Los derechos procesales del empleador en el juicio laboral por despido ineficaz

Abstract

This work analyzes the labor reform in relation to ineffective dismissal and the employer's procedural rights, given that by giving legal form to the prohibition of dismissal and declaring ineffective workers in situations of vulnerability, that is to say, women pregnant or associated with their maternity status and union leaders in fulfillment of their duties. The employer was violated his procedural rights such as that of the defense, having the time and adequate means to prepare his defense. Until June 25, 2019 the ineffective dismissal procedure established that once the claim is admitted for processing, the employer will be sent to summon the employer, calling the single hearing, the employer as established had only two days to prepare his defending. With the reform to the COGEP published on June 26, 2019, the legislator seeking to protect the rights of the employer and avoid that his right to defense is not violated established the term of 10 days for THE EMPLOYER to answer the demand and obtain the Evidence that I discharge in the labor trial for ineffective dismissal, thus avoiding the violation of the rules of due process by allowing access to an adequate defense as a primary guarantee that is the right to defense