Sole article.-Introducense the following |! | changes in the labour code: 1. replace in the final paragraph of article 3, |! | "478" figure by "507".
2. replace in the second paragraph of the article |! | 37, the number "477" by "506".
3 repealed the final subparagraph of article 44.
4. replace article 86, the figure "477" |! | by "506".
5 replaced in the eighth paragraph of the article |! | 162, the number "477" by "506".
(6. Sustitúye_se el inciso final de la letra a), of the |! | Article 169, by the following: "if such compensation is not pagaren to the |! |" worker, it may have recourse to the Court than |! | appropriate, for which procedures are |! | meet such payment, and the judge in this case |! | increase them up to 150%, for such |! | effect of corresponding title, the letter notice to |! | "referred to in the fourth paragraph of article 162 and".
7 article 292, replaced by the following: ' article 292-anti-union practices or |! | " unfair will be sanctioned with fines of ten-cent |! | 50 monthly tax units, taking in |! | has to determine the amount of the severity of the |! | infringement. In case of a repeated offence, be |! | it punished with fines of 100 to 150 |! | monthly tax units.
The fines referred to in the preceding subparagraph |! | they will be for the benefit of the national training service |! | and employment.
Knowledge and resolution of infringements |! | by anti-trade union or unfair practices shall be dealt |! | According to the rules laid down in paragraph 6, of the |! | Chapter II of title I of book V, of this |! | Code.
The labour inspection must report to the |! | competent court the facts deemed constitutive |! | anti-trade union or unfair, practices which |! | take knowledge.
If the anti-union practice has involved the |! | dismissal of a worker who has been |! | accredited that it is covered by immunity |! | established in articles 221, 224, 229, 238, 243 and |! | 309, the judge, in its first resolution must have, |! | ex officio or upon request of a party, the immediate |! | reinstatement of the worker to work and payment |! | the remuneration and other benefits derived from |! | the employment relationship for the period between |! | the date of the dismissal and the one that materializes the |! | reincorporation, all under penalty of fine |! | of fifty to one hundred monthly tax units.
For the purposes of fulfilling the provisions |! | in the preceding paragraph, the Court shall designate in the |! | resolution who has ordered the reinstatement of the day and the |! | time that this must meet and that official |! | practice, and may order such diligence to a |! | the labour inspection officer designated by |! | this. Also available are accrediting inside of the |! | five days following the payment reinstatement of |! | remunerations and other benefits owed, |! | apply in this connection how to set the |! | remuneration referred to in article 71.
In case of refusal of the employer to give |! | compliance to the order of reinstatement or suede |! | a new separation or not timely and due payment of the |! | remuneration and other employment benefits, the |! | Court, of its own motion, make effective the subpoenas |! | with that it had decreed the measure of |! | reinstatement, without prejudice to replace or repeat the |! | I apremio until the full compliance of the |! | measure enacted.
Against these resolutions shall not appeal |! | any. "."
8 article 294 replaced by the following: ' article 294-if one or more of the practices |! | " anti-trade union or unfair in this book or |! | in the title VIII of book IV, have involved the |! | dismissal of workers not covered by labor law, |! | This will not produce any effect and applies thing |! | provisions of Article 487, with the exception of its |! | third and fourth subparagraphs.
The worker may choose between reinstatement |! | decreed by the Court or the right to the |! | compensation referred to in the fourth paragraph of the |! | Article 162 and established in article 163, with the |! | corresponding surcharge in accordance with the provisions in |! | Article 168 and, Additionally, to compensation |! | to be fixed by the judge, which may not be |! | less than six months nor more than eleven months of the |! | last monthly remuneration. "."
Article 314 bis (9. Sustitúye_se en la letra c), |! | "477" figure by "506".
Replace in the second paragraph of article 10 |! | 314 bis A, the number "477" by "506".
11 replace, in paragraph first item |! | "349, the phrase"article 461 of this code", by |! |" Paragraph 4, of chapter II of title I of book V, |! | of this code".
12 article 389 replaced by the following: "article 389-designated offences in the |! |" preceding articles shall be punished with fines of |! | ten to hundred and fifty monthly tax units, |! | taking into account to determine the amount the |! | severity of the infraction. In case of a |! | repeated offence, shall be punished with fines of 100 to % |! | 50 monthly tax units.
The fines referred to in the preceding subparagraph |! | they will be for the benefit of the national training service |! | and employment.
Knowledge and resolution of infringements |! | by unfair practices in collective bargaining are |! | It shall be completed in accordance with the rules laid down in the |! | Paragraph 6 of chapter II of title I of book V, |! | of this code.
The labour inspection must report to the |! | competent court the facts deemed constitutive |! | unfair practices in collective bargaining, of |! | which take knowledge. "."
13. Insert, after article 390, |! | the following article 390 bis, new: "article 390 bis.-the Labour Directorate shall |! |" keep a record of the convictions by |! | unfair practices in collective bargaining, |! | and must publish every six months the roster of companies and |! | infringing trade union organizations. For this purpose, |! | the Court shall send copy to the Directorate of labour of |! | the respective fault. "."
(14. Reempláza_se la letra c) of the 420 article by |! | the following: "c) issues arising from the application of |! |" the rules of welfare or social security, |! | raised by retirees, active workers or |! | employers, except as regards the review of the |! | resolutions on Declaration of invalidity or the |! | statement on licensing |! | medical; "."
15 replace chapter II, title I of the |! | Book V, the following chapter II, new: "chapter II of the training principles of the process and of the |! |" procedure in trial work paragraph 1 of the training principles of article 425.-the process of work procedures will be |! | oral, public and concentrated. They will prevail on them the |! | principles of immediacy, procedural momentum of |! | ex officio, Celerity, good faith, bilateralism of the |! | audience and gratuitousness.
All proceedings will be oral, |! | subject to the exceptions contained expressly in this |! | law.
Action taken orally, by or before the |! | judge, will be recorded by any means |! | suitable to produce faith, to guarantee the |! | fidelity, conservation and reproduction of its content. |!| Shall be deemed valid, for these purposes, the |! | media playback phonographic recording, |! | audiovisual or electronic. The audience should be |! | registered entirely, as also all the |! | resolutions, including the sentence handed down by judge |! | outside of it.
Article 426-in citations to the hearings, |! | shall be recorded will be held with the parties |! | attend, affecting you that not all concur the |! | decisions handed down in it, without the need of |! | further notification.
The parties may attend these hearings by |! | intermediate proxy, which means full |! | empowered to compromise, without prejudice to right of the |! | assistance of their representatives and lawyers.
Initiated the hearing, is not may be suspended. |!| Exceptionally, and only in the event of unforeseen circumstances or |! | force majeure, the judge may, by resolution |! | founded, to suspend the hearing. In the same Act should be |! | set new day and time for its realization.
The Court must enable special timetables in |! | case that the development of the audience exceeds to the |! | normal hours of operation.
Article 427-Hearings will take place in |! | entirely before the judge, which the |! | He will chair and it may not delegate his Ministry. The |! | breach of this duty will be punished with the |! | insaneable invalidity of proceedings and the hearing, |! | which shall declare the judge ex officio or at the request of |! | part.
However, in the courts of letters having |! | with a judge and a Registrar, and only when the Court of |! | Respective appeals do not apply the attribution to le |! | Article 47 of the Code confers de |! | Courts, the judge, when any delay in the |! | office of the matters submitted to the knowledge of the |! | Court or when the best legal service so thing |! | It requires, it may authorize the Attorney Secretary, for |! | which, as a substitute, assume in whole course of the |! | trial. In this case, refers to all the |! | legal effects missing by the judge in his office, and only |! | He may preside over the hearing, dictate the failure and |! | carry out all actions that correspond |! | applying to their respect as provided in subsection |! | the first.
Article 428.-Procedural acts shall be public |! | and must be carried out with the necessary speed, |! | trying to concentrate in a single legislative act those |! | proceedings where this is possible.
Article 429.-The Court, once claimed his |! | intervention in legal form, shall act ex officio. |!| I will Decree the evidence as it deems necessary, even when |! | the parties have not offered them and rejected by |! | resolution founded those deemed irrelevant. |!| This resolution you can deduct resource of |! | replacement at the same hearing. It shall, in addition, |! | measures to prevent the stoppage of the |! | process or its prolongation undue and, consequently, |! | the abandonment of the procedure shall not apply.
The Court will correct errors that ex officio |! | Note on the handling of the trial and adopt the |! | measures that tend to avoid the invalidity of the |! | procedure. Procedural nullity shall only be |! | decreed if the defect had caused prejudice to the |! | litigant claiming it if was not susceptible of |! | be rectified by other means. In the case provided for in the |! | Article 427, the Court will not excuse himself from imposing |! | the nullity.
Not able to request the Declaration of invalidity the |! | part that has originated the Vice or crowded to its |! | materialization.
Article 430.-Procedural acts shall |! | executed in good faith, empowering the Court to |! | take appropriate measures to prevent fraud, |! | collusion, abuse of law and proceedings |! | delaying.
The judge may reject those drawing |! | actions that consider delaying.
Means delaying actions all |! | those with the only object of delaying the |! | continuation of the trial are attempted by any of the |! | parts. The resolution stating as such any |! | action, the affected Party may replace to make it |! | resolved at the same hearing.
Article 431-in labor causes, all |! | action, process or trial proceedings, made |! | by officials of the Court will be free to the |! | parts. Responsible for the administrative management of the |! | Court shall be responsible for the strict observance |! | both this fee-free and timely compliance |! | of the proceedings.
Parties that enjoy privilege of poverty |! | they are entitled to free legal defence from |! | the respective legal assistance corporations or, |! | in their absence, by an attorney on duty, or system of |! | free defense that the law. In addition, will have |! | right, that all the actions that need to |! | Auxiliary of the administration of Justice to intervene |! | they are met timely and free of charge.
Oral defenses may only be undertaken by |! | qualified lawyers.
|!||!| Paragraph 2º rules common article 432.-in all not regulated in this |! | Code or in special laws, shall apply |! | supplementary standards contained in the books I and |! | II of the code of Civil procedure, unless they |! | they are contrary to the principles that inform this |! | procedure. In such a case, the Court will have the |! | way in which the respective action be practiced.
However, with regard to procedures |! | special set out in paragraphs 6° and 7 ° East |! | Chapter II shall apply Additionally, firstly |! | place, the rules of the procedure of application |! | contained in its paragraph 3 ° General.
Article 433-Provided that a party thing |! | ask for himself, and the Court agrees, the |! | proceedings, with the exception of the hearings, |! | they may be made by electronic means allowing |! | proper receipt, registration and control. In this case |! | the clerk of the Court shall record |! | be sure that the way in which such action was made.
Article 434.-The parties must appear with |! | sponsored by Attorney and represented by person |! | legally authorised to act in judgment.
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.
Article 435-Deadlines that are set in this |! | Book are fatal, except for those established for the |! | realization of specific court proceedings, |! | Anyone who would be the way in which to express themselves. In |! | consequence, the possibility of exercising a right or the |! | opportunity to run an act is extinguished, by the |! | single operation of law, with the expiration of the term.
In these cases, the Court, ex officio or upon request |! | part, will provide what appropriate for pursuing |! | the trial, without the need for prior certificate.
The terms of days referred to in this title be |! | They shall be suspended during the holidays. |!| The holiday of holidays to which the article refers |! | 313 of the organic code of courts not governed respect |! | Labor causes.
Article 436.-The first notification to the party |! | respondent shall be made personally, handing him |! | full copy of the resolution and the request that |! | It has fallen. The applicant will be notified by the |! | daily status.
This notification shall be by official |! | the judge determined, according to the circumstances |! | of the place in which operate the tribunal and remaining |! | considerations that look at the effectiveness of the action. |!| The interested party may always order at its own cost the |! | practice of notification to a legal receiver.
In places and free public access enclosures |! | personal notification may be in any |! | day and at any hour, trying to cause a minor |! | discomfort to the notified.
In addition, personal service may be |! | on any given day, between six and twenty-two hours, |! | in the dwelling or place overnight where the notified, in the |! | place where ordinarily exercised its industry, |! | profession or employment, or inside the Court.
The judge may, for justified reasons, order that the |! | notification is carried out at different times to the |! | referred to in the preceding paragraph.
If the notification is carried out in working day, the |! | time limits begin to run from the zero hour |! | business immediately following.
Article 437.-in cases in which isn't |! | can practice personal, not to be notification |! | because the person who should be notified whenever |! | faith Minister responsible for the diligence set |! | What is your room or place where usually |! | exerts its industry, profession, or employment and, in the case of |! | natural person, who is in the place of the |! | judgment, what he shall recorded, shall be to his |! | notification in the same Act and without new |! | order of the Court, giving copies to be |! | referred to in first paragraph of the preceding article to |! | any adult person who is in the residence or |! | in the place where the person who should be notified |! | usually exercise their industry, profession or employment.
If, for whatever reason, this is not possible, the |! | notification will be looking, in a visible place, a notice |! | to give news of the demand, with exact specification |! | of the parties, regarding the cause, judge who knows of |! | She and resolutions that are reported. In the event the |! | room or place in which overnight person whom |! | You should be notified, or the one where he is usually his |! | industry, profession or employment, is in a |! | building or enclosure which are not allowed free access, the |! | notice and copies will be delivered to the doorman / caretaker |! | of the building, leaving testimony express this |! | circumstance.
The Minister of faith will give this notification to |! | both parties, on the same day in which it takes place or more |! | the latest the next working day, managing them letter |! | certified. Failure to send the letter not |! | It will invalidate the notice, but will head to the |! | offender for damages caused and the |! | Court, after hearing of the affected, should be |! | impose some measures that are designated in the |! | numbers 2, 3 and 4 of article 532 of the organic code of |! | Courts.
Article 438.-When demand is notified to a |! | worker in the place where ordinarily pay their |! | services, must always be performed in person, if |! | the place corresponds to the enterprise, establishment or |! | It operates that it depends on the employer with which litigated.
Article 439.-When demand should be reported to |! | person whose identification or address |! | difficult to determine or which by its number hinder |! | considerably the practice of diligence, the judge |! | You can have the notification is made through |! | the publication of a notice or by any suitable means |! | that guarantee the right to defence and principles |! | of equality and bilateralism of the audience.
If the notification is practiced by |! | warning, this will be published only once in the journal |! | Officer or another newspaper of national circulation or |! | regional, in accordance with the Court issued statement, |! | which will contain a summary of the demand and copy |! | full resolution issued on it. If the notice is |! | publish in the official journal, it will be free for |! | workers.
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.
Article 440-Resolutions that ordered the |! | personal appearance of the parties, which have not been |! | issued in the course of a hearing, shall notify |! | by registered letter.
Notifications by registered letter is |! | They shall be practiced to the fifth day following to the |! | date of delivery of the letter at the post office, |! | What shall be recorded.
For the purposes of practice notices |! | by registered letter to any place, all |! | complaining party shall designate, in his first performance, a |! | known within the urban limits of the |! | City in which operate the respective court and this |! | designation shall be deemed subsisting while not |! | another interested party.
With respect to parties that have not made the |! | designation referred to in the preceding subsection, the |! | resolutions which were notified by letter |! | certified will be the daily status, without |! | request part and without order of the Court.
Article 441-The remaining resolutions are |! | They shall be notified to the parties since that was |! | include in the State Journal.
Article 442-except the first notification to the |! | sued, the other may be undertaken, to |! | request of the party concerned, in electronic form or |! | by any other means to this point. In this case, |! | due evidence of having practised will be the |! | notification in the requested form.
Article 443-Incidents of any |! | nature should preferably be promoted in the |! | respective audience and resolved immediately. |!| Exceptionally, the Court may leave its resolution |! | for the final judgment.
Article 444.-in the exercise of its function |! | precautionary measures, the judge will Decree the measures deemed |! | necessary to ensure the result of the action, thus |! | as for the protection of a right or the |! | identification of the required and the singling out of |! | its heritage in terms sufficient to ensure |! | the amount claimed.
However, precautionary measures that judge |! | Decree must be proportional to the amount of the |! | trial.
The precautionary measures may be put into effect |! | before notifying the person against whom is |! | dictate, provided that there are serious grounds to do so and |! | so ordered by the Court. After five days without |! | which the notification is made, will be worthless the |! | event proceedings.
The precautionary measures may provide in |! | any State of processing of the cause even though |! | the demand is not answered or even before their |! | presentation, as harmful. In both cases is |! | You must always prove reasonably the Foundation and |! | the need for the right claimed. If filed |! | the demand to the respective court persisted the |! | circumstances that constituted grounds for their adoption, will remain |! | as precautionary. If non-submission of the demand in the |! | term of ten days from the date on which the |! | measure became effective, this will expire by right |! | and without judgment, leaving the |! | This only made responsible by applicant of the |! | damages that are caused. However, for reasons |! | founded and when he is accredited by the plaintiff the |! | impending term of the company or its manifest |! | insolvency, the judge may extend the measures |! | preliminary ruling precautionary by the reasonable period than |! | deems necessary to ensure the outcome of the dispute.
Having been notified demand function |! | injunction of the Court will understand the required |! | information from public bodies, companies or others |! | legal or natural persons any |! | antecedent contributing at the discretion of the judge to the |! | aim pursued.
Article 445.-in any decision which put an end |! | to the cause or resolve an incident, the judge shall |! | opinion on the payment of the costs of the |! | procedure, the procedural pricing and regulating the |! | personal, as appropriate.
When the worker has litigated with privilege of |! | poverty, personal coasts to whose payment is doomed |! | the counterpart will belong to the respective Corporation |! | Legal assistance, the lawyer on duty, or who |! | point to the law.
Paragraph 3 of the general application procedure article 446.-the demand is to be lodged by |! | written and shall contain: 1. the designation of the Court before whom is |! | engages;
2. the name, surname, address and profession u |! | trade of the plaintiff and where appropriate of persons |! | represent it, and the nature of the representation;
3. the name, surname, address and profession u |! | Office of the defendant;
4. the clear and lengthy exposure of the |! | facts and considerations of law that was |! | based, and 5. The enunciation precise and concrete of the |! | requests that are submitted to the decision of the Court.
The documentary evidence may be presented only 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.
Together with the demand may accompany |! | instruments and apply for proceedings for proof that |! | they may be necessary.
In matters of social security, when it demanded |! | a welfare or social security institution |! | should be accompanied by the final resolution of the respective |! | entity or of the audit institution accordingly, |! | to pronounce on the matter which is demanded.
When periods of contribution demanded of |! | unpaid social security, the judge of the cause to the |! | confer the transfer of the demand, it shall order the |! | notification thereof to the institution of |! | social security that corresponds to perceiving the |! | respective contribution. Such notification shall be effected to |! | through registered letter containing copy |! | full demand and relapse in her resolution |! | or a summary if they are very large.
Article 447.-The judge should declare ex officio |! | When it is deemed incompetent to know of the |! | demand, in which case so declare it, designated the |! | competent court, and send you the background.
If the data provided on demand are |! | the expiration of the action, it clearly complied the |! | Court shall declare it ex officio and shall cause a |! | processing the demand with respect to that action.
In matters of social security, or forecast the |! | judge allowed the claim to processing, only if the actor |! | It has complied with the provisions of the fourth subparagraph |! | of the preceding article, otherwise, it should be |! | flat reject that demand.
Article 448.-The actor can accumulate in your |! | all actions that remedies against demand of |! | a same respondent.
In the case of actions that correspond |! | processed according to different procedures, be |! | They shall deduct in accordance to the respective norms, |! | and if one dependent on the other, will not run the term for |! | exercise that even executed that is the failure of |! | this.
Article 449.-If the same court is |! | several lawsuits against a same defendant are under way and the |! | actions are identical, although the actors are |! | different, the judge ex officio or upon request of a party may |! | enact the accumulation of causes, whenever is |! | are in a State of processing and not |! | involves delay to one or more of them.
Requested the accumulation, shall be granted a period of |! | three days to the not requesting party so you expose thing |! | suitable on it. After this deadline, there or |! | non-response, the Court shall decide.
However, the judge will always have the Faculty of |! | desacumular causes.
Article 450.-The procedure regulated in this |! | Paragraph will be developed in two hearings, the first |! | high school and the second trial, in accordance with the |! | rules that are listed in the following items.
Article 451-Admited to processing demand, |! | the Court shall, immediately and without any further formality, |! | summon the parties to a preparatory hearing, setting |! | for this purpose, within thirty-five days |! | following the date of the resolution, the day and the |! | time for the meeting, and must mediate between the |! | notification of the demand and citation, and the celebration |! | the hearing, at least fifteen days.
The citation shall contain that audience |! | high school will be held with the parties attending, |! | affecting you that not all concur the |! | decisions handed down in it, without the need of |! | further notification. Shall also be indicated in the |! | citation parts, in such a hearing, shall |! | all means of proof that the Court draw |! | intend to enforce at the oral hearing of judgment, |! | as well as requiring the trial proceedings |! | relating to their claims, so the Court |! | examine its admissibility. 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 the demand.
Article 453.-at the preparatory hearing is |! | (aplicarán las siguientes reglas: 1) the 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. 2) completed the stage of discussion, the judge will call |! | the parties to conciliation, to which object should be |! | propose the basis for a possible agreement, without |! | opinions issued to the effect are causal of |! | disqualification. |!| Produced the conciliation, be it total or |! | partial, should be record it in the minutes |! | respective, which the judge and the parties will subscribe |! | estimating the reconciled as enforceable sentence |! | for all legal purposes.
Shall be dealt with separately, if necessary, the |! | collection of the resulting sums of conciliation |! | partial.
(3) Contestada demand, unless you have opposed |! | counterclaim or dilatory exceptions, or evacuated the |! | transfer conferred of have been lodged, the |! | Court will receive immediately the cause to test, when |! | This may be coming, noting the facts to be |! | tested. Against this resolution and that no |! | give place to it, only will be the resource of |! | replacement, which must stand and fail is de |! | immediate.
There is no substantial, relevant facts and |! | controversial, the Court shall terminate the |! | hearing and proceed to sentencing.
(4) the judge will resolve founded in the Act about |! | the relevance of the test offered by the parties, |! | being able to avail themselves of all those regulated by law. |!| The parties may also provide any other |! | element of conviction that, in the opinion of the Court, be |! | relevant.
Only tests that have relationship will be accepted |! | direct with the issue submitted to the knowledge of the |! | Court and provided that they are necessary for your |! | resolution.
However, lack of probative value and, |! | result, no can be appreciated by the tribunal |! | contributing parties and tests that you have |! | obtained directly or indirectly by unlawful means or |! | through acts involving infringement |! | fundamental.
REMOVED SUBSECTION |! |! |! | (5) the instruments display that has been |! | ordered by the Court shall be verified at the hearing |! | trial. When, without just cause, is omitted the |! | presentation of those who need to legally Act on |! | power of one of the parties, may be estimated proven |! | the allegations made by the other party in |! | relationship with the decreed test.
(6) fixed the date for the hearing of the trial, |! | which must be performed in a term non superior to |! | thirty days. Parties shall be referred to this |! | hearing by the single Ministry of law.
(7) be enacted measures precautionary which |! | It will come, unless they have decreed with |! | previously, in which case will be resolved if they are kept.
(8) the Court will dispatch all the citations and |! | trades that apply when you have ordered the |! | practice test that must occur in the |! | judgment hearing, require subpoena or request.
The resolution cite to acquit positions are |! | It must notify the event to the absolvente. The acquittal of |! | positions be only required once for each part.
The subpoena of witnesses must be practiced by |! | registered letter, which must dispense with to the |! | less eight days prior to the hearing, to the |! | address designated by each of the parties than |! | presents the testimonial.
Without limiting the foregoing, when you enact the |! | remission of crafts or the experts report, the judge |! | You can use any suitable media |! | or data transmission that allows early practice |! | of the proceedings, and must adopt measures |! | necessary to ensure proper receipt by the |! | required, leaving evidence of this.
When expert evidence, the report give up |! | respective must be put at the disposal of the parties |! | at the Court at least three days before the |! | celebration of the trial hearing. The judge may, |! | with the agreement of the parties, exempt the expert of the |! | obligation to attend to give evidence, |! | admitting the expert report in this case as |! | test. The statement of experts will take place of |! | According to the rules laid down for witnesses.
The Court will only result in request of |! | trades in the case require information |! | objective, relevant and specific facts |! | matter of judgment. When information is requested |! | respect of public entities, the office must |! | go to the office or division whose |! | jurisdiction have occurred the facts or be |! | record the background on which is requested |! | report. Persons or public or private entities to |! | those who contact the office shall be obliged to |! | dispose of it within the time limit fixed by the Court, which |! | in any case may not exceed three previous days |! | for the hearing of the trial, and in the manner laid down |! | This determined, having for that purpose |! | any suitable means of communication or transmission |! | data.
(9) in this hearing, the judge may |! | evidentiary proceedings, which must decreeing |! | be performed at the trial hearing.
(10) is lifted a brief Act of audience |! | 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.
Article 454.-in the trial audience was |! | (aplicarán las siguientes reglas: 1) trial hearing will start with the |! | tests ordered by the Court, accountability |! | starting with the one offered by the plaintiff and then with |! | that of the respondent.
Notwithstanding the above, in the judgments on |! | dismissal will be up first to the respondent the |! | surrender of the test, and must prove the veracity |! | the facts alleged in the communications to be |! | They concern the first and fourth subparagraphs of article 162, |! | without that you can claim at trial different facts as |! | supporting the dismissal.
The order of reception of evidence will be the |! | Next: documentary, confessional, testimonial and the |! | other media offered, without prejudice of the Court |! | You can modify it for cause.
(2) instrumental test challenge |! | accompanied should be made orally in the |! | high school or at the trial hearing.
(3) if the call to confess does not appear to the |! | hearing without good cause, or appearing is |! | he deny to declare or gives evasive answers, may |! | presumed to be effective, in relation to the facts object of |! | test, the claims of the opposing party in the |! | complaint or reply, as appropriate.
The subpoenaed person to acquit positions will be |! | forced to personally attend the hearing, to |! | less that specially appoint a representative for such |! | object, which if it represents the employer shall |! | It was one of the persons referred to in the |! | Article 4 of this code. The designation of the |! | representative shall be in writing and delivered to the |! | start of the audience, considering their statements |! | for all legal purposes as if they have been |! | made personally by the one whose presence is |! | It requested.
If the plaintiffs are several and is sought the |! | citation to confess at trial from many or all |! | them, the judge can reduce the number of people who have |! | to appear, especially when he considers that its |! | statements may be a useless repetition |! | on the same facts.
(4) the positions for the confessional test is |! | they will be formulated orally, without admission of spreads, and |! | they must be relevant to the facts upon which |! | It must be the test and expressed in clear terms and |! | precise, so that they can be understood without |! | difficulty. The Court, ex officio or at the request of |! | part, may reject questions not complying with |! | These requirements.
The judge may ask the absolventes the |! | questions it deems pertinent, as well as instruct them that |! | need or clarify their answers.
(5) witnesses may only declare before the |! | Court who knows the cause. Admitted to |! | declare only up to four witnesses for each party. In |! | case that it has ordered the accumulation of cars, the |! | number of allowed witnesses to testify will be determined |! | by the Court, and may in any case not exceed |! | four by each accumulated cause.
Exceptionally, and founded resolution, the |! | Court may extend the number of witnesses when de |! | According to the nature of the facts to be tested, |! | This is considered indispensable for a suitable |! | resolution of the trial.
The judge may reduce the number of witnesses from each |! | part, and even dispense with the testimonial evidence |! | when its manifestations may be useless |! | reiteration of facts sufficiently enlightened.
Witnesses shall declare under oath or promise of |! | tell the truth at trial. The judge, expressly and |! | prior to his statement, must inform |! | witness sanctions referred to in article |! | 209 of the Penal Code, by engaging in false testimony.
Stunned is can hardly witnesses.
Only at the opportunity referred to in number |! | 7 of this article, the parties may make the |! | observations that they deem appropriate with regard to their |! | personal circumstances of the veracity of its |! | manifestations.
The attendance of the witness to the audience of |! | judgment, shall always constitute sufficient justification |! | when their presence is required at the same time for |! | to comply with labour, educational obligations or |! | otherwise, and not cause him consequences |! | legal adverse under any circumstances.
(6) the Court and the parties may be made to the |! | witnesses questions that they deem necessary for the |! | clarify the facts about that versa the |! | trial. They may also require witnesses |! | clarify or require his sayings.
These questions may not be shaped |! | assertive, or contain elements of judgment to determine |! | the answer, nor refer to facts or circumstances |! | beyond the test object, what will qualify the |! | Court without any further formality.
(7) if the office or 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.
(8) when evidence that is not expressly surrenders |! | regulated in the law, the Court will determine the shape of |! | their incorporation into the trial, adapting it, as far as possible, |! | to most analog test medium.
(9) practiced on the test, the parties will be formulated, |! | orally, as brief and precise observations |! | who deserve them yielded evidence and its |! | conclusions.
(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...
However, if in the opinion of the judge any points not |! | sufficiently clarified, may order parties |! | It clarifies them.
Article 455.-at the end the audience is |! | extend the corresponding Act, which will comprise the |! | place, date and identification of the Court, of the |! | parties appearing, of their representatives and attorneys, and |! | in all other circumstances which the Court deems |! | It is necessary to incorporate.
Article 456.-The Court will appreciate testing |! | in accordance with the rules of sound criticism.
In doing so, the Court shall state the reasons |! | legal and simply logics, scientific, |! | techniques and experience, whereby assigned |! | value or dismiss them. In general, take especially |! | consideration the multiplicity, seriousness, precision, |! | Concordance and tests or background connection |! | the process that uses, so that the examination |! | lead logically to the conclusion that convinces to the |! | sentencing.
Article 457.-The judge may decide the ruling |! | at the end of the audience of trial or, in any case, |! | dictate it within the period of the tenth day, counted |! | from the realization of this, in which case will be mentioned to the |! | Parties to notify them of the ruling, setting date and time |! | to that effect, within the same period.
The Parties shall be notified of the |! | sentence, either in the trial hearing or in the |! | performance planned for this purpose, they have or not assisted to |! | them.
Article 458.-The final judgement is |! | It shall act on the actions and exceptions deduced |! | that has not been resolved previously and above the |! | incidents, if any, or only on these when they are |! | previous and incompatible with those.
Article 459.-The final sentence should be |! | contain: 1. date and place in which it is issued;
2. the complete individualization of parties |! | litigants;
3. a summary of the facts and allegations |! | of the parties;
4. the analysis of all the evidence that yielded, the |! | facts deemed proven and the reasoning that leads |! | This estimate;
5. the constitutional, legal precepts or the |! | contained in international treaties ratified by |! | Chile which are in force, the considerations |! | law and the principles of law and equity in |! | that the ruling is based;
6. the resolution of the issues subject to the |! | decision of the Court, with express determination of the |! | amounts ordered to pay or the necessary bases for its |! | liquidation, where appropriate, and 7.-the pronouncement on pay costs and, |! | where appropriate, the reasons that any court for |! | absolve of his payment to the losing party.
The sentence handed down at the preparatory hearing, |! | must only comply with the requirements of paragraphs 1, |! | 2, 5, 6 and 7.
Article 460.-If the judge who presided over the hearing |! | trial may not dictate judgment, one must |! | held again.
Article 461.-in case of being, the |! | statement of term shall be notified to the entities |! | Administrators of the respective security systems |! | social, in order that they make effective the |! | actions referred to in law No. 17.322 or the |! | Decree Law No. 3,500 of 1980, as appropriate.
Article 462-Once firm the sentence, which |! | It must certify the Court, ex officio and whenever |! | is not accredited their fulfilment within the term of |! | five days, will start its execution of trade by |! | the Court, in accordance with the provisions in the |! | following items.
Paragraph 4 of the enforcement of the judgment and execution of |! | labour executory titles article 463.-the filing of titles |! | business executives will take place ex officio and |! | written by the Court, to be passed to the effect the |! | resolutions and ordered the proceedings to be |! | necessary to do so.
Article 464. Labour Executive titles are: 1.-sentences them ejecutoriadas;
2. the transaction, conciliation and compromise than |! | comply with the formalities laid down in the law;
3. the settlements entered into by the worker and the |! | employer and approved by the Labour Inspector or |! | officials to whom the law empowers to act |! | as Ministers of faith in the workplace;
4. the minutes signed by the parties, and |! | authorized by the labour inspectors and to give |! | produced to these agreements record or |! | contain the recognition of a duty labor or |! | social security contributions, or their copies |! | certified by the respective labour inspection;
5. the original of the collective instruments |! | the work, with respect to those clauses that |! | contain liquid and currently enforceable obligations |! | and authentic copies thereof authorized by the |! | The labour inspection, and 6.-any other title that labor laws |! | or social security granted enforceable.
Article 465-in labor causes the |! | enforcement of the judgment is subject to rules |! | of this paragraph, and in the absence of express provision |! | in this text or in special laws, shall apply |! | supplementary rules of the 19th title of the book |! | First of the code of Civil procedure, provided that |! | This application does not infringe the principles that inform |! | the working procedure.
Article 466.-Once rendered the judgement and |! | expiry of the period referred to in article 462, the |! | Court ordered the enforcement of the judgment and thing |! | It shall be sent, along with their backgrounds, into fifth day |! | to the collection work and social security, court when |! | It is coming, so this continue with the |! | execution, in accordance with the rules of this paragraph.
Received the records by Court of |! | Collection work and social security, or certificate by the |! | Court which delivered the judgment which is |! | rendered, as the case may be, shall send without |! | further to the liquidation unit or the Officer pending |! | charge that is applicable to the liquidation of the |! | credit, whether it be by determining the amounts which reflect the |! | products to which has been sentenced or forced the defendant and, |! | where appropriate, to update them, applying the |! | You resets and legal interests.
Liquidation should be practised within third |! | day and shall be notified by registered letter to the |! | Parties, together with the requirement to the defendant so |! | pay within five days. In the event a |! | the execution has been carried out by a third party, the |! | notification must be performed on this shaped |! | staff.
Article 467-Initiated the execution, the Court, |! | ex officio or upon request of a party, may be ordered to the |! | Tesoreria General de la República, retaining of the |! | sums that concept of tax refund to the |! | income applicable to restore to the debtor, the amount |! | subject of the execution, with their readjustments, interests and |! | fines. This measure will have the character of precautionary measures.
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 according to the |! | Article 169 of this code.
Article 469-Notificada liquidation, the |! | Parties shall be within five days to object to it, |! | only if it appear that there are errors of calculation |! | numeric, alteration in the basis for calculation or elements |! | or incorrect application of indices of |! | adjustable or interest emanating from the organs |! | competent.
The Court will solve plane objection |! | raised, and can hear the opposite if it considers that the |! | background added to the cause are not enough |! | to issue a decision.
Article 470.-The party executed only may |! | oppose, within the period referred to in the |! | previous article, accompanying written history of |! | proper consistency, any of the following |! | exceptions: payment of the debt, remission, novation and |! | transaction.
The opposition move will be for three days to |! | the opposite and with or without your reply will be resolved |! | without further formalities, being the final judgment in the |! | only devolutive effect.
Article 471-if you have not paid within the time limit |! | designated for this purpose in the third paragraph of the article |! | 466, subject as provided in article 468, the |! | faith Minister appointed by the Court will proceed to |! | lock embargo on movable or immovable goods |! | sufficient for the full compliance of execution |! | and their costs, pricing prudently, |! | entering it as well on the Act of diligence, all this |! | without the necessary prior order of the Court.
If there was no opposition there is timely or has |! | been discarded, be ordered without any further formality do due |! | payment to the performer with the funds retained, seized |! | or cautelados. In your case, the embargoed assets will be |! | topped by no less than seventy-five figures by |! | cent in first auction pricing; the second |! | the minimum is 50 per cent of the value of the |! | pricing, and on the third there will be minimum. The performer |! | You can participate in the auction and win the goods |! | charged to the amount of your credit.
The procedures and proceedings of the procedure of |! | I apremio already indicated, will be fixed by the tribunal |! | as a result with the own principles of the |! | Labor judiciary and taking as a reference the rules |! | civil execution, in what are reconcilable with |! | These principles.
Article 472.-Decisions handed down in |! | the procedures covered by this paragraph shall be |! | final, except as provided in article 470.
Article 473.-in the case of executory titles |! | labour other than those listed in number 1 of the |! | Article 464, its enforcement will be governed by the |! | provisions listed below are designated and lack of |! | express norm, the provisions apply de |! | Titles I and II of the third book of the code of |! | Civil procedure, always which such application no |! | violates the principles that inform the procedure |! | labor.
Once dispatched execution, the judge shall |! | simply send the unit cause without further formality of |! | liquidation or officer, according to |! | concerned, to proceed to the liquidation of the |! | credit, which you must do inside third day.
Executive trials be practiced |! | personally the order for payment to the debtor and the |! | notification of settlement, but if there is no will |! | proceed in the way established in article 437, |! | in the copy this very concerning, to |! | most of the commandment, the designation of the day, hour and |! | place the Minister of faith set to practice the |! | requirement. Not going to this summons the |! | debtor, the embargo will lock immediately and without further |! | pending.
Otherwise, apply the rules contained in |! | Articles 467, 468, 469; the first paragraph of the article |! | 470, and second and third subparagraphs of article 471.
Paragraph 5 ° |! | Resources Article 474.-the resources will be 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 not put end to trial or |! | make 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 |! | In addition: |! | to) 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 |! | (para fallar de oficio que la ley expresamente otorgue, y 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 |! | the party 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 about |! | 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 |! | backwardness.
Paragraph 6 of the labour supervision article 485.-the procedure contained in this procedure |! | Paragraph shall apply with regard to issues |! | raised in the employment relationship by application of the |! | labour standards affecting fundamental rights |! | workers, being understood that these the |! | enshrined in the Constitution politics |! | Article 19, numbers 1, subsection first, always |! | that its violation is a direct result of acts |! | occurred in the employment relationship, 4 °, 5 °, regarding |! | inviolability of all forms of communication |! | private, 6th, first, paragraph 12, first paragraph, and 16th, |! | with regard to the freedom to work, the right to its |! | free choice and stipulations in its fourth paragraph, |! | When those rights are injured in the |! | exercise of the powers of the employer.
This procedure shall also apply for |! | of discriminatory acts concerning the |! | Article 2 of this code, with the exception of the |! | referred to in the sixth paragraph.
Means that the rights and guarantees which are |! | They concern the preceding subparagraphs are injured |! | When the exercise of the powers that the law you |! | the employer recognizes limited the full exercise of |! | those without sufficient, shaped |! | arbitrary or disproportionate or without respect to their |! | essential content. Similarly means the |! | reprisals carried out against workers, in |! | reason or as a result of the audit work of |! | Address of work or for the exercise of actions |! | judicial.
Filed protective action to be |! | regarding article 20 of the political Constitution, in |! | where applicable, shall be a complaint |! | in accordance with this paragraph, that standards be |! | refer to the same facts.
Item 486.-Any worker or organization |! | Trade Union, invoking a right or legitimate interest, |! | consider injured fundamental rights in the field |! | legal relationships whose knowledge |! | corresponds to the labour courts, it may require its |! | guardianship by means of this procedure.
When the worker affected by a lesion of |! | fundamental rights have initiated a compliance action |! | the rules of this paragraph, the trade union organization to |! | which is affiliated, directly or by |! | intermediate of his organization's top grade, you can |! | take part in the trial as an aid third.
Without limiting the foregoing, the Organization |! | Trade Union to which the worker is affiliated |! | whose fundamental rights have been violated, you can |! | filed complaint, and will act in such a case as part |! | main.
The Labour Inspectorate, at the request of the |! | Court, shall issue a report on the facts |! | reported. It may also be part in the |! | process.
If acting within the scope of their powers and |! | without prejudice to its audit powers, the |! | The labour inspectorate takes note of a |! | violation of fundamental rights, should denounce |! | the facts to the competent court and accompany such |! | denounces the corresponding audit report. |!| This report will serve as a sufficient requirement for |! | to start the processing of a process according to the |! | standards of this paragraph. The labour inspectorate may |! | take part in the trial for this cause is |! | them further.
Notwithstanding the provisions of the preceding paragraph, the |! | The labour inspectorate should carry out, in the form |! | prior to the complaint, mediation between parties to |! | end of exhausting the possibilities of correction of the |! | identified violations.
The complaint referred to in subparagraphs |! | above shall be brought within sixty days |! | counted since there is the violation of |! | alleged fundamental rights. This period shall be suspended |! | in the form referred to in article 168.
Article 487.-This procedure is limited to |! | the protection of fundamental rights referred to in the |! | article 485.
Doesn't fit, as a result, its accumulation with |! | shares of another kind or with identical claim |! | based on different bases.
Article 488.-The handling of these processes |! | you will enjoy preference with respect to all other causes |! | that it is processed before the same court.
The resources that will be resolved with equal preference are |! | stand.
Article 489.-If the infringement |! | fundamental to that subparagraphs refer first and |! | two of article 485, has occurred with |! | occasion of the dismissal, the active legitimization to obtain |! | his tutelage, by way of the procedure regulated in this |! | Paragraph, shall be exclusively responsible for worker |! | affected.
Complaint must be filed within the time limit of |! | sixty days is counted since the separation, which are |! | It will suspend in the manner referred to in the final subparagraph |! | Article 168.
If you invoked the complaint the judge will order the |! | the compensation referred to in subsection |! | fourth article 162 and established in the article |! | 163, with corresponding extra charge in accordance to thing |! | provisions of article 168 and, Additionally, a |! | compensation to be fixed by the judge, which no |! | You can be less than six months nor more than eleven months |! | the last monthly remuneration.
However, when the judge declared that the dismissal is |! | discriminatory for having infringed provisions in the |! | fourth subparagraph of article 2 of this code, and in addition |! | This is described as serious, by resolution |! | founded, the worker may choose between the |! | reinstatement or compensation referred |! | the previous paragraph.
If you opt for the compensation to be |! | refers to the previous paragraph, this will be fixed |! | incidentally by the Court who knows the cause.
The judge, in these processes, you can |! | require the audit report concerning the |! | fourth subparagraph of article 486.
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.
Article 490.-The complaint shall contain, in addition |! | General requirements referred to article |! | 446, the clear and precise statement of the facts |! | constituting the alleged violation accompanied |! | all the background on which it is based.
In the event that does not contain them, shall be granted a |! | fatal within five days for incorporation.
Article 491-Admited the complaint handling, |! | their conduct shall be governed by the procedure of |! | general application contained in the 3rd paragraph.
Article 492.-The judge, ex officio or at the request of |! | part, there will be, in the first decision handed down, the |! | suspension of the effects of the contested act, when |! | history accompanied the process that appears |! | injury is particularly serious or when the |! | alleged violation may cause effects |! | irreversible, that, under penalty of fine of |! | fifty to one hundred monthly tax units, which |! | You can repeat until proper enforcement of |! | the decreed measure. You must also do so in any |! | time, since you have such a history.
Against these resolutions shall not appeal |! | some.
Article 493.-When in the background provided |! | on the other hand complainant are sufficient evidence |! | that infringement has occurred |! | fundamental, the respondent shall explain the |! | Fundamentals of the measures adopted and of their |! | proportionality.
Article 494.-with the merit of the report of |! | control, where appropriate, of the above by |! | Parties and accompanied by other evidence to the |! | process, the judge will issue a ruling at the same hearing |! | or within the tenth day. Shall apply in these cases, thing |! | provisions of article 457.
Article 495.-The statement must contain, in its |! | problem-solving party: 1. the Declaration of existence or not of the lesion |! | alleged fundamental rights;
2. in affirmative case, shall order, persist |! | the antijuridico behavior to the date of enactment |! | the bug, its immediate cessation, under penalty |! | designated in the first paragraph of article 492;
3. the concrete indication of the measures which are |! | is the offender forced to obtain the |! | repair of the consequences of the |! | violation of fundamental rights under the |! | designated in subsection first warning of the |! | article 492, including compensation to |! | It will come, and 4. The application of fines to any, |! | in accordance with the rules of this code.
In any case, the judge must ensure that the |! | situation is roll to the State immediately |! | prior to produce the alleged violation and is |! | It shall not authorize any type of agreement that |! | hold harmless the harmful conduct of rights |! | fundamental.
Copy of this decision shall be sent to the |! | Work for your registration address.
Paragraph 7 of the order for payment procedure 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 of article 162; and Bates to |! | referred to in article 201 of this code, shall apply |! | the procedure which then is designated.
Article 497.-in case 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 |! | that you attend.
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 the 3rd paragraph of this title.
Article 499-if not conciliation arises |! | 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 article 500.-in the event that the judge deems |! | founded the claims of the plaintiff, to 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 |! | provisions of article 462 shall apply.
Article 501.-The Parties shall 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 article 502.-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.
17 replaced the article 474, which becomes |! | Article 503, by the following: ' article 503.-penalties for infractions to the |! | " labour and social security legislation and its |! | regulations, shall apply administratively by the |! | respective labour inspectors or by the |! | officials determined in regulation |! | corresponding. Such officials shall act as |! | Ministers of faith.
In all the procedures that the application results |! | sanctions, be governed by article 4 of this standard |! | Code.
The resolution that applies the administrative fine |! | It will be claimable in the lyrics of the labour judge, |! | within fifteen working days from its |! | notification. Such claim shall be addressed in |! | against the head of the Provincial inspection or communal to |! | which the officer who applied sanction belong.
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.
18 replaced article 475, which becomes |! | Article 504, which follows: "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 |! | of the present code."
19 replaced the numbering of Articles 476, 477, 478, bis 478, 479, 480, 481, 482 and 483, with the following: 505, 506, 507, 508, 509, 510, 511, 512 and 513, respectively.