Sole article.-Introducense the following |! | modifications to the provisions of the code of the |! | Work contained in law No. 20.087: 1.-modified article 429 at the next |! | (términos: a) added in the first subparagraph, before the |! | expressions 'those it deems irrelevant', the |! | phrase 'by founded resolution'.
(b) replace the second paragraph in the disjunction |! |' or ' by the conjunction 'and'.
2 modify the article 431 of the next |! | (forma: a) delete, in its first paragraph, word |! |' disciplinary reasons '.
(b) replace the final paragraph by the following: ' oral defenses may only be undertaken by |! | qualified lawyers.'.
3. Add in the article 433, replacing the |! | final dot (.) for a point followed, the next |! | Prayer: ' in this case the Court administrator |! | You must record written in the way in which are |! | He made such action.'.
4. Add in Article 434, the following |! | Second, new subparagraph: ' the writ and constituted patronage in |! | the letters Court of labour, means |! | to all the continuation of the trial in the |! | Court of collection work and social security, unless |! | There is evidence otherwise.'.
5 delete the final sentence of the sixth paragraph of the |! | Article 436.
6. Add the following article 439 bis, new: ' article 439 bis-in labour cases, the |! | courts of Santiago work lyrics may |! | order proceedings to meet directly in the |! | communes of San Miguel, San Joaquin, La Granja, the |! | Pintana, San Ramón, La Cisterna, forest, Pedro |! | Aguirre Cerda, the mirror, San Bernardo and Calera de Tango, |! | Puente Alto, San José de Maipo and Pirque without need of |! | warrant.
The provisions of the preceding paragraph, shall apply |! | also in the courts of San Miguel and the courts |! | with competence of the communes of San Bernardo and |! | High Bridge, with respect to the actions that need to |! | performed in Santiago or on any of them.
The option provided for in subsection first |! | It also governed between the courts of La Serena and |! | Coquimbo; Valparaíso and Viña del Mar; conception and |! | Talcahuano; River black and Osorno and Puerto Montt, |! | Puerto Varas and Calbuco.'.
7 replace the article 443 expression |! |' only ' with the following: 'preferably'.
8 amended article 444 within |! | (términos: a) added to the end of the first subparagraph, |! | deleting the endpoint, the following sentence: ' in |! | sufficient terms to ensure the amount of thing |! | sued.'.
(b) Insert the following second paragraph passing |! | the second, third and fourth to be third, current |! | fourth and fifth, respectively: ' However, precautionary measures that judge |! | Decree must be proportional to the amount of the |! | trial.'.
(c) replace in the third paragraph, which has passed |! | to be fourth, the expression 'respondent' by 'plaintiff'.
9 altered article 446, the next |! | (manera: a) insert in the number 4, between the word |! |' clear ' and ' the facts' terms, the expression ' and |! | comprehensive '.
(b) incorporate the following new second subsection |! | becoming its subparagraphs second, third and fourth |! | paragraphs third, fourth and fifth, respectively: ' the documentary proof may only be made in the |! | preparatory hearing. However, should arise |! | along with the demand, the giving account of |! | administrative actions that refer to the |! | facts contained in that.'.
10. in article 447, adding, in subparagraph |! | Second, before the final dot (.), the phrase ' respect |! | that action ', and replaced, in its third paragraph, the |! | expression 'third subparagraph' by 'fourth paragraph'.
11 delete in subparagraph first item |! | 448, removing the comma preceding it, the final sentence |! |' Although they come from different titles '.
12 replacements, in the first paragraph of the |! | article 451, the expressions 'thirty' and 'ten' by |. |' Thirty-five ' and 'fifteen', respectively.
13 452 article replaced by the following: ' article 452.-the respondent must answer the |! | demand in writing at least five days of |! | prior to the hearing date |! | high school.
The reply shall contain an exhibition |! | clear and itemized the facts and fundamentals of |! | right in which is supported, exceptions and/or |! | counterclaim that be deducted, as well as also |! | You must decide on the facts contained in the |! | demand, accepting them or denying them shaped expresses and |! | concrete.
The counterclaim will only be coming when the |! | Court is competent to hear it as |! | demand and that is always closely linked to it.
The counterclaim must contain statements that |! | referred to in article 446, and will be processed jointly |! | with demand.'.
14 Introducense the following modifications in |! | ((el artículo 453: a) replace your number 1) by the following: ' 1) preparatory hearing will begin with the |! | shallow relationship that will judge the contents of the |! | demand, as well as reply and, where appropriate, of |! | the demand counterclaim and the exceptions, if these |! | they have been deduced by the respondent within the time |! | laid down in article 452.
If none of the parties formed the audience |! | high school, these will have the right to request, by |! | one time, jointly or separately, in fifth |! | day of the date that should be done, |! | new day and time for its realization.
Then, the judge shall proceed to confer |! | transfer to the contestation of demand |! | counterclaim and the exceptions, if any.
Once evacuated the shuttle side |! | plaintiff, the Court shall pronounce immediately |! | with respect to the exceptions of incompetence, lack |! | ability or personality of the plaintiff, de |! | ineptitude of libel, expiration, prescription or |! | that which is claimed in the procedure, whenever |! | its ruling can be based on background appearing in |! | the process or whatever public notoriety. In the |! | cases where it is appropriate, suspend the |! | hearing as soon as possible, so that |! | be remedied defects or omissions in the term of |! | five days, under penalty of not continue |! | forward with the trial.
The remaining exceptions will be processed |! | together and it will fail in the final sentence.
The resolution which is pronounced on the |! | exceptions of incompetence of the tribunal, expiration and |! | prescription, must be established and will only be susceptible |! | of appeal that that welcome them. This resource should be |! | filed at the hearing. Grant the appeal, |! | will be in both effects and it will be known in mind by |! | the Court.
When the defendant I will not answer the demand, or |! | do it not negare on it some of the facts |! | contained in the suit, the judge, in ruling |! | Finally, you can estimate them as tacitly admitted.
If the defendant established are remedied to a part of the |! | demand and oppose each other, we will continue with the |! | course demand only in the part that was |! | opposition. For these purposes, the Court must |! | establish the facts on which there was compliance, |! | considering that this resolution as enforceable sentence |! | for all legal purposes, the court proceeding |! | with regard to it pursuant to article |! | 462.'.
((b) delete your number 2), passing the current number |! | 3) 2) and thus consecutively.
((c) delete, in the second paragraph of number 4), |! | (que pasa a ser 3), the final phrase ' according to thing |! | provisions of article 457'.
(d) be inserted in the first paragraph of your number |! | ((5), which happens to be 4), between the word 'resolve' and the |! | preposition 'en', the term 'founded', and eliminated |! | your final paragraph.
((e) disposed of in the number 6), which happens to be 5), the |! | phrase 'and in the period referred to in the preceding paragraph'.
((f) add in the final paragraph of his number 9), which |! | (pasa a ser 8), then of the phrase ' the three days |! | prior to that laid down for the audience ', the expression |! |' of trial '.
((g) add the following number 10, new: ' 10) a brief audience minutes |! | It will only contain the indication of the place, date and |! | Court, the witnesses who attend it, the |! | start and end of the hearing, the resolution |! | that falls on the opposite exceptions, the facts that |! | they must prove and individualization of witnesses |! | that depondrán with respect to those, and, where appropriate, the |! | resolution referred to in the final paragraph of number |! | 1.) and the number 2) of this article.'.
15 be amended article 454 of the next |! | (manera: a) incorporated a number 7), nuevo, the following |! | ((tenor, pasando los actuales números 6), 7) and 8) to be |! | ((números 8), 6) and 9), respectively, all of them without |! | (enmiendas: '7) if the trade or the expert report not |! | evacuated before the audience and its contents may be |! | relevant for the resolution of the matter, the judge shall, |! | in the same hearing, take measures |! | immediate to that necessary for its contribution in |! | She. If at the end of this hearing such proceedings |! | has not been fulfilled, the Court shall determine for that |! | only effect a rehearing shall be carried to |! | out within the shortest time.'.
((b) add a number 10), new, of the next |! | tenor:
('10) if one of the parties alleged dulling |! | in the case of the impossibility of appearance of whom |! | He is summoned to the diligence of confession, should |! | credit it to invoke it, and must resolve the |! | incident at the same hearing. Only may accept |! | When made unexpected invocaren and character |! | severe, in which case must the judge take the measures |! | immediate to that necessary for its realization to |! | as soon as, notifying parties in the |! | Act.'.
16 delete in subparagraph first item |! | 457 final prayer that says: ' in this second |! | alternative, the judge shall announce the bases |! | Fundamentals of the ruling at the end of the aforementioned |! | audience.'.
17 article 468 replace by the following: ' article 468.-in the event that the parties concerned |! | a form of payment of the claim pursued in the cause, the |! | corresponding Pact must be ratified before the judge |! | the cause and the agreed quotas must |! | appropriate readjustments and interests of the period. The |! | Covenant thus ratified, will have merit Executive for all |! | legal purposes.
The payment of one or more quotas will not immediately |! | callable debt total, empowering the creditor |! | so come before the same court, within the |! | period of sixty days from the breach, |! | so the payment order, and the judge increase |! | the balance of the debt up to a hundred and fifty by |! | cent.
The resolution which establishes the increase is |! | It will carry out incidentally. The same shall apply to the |! | increase set by the judge in conformity to article |! | 169 of this code.'.
18 Reemplazanse 5 ° paragraph, resources, and |! | articles 474-484 that compose it, by the |! | Next: ' paragraph 5 ° of Article 474.-Los resources resources are governed by the |! | rules laid down in this paragraph, and supplementary |! | by the rules established in the first book of the |! | Code of Civil procedure.
Article 475-Replenishment will be coming in |! | against cars, decrees, and statements |! | interlocutory that they not stop the trial or do |! | impossible its continuation.
Against the judgment given at hearing, the |! | replacement must be filed verbally, |! | immediately pronounced the resolution that was |! | It challenges, and shall be resolved on the spot.
The replenishment resolution dictated |! | outside the hearing, must be brought within third |! | day of the resolution, unless |! | that a hearing to take place within that term |! | in which case you must bring to your home, and will be |! | resolved on the spot.
Article 476.-Will only be susceptible of appeal |! | interlocutory judgments which end to the |! | judgment or make impossible its continuation, which is |! | decide on measures precautionary and that fix the |! | amount of payments or recalculation of |! | social security benefits.
Measures as regards injunctive relief, the appeal of |! | the resolution to grant it or refusing its |! | hoist, shall be granted in the only devolutive effect.
Similarly, the appeal shall be granted of the |! | resolutions that set the liquidations or |! | recalculation of benefits from social security.
Article 477.-in the case of judgments |! | definitive, is only from the remedy of nullity, |! | When in the procedure or in the |! | enactment of the final judgement been |! | substantially violated rights or warranties |! | constitutional, or that one has been given with |! | violation of law that has substantially influenced |! | in the device's failure. Against judgments |! | definite no shall be more resources.
The remedy of nullity will be aimed |! | invalidate the procedure totally or partially together |! | with the final sentence, or only the last one, according to |! | appropriate.
Article 478.-The application will proceed |! | (además: a) when the sentence has been pronounced by |! | incompetent judge, legally implied, or whose |! | challenge is pending or has been declared |! | by competent court;
(b) has been pronounced with infringement |! | manifest of the rules on the assessment of the |! | test in accordance with the rules of healthy criticism;
(c) when required alteration of the |! | legal classification of the facts, without modifying the |! | factual findings of the lower court;
(d) when in the trial have been raped the |! | provisions laid down by the law on immediacy |! | or any other requirement which the law has |! | expressly provided for the annulment or declared it |! | as essential expressly;
(e) when the sentence has been given with |! | omission of any of the requirements laid down in |! | article 459, 495 or 501, final paragraph, of this |! | Code, as appropriate; contains decisions |! | contradictory; You painting beyond the requested by the |! | Parties, or extendiere to not subject points to the |! | decision of the Court, without prejudice to the faculties |! | for failure to craft the law expressly granted, and |! | (f) when the sentence has been handed down against |! | Another passed on authority of res judicata and been |! | This timely alleged at the trial.
The court ad quem, to accommodate the resource of |! | invalidity founded on the grounds provided for in subparagraphs |! | (((b), c), e), and f), the sentence must de |! | corresponding replacement in accordance with the law. In the |! | other cases, the court ad quem, therein |! | resolution, shall determine the State that is the |! | process and order the remission of their background for |! | their knowledge to the corresponding court.
Those defects that will not produce nullity no |! | influence on the device of the judgment, without prejudice of |! | the powers of editing trade that has the cut |! | during the knowledge of the resource. Neither the |! | they will produce the vices which known to not have been |! | claimed promptly by all means of |! | existing challenges.
If a resource is fundare on various grounds, |! | It must be noted if they invoke joint or |! | secondarily.
Article 479.-Should the recourse to annul |! | filed in writing, to the Court that any |! | the judgment is contested, within the time given |! | of ten days from the respective notification to |! | the part that engages it.
You must express the Vice that is claimed, the |! | infringement of constitutional guarantees or law that |! | suffers, as appropriate, and in this case, in addition, |! | point out how such violations of law influence |! | substantially in the device's failure.
Once the appeal has been lodged, not may invoke |! | new grounds. However, the Court, of its own motion, may |! | hosting the resource inferred for a different reason from the |! | invoked by the appellant, when that corresponds to |! | some of those listed in article 478.
Article 480.-The appeal court Interpuesto to |! | quo will decide on its admissibility, declaring it |! | admissible if it meets the requirements laid down in the |! | the first subparagraph of Article 479.
The background will be sent to court |! | corresponding in third day of notified the |! | resolution that grants the last resort, by sending |! | copy of the decision which is contested, the registration of |! | audio and writings relating to the inferred resource.
The interposition of the recourse to annul suspends |! | the effects of the contested judgment.
If one or more of several parts entablare resource |! | nullity, the favorable decision that is unlawful |! | It will take advantage of others, unless the fundamentals |! | they have exclusive personal of the appellant, |! | should the Court declare it so expressly.
Entered the appeal to the court ad quem, this is |! | It shall act in mind concerning their permissibility, |! | declaring it inadmissible if they not concurring the |! | requirements of the first subparagraph of Article 479, |! | it lacked of basis in fact or in law or |! | requests concrete, or, where appropriate, |! | the resource has not prepared promptly.
Article 481.-at the hearing, the parties |! | they made their allegations without prior relationship.
The allegation of each party may not exceed of |! | thirty minutes.
Will not be any admissible evidence, except the |! | necessary for proving the grounds of invalidity alleged.
The lack of attendance of one or more recurrent |! | the audience will result to be declared abandoned |! | the appeal with respect to the absent.
Article 482.-The failure of the resource should be |! | decide within a period of five days counted |! | Since the end of the hearing.
When not appropriate the enactment of sentence |! | replacement, the Court to accept the appeal, together with |! | Verify that the process will be, should be |! | return the cause in second day of pronunciation |! | the resolution.
If the errors of judgment not influyeren in your |! | operative part, the Court may correct that |! | It concludes for the knowledge of the resource.
Will not appeal against the |! | resolution that fails a recourse to annul. Nor, in |! | against the sentence which is unlawful in the retrial |! | made as a result of the resolution that |! | welcomed the recourse to annul.
Article 483-Exceptionally, against the |! | resolution that fails the remedy of nullity, be |! | are appeal of unification of jurisprudence.
Shall the appeal of unification of |! | When jurisprudence with respect to the matter of right |! | object of the trial there are different interpretations |! | held in one or more firm judgements emanating from |! | Top of justice courts.
Article 483-A-the resource that is the |! | previous article, shall be brought before the Court |! | corresponding appeals within the period of fifteen |! | days from the notification of the judgment to be |! | It uses, so it may be known by the Supreme Court.
The writing that contains it must be founded e |! | It will include a precise and lengthy relationship of the |! | different interpretations with regard to matters of |! | right to object of the sentence, sustained in various |! | failures emanating from courts of |! | Justice. Also, should be accompanied by copy of the |! | failures that are invoked as a basis. Lodged the |! | resource, not some variation may be in it.
Only if the resource stands outside time, the |! | Court to quo declare it inadmissible plane. Against |! | This resolution may be brought only |! | reset into fifth day, founded in error of |! | fact. The resolution that resolved that resource will be |! | unappealable.
The filing of the appeal does not suspend the |! | execution of the decision appealed against, except when its |! | compliance make impossible to implement which was |! | dictate if it hosts the resource. The losing party can |! | require that such resolution not takes effect while |! | the prevailing party does not pay bail of result to |! | satisfaction of the Court. The appellant should be exercised |! | This law together with the interposition of the |! | resource and separate application.
The Court a quo, declaring admissible the |! | resource, must pronounce drawing on request |! | referred to in the preceding paragraph. Against such |! | resolution shall not be recourse.
The Court of appeals shall send to |! | the Supreme Court a copy of the resolution that solves the |! | nullity of the writing that has been lodged the |! | resource, and the other necessary background for the |! | the same resolution.
The specialized room of the Supreme Court only |! | the resource may be declared inadmissible by unanimity |! | of its members, through resolution founded on lack |! | the requirements of the first and second subparagraphs of |! | This article. Such resolution may only be the object of |! | appeal within fifth day.
The appeal declared admissible by the court ad |! | quem, resorted, in the period of 10 days, you can |! | take part and present observations deemed |! | suitable.
Article 483-B-in the view of the cause is |! | they will observe the rules for appeals. |!| However, the duration of the claims of each party, |! | they will be limited to thirty minutes.
Article 483-C-the bug that makes its decision on the |! | resource will only have effect with respect to the cause |! | respective, and in no case affect situations |! | legal laid down in decisions which serve de |! | antecedent.
To accept the appeal, the Supreme Court shall issue Act |! | continuous and no new vista, but separately, the |! | judgment of replacement in unification of jurisprudence.
The sentence which fails the resource as well as the |! | eventual judgment of replacement, will not be susceptible |! | any resource, except for the clarification, rectification |! | or amendment.
Article 484-Working cause enjoy de |! | preference for your view and your knowledge will adjust |! | strictly to the order of their admission to the Court.
Without prejudice to the provisions of the third subparagraph |! | Article 69 of the organic code of courts, |! | You must designate one day a week, at least for |! | knowing of them, completing the tables if not any |! | sufficient numbers, in the form determined by the |! | President of the Court of appeal, who shall be |! | responsible for disciplinary reasons strict compliance |! | for this preference.
If the number of pending cases made impossible |! | their view and failure in less than two months, |! | counted since joining the Secretariat, the President |! | of the Court of appeals that works divided into more |! | two rooms, determined that one of them, at least, |! | exclusively respecting the knowledge of these causes |! | for the period deemed necessary to overcome the |! | delay.'.
19. replace the final paragraph of article 489, |! | by the following: ' if the same facts emanaren two or more |! | employment actions, and one of them was the |! | of labor supervision that is this paragraph, such |! | actions must be exercised together in a same |! | judgment, except in the case of action by dismissal |! | unjustified, improper or inadmissible, which should |! | brought secondarily. The non-exercise of any |! | of these actions in the designated form will import your |! | resignation.'.
20 modified article 490 of the next |! | (modo: a) Insert, in the first paragraph, after the |! | word 'alleged', the following sentence: ' accompanying |! | all the background on which it is based '.
(b) replace the second paragraph by the following: ' in the event that does not contain them, shall be granted a |! | fatal within five days for incorporation.'.
21 replaced the expression in article 494 |! |' Fifth ' by 'tenth'.
22 section 496, replace by the following: ' article 496-Bates on whose |! | amount is equal to or less than ten minimum income |! | monthly, excluding, where appropriate, increases to |! | which has fifth place by application of subparagraphs and |! | seventh article 162; and Bates to be |! | concerns article 201 of this code, it shall apply the |! | procedure which then is designated.'.
23 Article 497 replaced by the following: ' Article 497.-in the event that the worker chooses |! | the order for payment procedure, it will be necessary that |! | prior to the start of the lawsuit has been deducted |! | claim before the Labour Inspectorate corresponding |! | that must set day and time for the realization of the |! | respective subpoena, at the time of entering such a |! | claim.
Excepted from this requirement actions |! | concerning the matters governed by article 201 |! | of this code.
The citation to the subpoena of conciliation before the |! | The Labour Inspectorate will be by letter |! | certified, under the terms of section 508, or |! | officer of that body, who will act as |! | Minister of faith, for all legal purposes. In |! | this case, you must personally delivered such |! | citation to the employer or, if not possible, to |! | adult person who is home of the |! | reclaimed.
The parties must attend the subpoena of |! | conciliation with evidentiary instruments that |! | available, such as contract work, balance sheets, |! | attendance records, pay stubs |! | and any others that they deem relevant.
Minutes of all operation on the |! | subpoena, delivering copy authorized parties |! | attending.'.
24 replaced the article 498 by the following: ' article 498.-in case that the claimant not be |! | It introduced to the subpoena, while legally cited, are |! | will term to that instance, archiving is the |! | background.
Subject as provided in the preceding paragraph, |! | the worker can operate judicially in accordance with |! | the rules of procedure of general application |! | regulated in paragraph 3 ° of this title.'.
25 Article 499 replaced by the following: ' Article 499.-If not arises conciliation |! | between the parties or it may be partial, as also in |! | If the person sought does not attend the subpoena, the |! | worker may bring action before the Court of the |! | competent work, within the period specified in the |! | articles 168 and 201 of this code, as appropriate.
Demand must be filed in writing and |! | contain the terms referred to in article 446 |! | of this code.
It must be accompanied to the Act raised in the |! | subpoena held before the labour inspection and |! | the documents on this. This requirement not |! | shall be applicable in the case of action emanated of the article |! | 201.'.
26 the 500 article replaced by the following: ' article 500.-in the event that the judge considers reasonable |! | the claims of the plaintiff, will host them |! | immediately; otherwise reject them from |! | plane. To pronounce, must consider, among other |! | background, the complexity of the subject which undergoes a |! | its decision, the appearance of the parties to the stage |! | Administrative and the existence of payments by |! | the respondent. If there is no background |! | sufficient for this ruling, the tribunal |! | You must quote the audience established in subsection |! | fifth of the present article.
The parties may only claim this resolution |! | within the term of 10 working days counted from its |! | notification, unless appropriate against it any |! | another resource.
Notification to the defendant shall be conforming |! | to the General rules.
In any case, the notification shall contain |! | the effects that will produce lack of claim or its |! | Extemporaneous presentation.
Filed the claim deadline, judge |! | It will be mentioned to the parties to a unique audience of |! | conciliation and testing, which shall be held within |! | fifteen days following its submission.
If the employer claims partially of the |! | resolution that welcomes the pretensions of the worker, is |! | It will apply the provisions of article 462.'.
27 Article 501 replaced by the following: ' Article 501.-the parties must attend to the |! | audience with all its means of proof and, in the case of |! | through representative to appear, it must be |! | expressly covered Faculty of compromise.
The hearing will be held with only the part that |! | attend.
The judge must sentence at the end of the |! | hearing, which shall contain the mentions |! | indicated in numbers 1, 2, 5, 6 and 7 of the article |! | 459.'.
28 article 502, replaced by the following: ' article 502.-the judgment given in the |! | order for payment procedure will be likely to be |! | challenged by all the established resources |! | in this code, with the exception of the resource of unification |! | contained in the articles 483 jurisprudence and |! | following.'.
29 replacements subparagraphs fourth, fifth and |! | sixth of the 503 article by the following: ' admitted to processing, prior claim |! | verification of the requirements set out in subsection |! | above, your conduct will be governed by the |! | procedure of general application contained in the |! | Paragraph 3, of chapter II of title I of this |! | Code, unless the amount of the fine, to the moment |! | of the enactment of the resolution which imposes it or the |! | that resolves the administrative reconsideration regarding |! | It is equal to or less than 10 minimum income |! | Monthly case which shall take place in agreement a |! | the rules of the order for payment procedure, contained in |! | articles 500 and following of this code.
Against the decision that resolved a |! | claim may be made pursuant to |! | in article 502 of the code.'.
30 article 504, replaced by the following: ' article 504.-in all those cases where in |! | pursuant to this code or other legal body, settle |! | legal claim against resolutions |! | pronounced by the Directorate of labour, different from |! | the administrative fine or of which to speak about |! | of an administrative review of fine, be |! | it take place according to the rules of procedure |! | small claims, contained in articles 500 and following |! | This code.'.
31 replaced article 2 transitional, by the |! | Next: ' article 2 Transitional °.-causes that are |! | they have initiated prior to the entry into force of |! | This law, will continue to progress in accordance with the |! | procedure that began, to the |! | enactment of the term judgment.'. '.