Modifies Rules That Indicates Of The Labour Code And Article 9° Of The Law N ° 17.322

Original Language Title: MODIFICA NORMAS QUE INDICA DEL CODIGO DEL TRABAJO Y ARTICULO 9° DE LA LEY N° 17.322

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Insert the following second paragraph again, passing current subparagraphs second and third to be third and fourth " respectively: "the period referred to in the foregoing paragraph shall be suspended when, within this, the worker brought a claim by any of the grounds indicated, before the respective labour inspection. This period will continue running once completed this procedure before such inspection. However, in no case may be made to the Court within ninety days after the separation of the worker. "(, y b) substituted in the second paragraph, which becomes third subparagraph, the expression"previous section"by"first paragraph"."
2 adding, in article 170, then of the final dot (.), that happens to be followed dot (.), the following sentence: "This term will be applicable the provisions of the second paragraph of article 168.".
3.-replacements, in the letter e) article 420, the conjunction "and" and the comma (,) that precedes him, by a semicolon (;), and following this, the next letter f insert), new, passing the current letter f) to be letter g): 'f) trials in which is intended to give effect to the liability of the employer for occupational accidents or occupational diseases ", with the exception of the non-contractual liability which will be applicable the provisions of article 69 of the law N ° 16.744, and".
4 Insert, then of article 428, following article 428 bis, new: "article 428 bis.-corresponds to the legal Secretary of the labour courts process the Executive lawsuits and incidental procedures of enforcement of the judgment, that must know these courts." To this effect, should dictate all resolutions coming until the cause is in a State of failure, including interlocutory judgments that do not stop the trial or make impossible its continuation. The legal judge shall dictate the final judgments and interlocutory judgments stop the trial or making its continuation impossible.
The judge, in any case, can always intervene in such procedures when deemed necessary.
The resolutions issued by the clerk of the Court in accordance with the powers granted the first subsection, shall be authorized by the official first court or who exercises duties. "."
5 replace the third subparagraph of article 430, by the following: "in the places and sites of free public access, personal service can be made on any day and at any time, to cause the least discomfort to the notified." Executive trials, the order for payment in public may not be, and have notified the demand in a place or venue of free public access, will be the N ° 1 ° of article 443 of the code of Civil Procedure provisions.
In addition, the notification may be on any given day, between six and twenty-two hours, in the abode or place overnight where the notified the premises where it ordinarily carries its industry, profession, or employment, or in any enclosure that is private in that it is and which allow open access to the Minister's faith.
If the notification is carried out in working day, periods shall commence to run from the zero hour of the working day immediately following. The time limits be increased in accordance in article 259 of the code of Civil procedure.
Also, they are working for the office of the Secretary, the House that serves for office of the tribunal and the office or office of the Minister of faith who practice the notification notification. Judges do not may, however, be notified that perform their functions in-house. "."
6 article 431, replaced by the following: "article 431-if sought on two different days in your room, or in the place where normally exerts its industry, profession or employment, is not because the person who should be notified, will be that it is in the place of judgment and which is your abode or place where he is your industry" profession or employment, for checking these circumstances the proper certification of Minister of faith.
Established two facts, the Court will order that notification is done by delivering the copies referred to subsection first article 430 to any adult person who is in the residence or at the place where the person who is going to notify exerts its industry, profession or employment. If no one there, or if for any reason it is not possible to deliver these copies to people who are in those places, shall be fixed at the door a notice giving news of the demand, with exact specification of the parties, regarding the cause, judge referred to therein and the resolutions that are reported. If the abode or place where overnight or place where usually exerts its industry, profession or employment, is in a building or enclosure which are not allowed free access, notice and copies they will be given to the goalkeeper or Manager of the building or enclosure, leaving witness expressly this circumstance. Faith Minister shall give notice of this notice, to both parties, on the same day in that it is carried out, or at the latest the next working day, managing them certified mail.
The provisions of this article shall not apply to the case of notification referred to in article 432. "."
7 insert, in subparagraph first of Article 434, between the word "instance" and the conjunction "and", the following phrase preceded by a comma (,): "the resolution that receives the cause to test".
8 delete the final subparagraph of article 435.
9.-amending Article 442, as follows: a.) replaced, in its first paragraph, the comma (,) contained the words "proof" and "set" by the conjunction "and" and delete the final phrase "and shall decide on proceedings for trial who had requested the parties", and b) replace, in its final paragraph, the expression "by the daily State", by the words "by order".
10.-amending article 443, as follows: a) replace your third paragraph by the following: "Similarly, in the same letter must be requested the acquittal of positions, and accompanied or request display of all the documentary evidence that had failed before.", and b) add the following new fourth subsection: "remission of trades, reports from experts and personal inspection of the judge , may be requested in the letter referred to in the preceding subparagraphs or in the hearing test, at the option of the party concerned. "."
11.-amending article 444, in the following form: a) added, in its third paragraph, then of the separate dot (.), that happens to be followed dot (.), the following sentence: "the documentary evidence referred to in this subsection is the ordinate display according to the provisions of the third subparagraph of article 443.", and b) replace your fourth subparagraph by the following : "Whenever it reached not to surrender the test the day fixed for the hearing, the Court will continue to receive it the next business day, and where this is not possible in the next days to completion.".
12 article 448, replaced by the following: ' article 448.-the Court only will to request trades, when concerned require objective information about the facts matter of judgment and is requested with respect to public authorities or representatives of institutions or private or public companies. " The craft must specifically declare the facts on which the report is requested.
Dealing with requests for trades to enter the Court, this must have his office immediately to individuals or public or private entities required, who will be forced to evacuate the answer within the time that the effect set the Court, which in any case may not exceed 30 days. At the request of the party that requests it or the person or entity required, the deadline for evacuating nursing may be extended by the Court when there are well-founded background that do so. If the term indicated the trade has not been evacuated, the Court shall prescribe a period of five days for delivery, under penalty of arrest.
The same term, the possibility of its extension and the penalty indicated in the preceding paragraph shall apply to the experts, in relation to their reports, since the acceptance of their role. "."
13 adding, in article 480, following final, new subparagraph: "However, the interposition of an administrative claim duly notified to the Labour Inspectorate respective, within the deadlines set out in the first, second and third subparagraphs, suspend also prescription, where the claim expressed in this claim is equal to which be deducted in the corresponding judicial action emanate from the same facts, and is referred to the same people. In these cases, the period of limitation will continue running completed be the procedure before such inspection and in no case exceed one year following the term of services. "."