bachelorThesis
Despido ineficaz: procedimiento; análisis jurídico y práctico
Fecha
2016Autor
Cuenca Guaillazaca, Bayron Manuel
Institución
Resumen
Today, our country is in a continuous process of reforms of laws currently valid. This process implies that the people who are linked to this process, with the laws and with the law itself, must be equal with all. One of the reforms recently introduced is the one applied to the Labor Code, with the so-called "Organic Law for Labor Justice and Recognition of Work at Home", which is looking to guarantee and stabilized working conditions and more in cases when women are in pregnancy or Associated with the condition of the gestation, and in case of union leaders, establishing a new legal figure in our environment called "Inefficient dismissal" which is no more than an action that can be exercised by the worker through a condensed procedure regulated in this law. This new section of procedure involves ways and aspect, starting with how the demand should be presented, the deadline for filing the same, the deadline for filing the summons, the deadline for convening the hearing, which of course is unique. The judge, at the moment of selecting the application may issue precautionary measures that allow the immediate reinstatement of the worker to work. In the case of being admitted in the ineffectiveness of dismissal, the dismissal will be on favor of the workers, providing additional indemnifications to the so called stablished laws, among others.