judge of Conduct, Mediation, and Execution of Work notes that the letter libel meets the requirements in the previous article, give the admission of demand, within two (2) working days of receipt. Otherwise, order the applicant, on pain of lapsing to correct the libel claim, within the span of two (2) working days from the date of notification to this effect was practiced. In any case, the application must be rejected or declared inadmissible within five (5) business days after receipt of libel by the Court to hear it. The decision on the inadmissibility of the application must be published the same day to verify.
From the refusal of admission to the application will appeal to both, by the Court of Conduct, Mediation, and Execution of Work and the High Court of competent job, if you try within five (5) days business following the expiration of the period established for the issuance of the interlocutory ruling that ordered the inadmissibility of the claim. On the day following receipt of the appeal, the Court of Conduct, Mediation, and Labor Utilization refer the case to the Superior Labor Court jurisdiction.
4.5.5. Admission negative demand
From the refusal of admission to the application will appeal to both, by the Court SME Labor and the High Court of competent job, if you try within 5 working days following the expiration of the period established for publication of the interlocutory ruling that ordered the inadmissibility of the claim. On the day following receipt of the appeal, the Court Labor SME forward the dossier to the Superior Labor Court (TST) competent.
4.6. Lawsuits against public moral people
.
These claims are handled under the prerogatives and privileges already seen in article 12 LOPT for processes which are involved the rights, property or property interests of the Republic. The Organic Law of the Attorney General’s Office (LOPGR) in article 56.
Business day following the conclusion of the conduct of the administrative record, the agency should be referred to the Attorney General’s Office, duly numbered, in original or certified copy, to enable the latter, within a period not exceeding thirty (30 ) working days, make and submit to the organ or body concerned, his legal opinion regarding the merits or otherwise of the claim. In this case, the opinion of the Attorney General’s Office binding.
It requires the opinion of the Attorney General’s Office, in the case of claims for an amount not exceeding five hundred tax units (500 UT) and have been reported from the highest authority of the relevant body.
ITEM 5. Notification.
Notification is the procedural act by which is imposed on part of the contents of a judicial decision by a copy delivered to him or her shows, is the equivalent of the summons in civil matters, mark the bonding of the lawsuit also is conceived as a way to guarantee the defendant the right to defense.
Notification only on labor’s position just a sign to start the time of appearance of the defendant, if not fulfilled is a great penalty, as given by confessed and was not considered the appointment of counsel.
- Notification Process.
Declared demand notification of the defendant ordered by a poster showing the date and time agreed to hold the preliminary hearing, which will be set by the sheriff at the door of the headquarters of the company, delivering a copy the same employer or reflected in secretarial or office receiving correspondence, if any. The Bailiff shall state on the record of having complied with the requirements of this article and data concerning the identification of the person who received the copy of the poster. The day following the record that put the Secretary, in cars, having completed such action, begin to count the period of appearance of the defendant.
Notice may be given by any party with a specific mandate to do so, directly before the Court of Conduct, Mediation and Implementation of the respective job.
The Court, upon request or automatically, can the defendant giving notice by electronic means which provides, provided that they belong to him. For the purpose of certification of the notice, proceed in accordance with the Law on Data Messages and Electronic Signatures in every respect applicable, consistent with the principles of immediacy, brevity and speed of this Act to any event, the judge shall state on the record, which indeed materialized notification of the defendant. The next day certificates aforesaid, shall start the time for appearance of parties at the preliminary hearing.
Sole Paragraph: The notification may be managed by the applicant himself or by his attorney, by any notary public of the jurisdiction of the Court.
- Notification Types.
5.2.1. Service by electronic means.
The Court, upon request or automatically, can the defendant giving notice by electronic means which provides. For the purpose of certification of the notice, proceed in accordance with the Law on Data Messages and Electronic Signatures in every respect applicable, consistent with the principles of immediacy, brevity and speed. The court shall state on the record, which indeed materialized notification of the defendant, the day after the certification period begins to run for the appearance of parties at the preliminary hearing. See Law on Electronic Signatures.
5.2.2. Notification by Mail
Article 127 LOPT
The applicant may also request notification by certified mail, return receipt requested.
Notification by the defendant shall be performed in your office or place where it does business or industry, at the address previously indicated by the applicant. The Sheriff deposited open the envelope containing the bill referred to Article 126 of this Law, in the respective post office.
He will mail a receipt with details of the documents in the envelope sender and addressee, address and the date of receipt of the envelope and sealed in the presence of the Sheriff. By return mail the administrator or director sender sent the Court a notice of receipt from the recipient of the envelope stating, in any case, the surname name and identity card of the person who signs it.
The said notice of receipt will be added to the file by the Clerk of Court, noting the date of this step and the next day begin on the appearance of the defendant within