In accordance with the authorization provided for in Article 1. of Law 7/1989, of 12 April, of Bases of Labor Procedure, on the proposal of the Minister of Justice, with hearing of the Trade Unions and Business Associations representative, following the report of the General Council of the Judiciary, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 27 April 1990,

DISPONGO:

Single item.

The attached text of the Law of Labor Procedure is approved, in accordance with the principles and criteria contained in the Law of Bases 7/1989, of April 12.

This text will enter into force two months after the date of its publication in the "Official State Gazette".

REPEAL PROVISION

The recast text of the Law of Labor Procedure, approved by Royal Legislative Decree 1568/1980 of June 13, as well as the amending provisions thereof, is hereby repealed.

Given in Madrid to April 27, 1990.

JOHN CARLOS R.

The Minister of Justice,

ENRIQUE MUJICA HERZOG

ARTICULATED TEXT OF THE LABOR PROCEDURE ACT

BOOK FIRST

General Part

TITLE FIRST

From the exercise of jurisdictional power

CHAPTER FIRST

From the jurisdiction

Article 1. º

The courts of the social order will know of the claims that are promoted within the social branch of the law in both individual and collective conflicts.

Art. 2. º

The courts of the social order will know of the contentious issues that are promoted:

(a) Between employers and employees as a result of the employment contract.

(b) In the field of Social Security, including unemployment protection.

c) In the application of the systems of improvements to the protective action of Social Security, including pension plans and insurance contracts provided that their cause derives from a contract of work or Collective Agreement.

(d) Between the partners and the Mutualities as well as between the Labour Foundations or between them and their beneficiaries on the fulfilment, existence or declaration of their specific obligations and rights of a patrimonial nature, related to the purposes and obligations of these Entities.

e) Against the State, when it is assigned responsibility for labor legislation.

f) Against the Salarial Guarantee Fund, in cases where the labor legislation is attributed to it.

g) On the constitution and recognition of the legal personality of the Trade Unions, the challenge of their Statutes and their modification.

(h) In matters of the specific legal status of the Trade Unions, both statutory and statutory, with regard to their internal functioning and relations with their affiliates.

i) On the constitution and recognition of the legal personality of the business associations in the terms referred to in the repeal of the Organic Law 11/1985, of 2 August, of Freedom of Association, impeachment of its Statutes and its amendment.

j) On the responsibility of Trade Unions and business associations for infringement of the rules of the social branch of law.

k) On the protection of trade union freedom rights.

l) In collective conflict processes.

m) On the challenge of Collective Conventions.

n) In processes on electoral matters.

or) Among the cooperative societies of work associated or anonymous workers and their working partners, because of their condition of such.

p) Regarding any other issues that are attributed to them by rules with a range of Law.

Art. 3. º

They will not know the courts of social order:

(a) Of the pretensions that are about the challenge of the acts of the Public Administrations subject to the administrative law in labor matters.

(b) of the decisions given by the General Treasury of Social Security in matters of management of tax revenue or, where appropriate, by the managing entities in the case of joint collection fees.

(c) The protection of the rights of freedom of association and the right to strike in respect of civil servants and the staff referred to in Article 1.3.a of Law 8/1980 of 10 March of the Staff Regulations.

CHAPTER II

From the competition

Art. 4. °

1. The jurisdiction of the courts of the social order shall be extended to the knowledge and decision of the preliminary and preliminary questions not belonging to that order, which are directly related to those conferred on it, except for provided for in paragraph 3 of this Article.

2. The preliminary and preliminary questions will be decided in the judicial resolution that will end the process. The decision that is given will not produce an effect outside the process in which it is delivered.

3. Until such time as the competent judicial body resolves them, criminal proceedings shall suspend the time limit for taking due decision only when they are based on documentary falsehood and their solution is absolutely essential to dictate it.

4. The suspension of the execution for the existence of a preliminary criminal case shall only proceed if the documentary falsehood on which it is based has been produced after the establishment of the executive title and shall be limited to the executive proceedings. directly conditioned by the resolution of that.

Art. 5. º

1. If the courts are not competent to hear the claim on the grounds of the matter or the function, the act followed by their submission shall give a declaration of order and prevent the claimant from whom and how he may make use of the your right.

2. The same declaration shall be made when the judgment is delivered, if they are not competent, and shall refrain from entering into the knowledge of the substance of the case.

3. The declaration of office of incompetence in the cases of the two preceding paragraphs shall require prior hearing of the parties and of the three-day Joint Fiscal Ministry.

4. Against the declaration of incompetence, the resources provided for in this Law may be exercised.

Art. 6. º

The Courts of the Social will know in a single instance of all the processes attributed to the social order, except those mentioned in the articles 7. º and 8. of this Law.

Art. 7. º

The Social Rooms of the Supreme Courts of Justice will know:

(a) In a single instance of the proceedings on the matters referred to in paragraphs (g), (h), (i), (k), (l) and (m) of Article 2. (a) where they extend their effects to a territorial area higher than that of the district of a Court of the Social and not superior to that of the Autonomous Community, as well as of all those who expressly attribute the laws to them.

b) Of the resources of supplication established in this Law against the resolutions handed down by the Courts of the Social of his constituency.

c) Of the questions of competence that arise between the Courts of the Social of your constituency.

Art. 8. °

The Social Room of the National Court will know in a single instance of the processes referred to in paragraphs (g), (h), (i), (k), (l) and (m) of Article 2. an Autonomous Community.

Art. 9. º

The Social Room of the Supreme Court will know:

(a) Of the appeals established in the Law.

b) The review appeal against firm judgments handed down by the courts of the social order.

(c) Of the questions of jurisdiction raised between bodies of the social court which do not have another common hierarchical superior.

Art. 10.

The jurisdiction of the Courts of the Social will be determined according to the following rules:

1. The place of supply of services or that of the defendant's domicile shall be generally judged by the competent court, at the discretion of the claimant.

If the services are to be provided in places of different territorial constituencies, the worker may choose between those of them in which he has his domicile, that of the contract, if found in the defendant could be cited, or the address of the defendant.

In the event that multiple defendants are in demand, and will be optioned by the home court, the actor will be able to choose that of any of the defendants.

In the case against the Public Administrations it shall be judged competent to the place of supply of the services or that of the domicile of the plaintiff, at the choice of this one.

2. In the processes indicated in the following paragraphs, in each case, the competent court shall:

(a) Where they deal with the matter referred to in Article 2 (b), the person in whose constituency the decision is taken, expressed or presumed, contested in the proceedings, or that of the applicant's domicile, to choice of this.

(b) Where they relate to the matters referred to in Article 2 (c) and (d), the address of the defendant's domicile or that of the claimant, at the choice of the defendant, except in the case of proceedings between Mutual Insurance shall govern the defendant's jurisdiction.

(c) In the case of a claim for processing wages against the State, the one who issued the dismissal sentence.

(d) Where they relate to the matters referred to in paragraphs (g) and (i) of Article 2, the seat of the Union or the business association.

(e) Where they deal with the matter referred to in paragraphs (h) and (j) of Article 2, the place where the effects of the act or acts which gave rise to the process occur.

(f) In which they deal with the matter referred to in Article 2 (k), the place where the injury occurred in respect of which the guardianship is demanded.

g) In the electoral processes regulated in Section II, Chapter V, Title II of book II of this Law, that of the place in whose constituency the Company or work centre is situated; and if the centres are located in municipalities different courts, in which different Courts are exercised, with the unit of the Enterprise Committee, the place where the electoral table was initially constituted.

(h) In the case of the challenge of collective agreements and of collective conflicts, that of the constituency concerned with the scope of application of the contested convention or in the event of the effects of the conflict, respectively.

Art. 11.

1. Territorial jurisdiction for the knowledge of the processes attributed in instance to the Chambers of the Social of the Supreme Courts of Justice shall correspond:

(a) In the case of collective disputes or the challenge of collective agreements, the Court of Justice in which the effects of the conflict occur or the effects of the conflict to which the area of application of the conflict is extended clauses of the contested Convention, respectively.

(b) Where they deal with the matter referred to in paragraphs (g) and (i) of Article 2., to that of the Court in whose constituency the Union and the Business Association are based.

(c) Where they deal with the matter referred to in Article 2 (h), to that of the Court in whose constituency the effects of the act or acts which gave rise to the proceedings occur.

(d) Where they deal with the matter referred to in Article 2 (k), to that of the Court in whose constituency the injury to which the protection is demanded occurs.

2. Where there are several Social Chambers in the same High Court, the territorial jurisdiction of each of them shall be determined by application of the rules laid down in the preceding number, referred to the territorial division of the Room.

3. In the event that the effects of the contested issue are extended to the constituencies of several Chambers, without exceeding the territorial scope of an Autonomous Community, it shall be aware of the corresponding rules according to the rules of distribution which the effect has approved. the Governing Board of the High Court of Justice.

CHAPTER III

Of competition conflicts and competition issues

Art. 12.

The conflicts of jurisdiction between the courts of the social order and those of other orders of the Jurisdiction shall be governed by the provisions of the Organic Law of the Judiciary.

Art. 13.

1. Questions of jurisdiction between judges and subordinate courts may not be raised with each other, in respect of the provisions of Article 52 of the Organic Law of the Judiciary.

2. Questions of jurisdiction arising between organs of the social order of the Jurisdiction shall be decided by the common superior immediately.

Art. 14.

The competition issues will be substantiated and will be decided subject to the provisions of the Civil Procedure Act, except as provided in the following rules:

a) The declinings will be proposed as a pertory exception and will be settled in advance in the judgment, without suspending the course of the cars.

If the declinatory is estimated, the plaintiff may deduct its claim to the territorially competent body, and if the action is subject to an expiry period, it shall be deemed to be suspended from the filing of the application. until the judgment that considers the declinatory is firm.

(b) Inhibitory form, the organ before which it is raised shall communicate it as quickly as possible to the body before which the process is punishable, which shall suspend its processing as a result of the process.

Once the order in which the request for inhibition is declared has been established, it will be communicated as quickly as possible to the body that knew about the process, which will raise the suspension and continue its processing.

If it is apparent from the action that the approach to the question had an exclusive delaying purpose, in the judgment in which it is declared that there is no place in the order for the inhibition, it will be used in a reasoned manner to the fine provided for in Article 97.3.

CHAPTER IV

Abstention and recusal

Art. 15.

1. Abstention and recusal shall be governed by the provisions of the Organic Law of the Judiciary.

2. The recusal shall be proposed:

a) In instance, prior to the conclusion of the acts of conciliation and trial.

b) In resources, before the day marked for voting and failure, or, if applicable, the view.

3. The recusal proposition will not suspend execution.

TITLE II

Of the procedural parts

CHAPTER FIRST

Of capacity and procedural legitimisation

Art. 16.

1. They shall be able to stand trial in defence of their legitimate rights and interests who are in the full exercise of their civil rights.

2. They shall be in a procedural capacity in respect of the legitimate rights and interests arising from their employment contracts and the social security relationship, workers aged 16 and over and under the age of 18, where they do not legally require conclusion of the contract of employment authorization of his parents, guardians or of the person or institution who is in charge of them, or have obtained authorization in accordance with the labour law to hire their parents, guardians of the person or Institution that has them in charge.

3. In the cases provided for in the preceding number, workers over the age of 16 and under 18 shall also have a procedural capacity in respect of rights of a union and representation nature.

4. For those who do not engage in the full exercise of their civil rights, they shall compare their legitimate representatives or those who must supply their incapacity in accordance with the law.

5. Legal persons will appear legally to represent them. The communities of goods and groups will compare those who appear as organizers, directors or managers of the same.

Art. 17.

1. The holders of a subjective right or a legitimate interest may exercise actions before the courts of social order, in the terms laid down in the Laws.

2. Trade unions and employers ' associations will have the right to defend the economic and social interests of their own.

CHAPTER II

Of procedural representation and defense

Art. 18.

1. The parties may be represented by themselves or confer their representation to the Attorney General, the collegiate Social Undergraduate or any person who is in the full exercise of their civil rights. Representation may be conferred by a court of law or public deed.

2. In the event of the representation of a lawyer, the procedures provided for in Article 21.3 of this Law must be followed.

Art. 19.

1. In cases where more than 10 actors are jointly sued, they shall appoint a common representative, with whom the following steps shall be taken. This representative must necessarily be a lawyer, an attorney, a collegiate social graduate, one of the plaintiffs or a union. Such representation may be conferred by an appearance before the Registrar, by public deed or by appearance before the administrative department which has the powers of conciliation, mediation or arbitration or the body that assumes these functions. The appropriate document for granting this representation must be provided in conjunction with the application.

2. Where the Court or Court, in accordance with Article 33, agrees, on its own initiative or at the request of a party, on the accumulation of orders corresponding to several applications filed against the same defendant, thereby affecting the proceedings of more than 10 actors, require the appointment of a common representative, which may be the responsibility of any of the subjects mentioned in the previous issue. To this end, together with the communication to the actors of the resolution of cumulation, he shall be summoned to appear before the Registrar within the four days following the appointment of the common representative; if the day of the If any of the above is not attended, the appointment of the common representative shall be made, it being understood that the person who does not appear accepts the appointment made by the remainder.

3. In any event, any of the applicants may express their justified wishes to appear in themselves or to appoint a representative of their own, differentiated from the one appointed jointly by the other actors.

Art. 20.

1. Trade Unions may act in a process in the name and interest of workers who are affiliated with them, thereby authorizing them, defending their individual rights and bringing the effects of that action to such workers.

2. In the application, the Union will have to prove the worker's membership status and the existence of the communication to the worker of his will to initiate the process. The authorisation shall be presumed to be granted, unless the worker is a member. In the event that this authorisation has not been granted, the worker may require the Union to bear the responsibility, which must be decided in an independent working process.

3. If at any stage of the proceedings the worker shall, in the presence of a judicial presence, express that he had not received the communication from the Union or that he had received it, he would have refused the authorization to act on his behalf, the Judge or the Court, after hearing of the Union, will agree the file of the actions without further processing.

Art. 21.

1. The defence by lawyer shall be optional in the case, with the exception of the following, but may be used by any of the litigants, in which case the payment of the fees or duties shall be taken into account respective, with the exceptions set out in Article 25 of this Law.

2. For workers and beneficiaries of the public social security scheme, the appointment of a lawyer may be voluntary or ex officio.

3. If the claimant is seeking to appear in the case of a lawyer or represented by a lawyer or a collegiate social graduate, he shall record it in the application. The defendant shall also bring this circumstance to the notice of the Court or Tribunal in writing, within two days of its summons for the judgment, with the object that the actor may be represented in such a way as to be represented. by registered office or registered office, appoint a lawyer in another equal term or apply for his appointment through the office of office. Failure to comply with these requirements implies the waiver of the right to avail himself in the act of judgment of Attorney, Procurator or Collegiate Social Graduate.

4. If, in any other action, different from the act of judgment, any of the parties intend to act assisted by Lettado, the Judge or Court shall take appropriate measures to ensure the equality of the parties.

5. The application for the appointment of a lawyer by the workers ' office and the beneficiaries of the public social security scheme shall entail the suspension of the time limits for the expiry or the interruption of the prescription of shares, and the cessation of the course of the cars, if any.

Art. 22.

1. The representation and defense of the State and its autonomous organizations, of the Constitutional Bodies, of the Autonomous Communities, of the Local Entities and other public entities shall be governed by the provisions of Article 447 of the Organic Law of the Judiciary and other implementing rules.

2. The representation and defence of the Management Entities and the General Treasury of Social Security shall be the responsibility of the Letters of the Administration of Social Security, without prejudice to the fact that for certain cases the representation in accordance with the general rules of Article 18 or to appoint a lawyer to that effect.

CHAPTER III

From the intervention and call to judgment of the Salarial Guarantee Fund

Art. 23.

1. The Salarial Guarantee Fund may appear as part of any phase or moment of its processing, in those processes from which a liability for the payment of wages or compensation to workers may be subsequently derived. litigants, without such intervention pushing back or stopping the course of action.

2. In cases of undertakings which are engaged in proceedings against them, as well as those already declared insolvent or missing, the Judge, on his own initiative or at the request of a party, shall, as a party, cite the Salarial Guarantee Fund, giving him the right to transfer the claim. that it can assume its legal obligations to call for what is appropriate in law.

3. In the proceedings against the Wage Guarantee Fund under the labour law, the statements of fact contained in the file and on which the resolution of the matter has been based shall make faith, except in the case of proof in

Art. 24.

1. If the payment of the benefits legally provided by the Guarantee Fund has occurred before the beginning of the execution, at the time of the latter, in subrogation of the rights and actions of the workers appearing in the title (a) the payment of the sums paid must be credited to the executive, and that they correspond, in whole or in part, to those recognised in the title.

2. Issued, the following shall be entered in the order of the subrogation produced, notifying the workers concerned or their representatives, to whom, if they are able to keep credits derived from the title itself against the Company executed by the not satisfied by the Fund, they shall be offered the possibility of constituting as executants within a maximum of 15 days until the time of payment of the quantities obtained if, if they are insufficient, they are intended to be paid or prorrata with the Fund of the respective amounts of their claims.

CHAPTER IV

From the benefit of free justice

Art. 25.

1. With the exceptions provided for in this Law, justice shall be administered free of charge until the execution of the judgment.

2. The workers, the beneficiaries of the public social security scheme, those who prove insufficient resources to litigate and have obtained the appropriate judicial recognition, as well as all those who have recognized this right by any provision of the State or international conventions forming part of the internal order shall enjoy the right to appoint a lawyer for the office of office, without obligation to pay fees, being exempt from making the deposits and the consignations that are necessary for the interposition of any resource.

Art. 26.

1. Recognition of the right to litigate free of charge in the terms of the previous article shall be carried out by the judicial body to which the knowledge of the main subject corresponds, without its application producing the suspension of the latter. The application, which shall be accompanied by the supporting documents in order to assess the applicant's income or resources, shall be submitted to the parties and to the Advocate of the State within five days of the date of receipt of the request. the appearance of the oral proceedings provided for in the ordinary procedure. The hearing shall be held, the Judge or the Court shall give judgment within three days, against which no appeal shall be lodged.

2. Judgments recognizing or denying the right to litigate free of charge do not produce the effects of res judicata.

TITLE III

Of The Cumulative

CHAPTER FIRST

From the accumulation of actions, cars, and resources

Section first. Accumulation of actions

Art. 27.

1. The actor will be able to accumulate in his/her claim how many actions he/she is responsible for against the defendant, even if they come from different titles.

2. However, without prejudice to Articles 32 and 33 of this Law, they shall not be able to accumulate in the same judgment, even by way of counterclaim, the dismissal, the termination of the contract of employment of Articles 50 and 52 of Law 8/1980, of the Workers ' Statute, those dealing with electoral matters, the challenge of collective agreements, the articles of impeachment of the trade unions and the protection of trade union freedom and other rights fundamental.

3. Nor shall the claims on social security be cumulated with each other, except where they have the same cause of appeal.

Art. 28.

1. If actions are taken unduly, the Judge or the Court shall require the claimant to remedy the defect within four days by choosing the action he intends to take. In case you do not do so, the file of the lawsuit will be agreed upon, the resolution being notified.

2. However, in the case of a dismissal claim to which another action would have been taken, even if the actor does not opt, the termination of the dismissal judgment will be followed and the other cumulative action will be taken for not being formulated. the plaintiff of his right to exercise it separately.

Section 2. Accumulation of cars

Art. 29.

If several lawsuits against the same defendant are dealt with in the same Court or Court, even if the actors are different, and the same actions are exercised, they may be agreed, either on their own initiative or at the request of a party, accumulation of the cars.

Art. 30.

If, in the case of the previous article, the demands were placed before two or more Courts of the Social of the same constituency, the accumulation of all of them, either on their own initiative or at the request of a party, may also be agreed upon. Such a request shall be made before the Judge who knew of the claim which had entered the Register before.

Art. 31.

To the processes of trade initiated by virtue of the communication of the Labour Authority regulated in Article 145 of this Law, the individual demands in which identity are present will be accumulated according to the above rules. of persons and of the cause of asking for the demand for trade, even if they are in different Courts of the same constituency.

Art. 32.

When the worker makes demands for any of the causes provided for in Article 50 of the Workers ' Statute and for dismissal, the claim that is subsequently promoted will be accumulated at the first of its own motion or at the request of any of the parties, and all questions raised in one trial should be discussed. For these purposes, the worker must state in the second application the pendency of the first trial and the Court of First Case.

Section 3. Resource accumulation

Art. 33.

In the Social Rooms of the Supreme Courts of Justice and the Supreme Court, the accumulation of pending resources may be granted on their own initiative or at the request of a party, when there is an identity of object and any of the parties, after hearing of the parties in any case and the Ministry of the Prosecutor's Office in the appeals.

Section 4. Common provisions

Art. 34.

1. The accumulation of shares and cars shall be made and agreed before the conclusion of the acts of conciliation, where appropriate, and of judgment, unless it is proposed by way of counterclaim.

2. The accumulation of resources may be agreed upon at any time prior to the vote and judgment and, where appropriate, seen.

3. The accumulation of cars may be granted without effect in respect of one or more of them, if there are grounds for their separate processing.

Art. 35.

The accumulation of actions, cars and resources where appropriate will produce the effect of jointly discussing and resolving all issues raised in a single resolution.

CHAPTER II

From the accumulation of runs

Art. 36.

1. In the execution of judgments and other executive titles against the same debtor and the same body, it may be made available to the same body or at the request of the same body, in accordance with the terms laid down in this Law.

2. The same rule shall govern the executions followed against the same debtor and the Social Courts other than the same or a different constituency.

Art. 37.

1. Where the shares exercised tend to obtain the delivery of a quantity of money and there are indications that the assets of the debtor or debtors may be insufficient to satisfy all the appropriations to be executed, the accumulation of executions, either on their own initiative or at the request of a party, to be followed before the same Court, or at the request of a party, to hear from

.

2. In other cases, the court or tribunal may, on its own initiative or at the request of a party, decide, if appropriate, on the basis of economic and connection criteria between the various obligations to be implemented.

Art. 38.

1. The accumulation shall be decreed, where appropriate, by the court which has previously initiated the execution, which shall also be responsible, in accordance with the terms laid down in this Law, to take all necessary measures for the effectiveness of the cumulative runs.

2. If the executions whose cumulation is sought shall be dealt with in the case of judicial bodies in a different constituency, and where the majority of the workers and the appropriations concerned are not included and the priority is given to the greater part of the assets of the common debtor, the accumulation shall be delayed, where appropriate, by the court or tribunal which, with priority, has, however, attached to the entire or greater part of the goods concerned.

Art. 39.

1. The incident of cumulation may be considered by or before the court competent to decree the accumulation of the executions, in the terms set out in the previous article, either on its own initiative or at the request of either party.

2. If the cumulation is to be estimated, the court will order the parties to order the court to order the executions to be sent to the judicial bodies before which they are dealt with.

3. If the required Judge deems the requirement to be appropriate, he will dictate to do so and agree to the referral of the action.

4. In the case of a mandatory accumulation laid down in Article 37.1 of this Law, if the Judge competent to decree the cumulation is deemed to be inappropriate or if the requested Judge does not agree to it, after issuing the corresponding order, it shall raise then to the Social Chamber of the High Court of the Court of First Instance of the Court of First Instance of the Court of Justice of the European Communities of the Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice of the European Communities The report is a very important one, and I refer, if I have not yet spoken. The Chamber shall decide on the origin of the cumulation and shall determine the Court of jurisdiction to hear the executions.

Art. 40.

The incident of accumulation shall not suspend the processing of the executed executions, except for the actions relating to the payment to the performers of the quantities obtained after the approach of the said incident.

Art. 41.

1. Cumulation may be required or agreed until the obligation to be executed is fulfilled or until the insolvency of the execution is declared as appropriate.

2. The cumulation does not alter the preferences that the various creditors can legally hold in order to recover their claims.

TITLE IV

Of the procedural acts

CHAPTER FIRST

Of the procedural actions

Art. 42.

Judicial actions must be authorized by the Secretary or by the Administration of Justice Officer to whom he or she is entitled to legally replace him.

Art. 43.

1. Court proceedings must be carried out in working days and hours.

2. The action shall be taken within the time limit set for its practice. After these, the appropriate course will be given to the process.

3. With the exception of the time limits for issuing a judicial decision, all time and time periods are permanent and unextendable, and may only be suspended and opened again in cases taxatively established in the Laws.

4. The days of August shall be non-working, except in the case of procedural arrangements for dismissal, termination of the contract of work of Articles 50 and 52 of the Staff Regulations, holidays, electoral matters, collective conflicts, disputes Collective agreements and protection of trade union freedom and other fundamental rights.

These days will also not be indefable for the actions that directly tend to ensure the effectiveness of the claimed rights or those of those that, if not adopted, can produce a loss of difficult repair.

5. The Judge or Court may enable working days and hours for the practice of proceedings where it is not possible to practise them in a working time, or are necessary to ensure the effectiveness of a judicial decision. A working time performance can be continued until completion without the need for enablement.

6. For the purposes of the period for bringing proceedings, where an official party of a local or regional character is involved in the proceedings, it shall be recorded as a matter of diligence.

Art. 44.

The parties will have to present all the documents and documents in the Records of the Courts and Chambers of the Social.

Art. 45

1. The filing of written documents or documents on the last day of a period may be made before the Court of Guard of the seat of the competent Court or Social Chamber, if it takes place in hours in which the Register of Entry of such documents is not opened. organs. To this effect, the time must be expressed in the timely diligence of the Court of the Guard, and the person concerned must be aware of this at the Court or the Social Room the following day, by the most appropriate means of communication. fast.

2. In the islands in which the Courts of the Social Courts are not based, the filing of written documents and documents may be effected, under the same conditions as in the previous paragraph, in any of the Courts of the island which assumes the functions of the Court of Justice of the Guard.

Art. 46.

1. The Registrar, or who carries out his duties, shall take steps to record the day and time of the submission of the documents and documents and shall, in any event, give the person concerned receipt of such an indication. Such receipt may consist of an extended diligence on the copy that the part presents to the effect.

2. On the same day or on the following working day, the Registrar or who performs his duties shall give the Judge or the President or, where appropriate, conduct the timely or proposed resolution.

Art. 47.

1. The cars will remain in the Courts and Chambers of the Social under the custody of the Secretary, where they will be able to be examined by the interested parties that credit legitimate interest, to whom they will have to give to them testimonials, certifications or simple copies upon request.

2. Any interested party may have access to the book of judgments referred to in Article 265 of the Organic Law of the Judiciary.

Art. 48.

1. Only cars will be delivered when the law expressly orders it and by the deadline. The time limit shall be understood to start from when the person concerned is notified that the cars are at his disposal.

2. If the time allowed for the examination is not returned, the person responsible shall be liable, unless the surrender has been effected by evidence, in fine of 2,000 to 20,000 pesetas per day. After two days without the return of the same, the Registrar shall proceed to his collection; if, in the course of the action, he is not given the act, he shall give the Judge to the Judge to arrange for the delay in the return.

CHAPTER II

Of ordering resolutions and measures

Art. 49.

1. The Courts and Tribunals of the Social will adopt their decisions by means of providences, orders and judgments in cases and with the formalities legally provided.

2. They shall also issue oral resolutions during the trial or other acts in the presence of a judicial presence, in the minutes.

Art. 50.

1. The Judge, at the time of the end of the trial, may pronounce a living sentence, which shall be entered in the minutes with the contents and requirements laid down in Article 248 of the Organic Law of the Judiciary. It may also be limited to delivering the judgment, which shall be documented in the minutes by the Registrar's faith, without prejudice to the subsequent wording of the judgment within the time limit and in the legally intended form.

2. Judgments in the proceedings of disciplinary dismissal and termination of the contract of employment of Articles 50 and 52 of the Staff Regulations, in which they are based on the recognition or refusal of the right to be granted, shall not be heard. to obtain social security benefits, including unemployment benefits in the case of collective conflicts, in the case of the contestation of collective agreements, in the case of the contestation of the statutes of the trade unions and in the protection of trade union and other freedom fundamental rights.

3. The parties shall be notified of the judgments delivered orally by means of their reading and signature of the minutes. If, known as the judgment, the parties express their decision not to appeal, the Judge shall, in the same act, declare the firmness of the judgment.

4. If any of the parties have not appeared, the appropriate notification shall be made.

5. In the same cases and conditions laid down in this Article, the Judge may give orally at the end of the hearing held in any incident raised during the proceedings.

Art. 51.

1. It is up to the Secretaries to propose to the Judge or the Chamber of the Social Security the resolutions to take the form of providence or order. It is the exception of providences which review the measures of ordination and decision-making orders of incidental questions on resources or on matters in which the dispute has arisen, as well as the rights limits.

2. The proposals must be adopted in time and in the manner legally provided for in the resolution in question. They shall be subscribed by the Prorapporteur Registrar and the Judge or the Chamber may accept them with the expression 'compliant' or make the decision as appropriate.

Art. 52.

1. It is up to the Secretaries to issue orders of order to give the cars the course ordered by the Law, as well as to formally promote the procedure in their different procedures.

2. Its form shall be limited to the expression of what is available, with the name of the Secretary, the date and his signature.

3. The measures of ordination shall be reviewed by the Judge or by the Judge-Rapporteur of the Social Chamber.

4. The parties may request the review of the order of action on the day following their notification, in a reasoned letter to the Judge or the Rapporteur, who shall resolve the matter, unless they consider it necessary to transfer the opposing party to the contrary. so that within two days, common if they were several, claim the appropriate. In this case, the resolutive providence shall be given in the end of a hearing.

CHAPTER III

From Communication Acts

Art. 53.

1. The acts of communication shall be carried out in such a way as to ensure the right to defence and the principles of equality and contradiction. They shall be carried out by means of the quickest and most effective means of ensuring their proper constancy and the essential circumstances thereof.

2. In the first document or appearance before the court, the parties shall indicate an address for the practice of acts of communication.

3. If the parties appear with representation or assistance of professionals, the address of the professional shall be that indicated for the practice of the acts of communication, unless otherwise stated.

Art. 54.

1. The provisions, orders, judgments and measures of ordination of the Registrar shall be notified on the same day of their date, or of the publication, if any, of all those who are parties to the judgment, and where not possible, on the following working day.

2. They shall also be notified, where this is the case, to the persons and entities to whom they refer or may be injured or held in the legitimate interest in the matter under discussion.

3. If, during the process, measures were to be taken to ensure the rights which could be assigned to the parties or to ensure the effectiveness of the judicial decision, and the immediate notification of the affected parties to proceedings or the precautionary, preventive or executive measure adopted could jeopardise its effectiveness, the court may, in a reasoned manner, agree on the delay in the practice of the notification during the time required to achieve such effectiveness.

Art. 55.

Citations, notifications, sites and requirements shall be made by the Registrar or by whom he/she performs his/her duties at the premises of the Court or the Common Service, if they appear there on their own initiative interested and, in another case, at the address indicated for these purposes.

Art. 56.

1. The summons, notices or sites which are practised outside the seat of the Court or Tribunal shall be made, whatever the addressee, by registered post with acknowledgement of receipt, with the Registrar in the file of the contents of the on remitted, and joining them the acknowledgement of receipt.

2. On the outside of the envelope, the warnings contained in Article 57.3 of this Law shall be stated to the recipient in case he is not the person concerned.

3. The acknowledgement of receipt shall include the date of delivery and shall be signed by the postal officer and the recipient. In the event that the person concerned is not the person concerned, his name, identification document, address and his/her relationship with the consignee shall be entered.

4. It may be provided that the communication is carried out by the telegraph service or by any other suitable means of communication or transmission of texts if the parties concerned provide the indicative data for use. Appropriate measures shall be taken to ensure the receipt of the act communicated which shall be recorded in cars.

Art. 57.

1. If the measures of communication cannot be carried out in the manner indicated, they shall be carried out by the delivery of the transfer to the consignee; if that is not found, the person shall be delivered to the nearest relative or family member or employee, aged over 16 years. they are located in the home and, failing that, the nearest neighbour or the Portero or Conserje of the estate.

2. Without the need to constitute the address of the person concerned, the transferor may be handed over to any of the persons mentioned above and to whom, in connection with the addressee, can guarantee the effective compliance with the act of communication.

3. The receiver will be informed: that he must fulfill the public duty entrusted to him; that he can be punished with a fine of 2,000 to 20,000 pesetas if he refuses to receive, or does not make the delivery as soon as possible; that he must communicate to the judicial body the inability to deliver the communication to the person concerned, and who is entitled to the compensation of the costs incurred.

Art. 58.

1. The cards, which shall be accompanied by a verbatim copy of the agreement, shall contain the following requirements:

(a) The Court or Court that has issued the agreement, the date of the agreement and the case in which it has fallen.

b) The name of the person to whom it is addressed.

c) Date of issue of the Registrar's signature and signature.

2. In the case of a summons to the parties to provide a judicial confession, in the case of witnesses, Perios and advisers, the following shall be entered in addition to the requirements mentioned in the preceding number:

a) The object of the citation.

b) The place, day, and time when the quote is to appear.

(c) The prevention of the loss of the damage to which it is in law, if it does not appear. A copy of the resolution that has agreed to the summons shall not be inserted in this cedula.

3. A duplicate of the ceding shall be attached to the autos for constancy of summons, notification, placement and requirement, which shall contain the following:

a) Date of diligence.

(b) Signature of the person to whom the card has been delivered and, if not the person concerned, his name, identification document, address and relationship with the recipient.

c) Signature of the Registrar, stating, if applicable, whether the notified person would not or would not be able to sign.

Art. 59.

When once the communication has been attempted using reasonable means, the person's address is not recorded, or his whereabouts are ignored, he will be entered by diligence and the Court or Court will send the notification, summons or placement, by means of edicts, by inserting a sufficient extract of the cedula into the corresponding "Official Gazette", with the warning that the following communications shall be made in strates, except for those which must be order or judgment or location.

Art. 60.

1. In the case of notifications, citations and sites, no reply from the person concerned shall be admitted or entered, unless it has been sent in the resolution.

In the requirements, the answer given by the required one shall be accepted, with succinctly recorded in the diligence.

2. Where such proceedings are to be taken with a legal person, where appropriate, the delegations, branches, representations or agencies established in the population where the Court or Court is aware of the case shall be made. lack of power to appear on trial for people who are at the front of them.

3. The acts of communication with the State Advocate, as well as with the Letters of the Administration of Social Security, shall be carried out in his official office.

These steps will be taken with regard to the Autonomous Communities, with whom they establish their own legislation.

4. In the case of an Enterprise Committee, the above measures shall be read with its President or Registrar and, failing that, with any of its members.

5. Where the summons or placement is to be done by means of an appeal, the corresponding cedula shall be accompanied.

Art. 61.

Notifications, citations and sites that are not practiced in accordance with the provisions of this Chapter shall be null and void. However, if the person concerned has been informed, the diligence shall take effect from that time.

Art. 62.

1. The Registrar shall issue trades, exhorts, commandments and reminders of interest in the practice of actions falling within the scope of his competence.

2. In any event, the Judge or the Chamber may entrust the Registrar to practice these acts of judicial cooperation.

TITLE V

From process avoidance

CHAPTER FIRST

From previous reconciliation

Art. 63.

It will be a prerequisite for the processing of the process the attempt to reconcile before the corresponding administrative service or to the organ that assumes these functions, which can be constituted by the agreements interprofessional or collective agreements referred to in Article 83 of the Staff Regulations.

Art. 64.

1. This requirement is exempted from the processes required by the prior complaint on the administrative basis, those relating to social security, those relating to the enjoyment of holidays and to the elections, the ex officio initiated, the proceedings of the Court of Justice Collective agreements, the challenges of the Constitution of the Trade Unions or of their modification and the protection of trade union freedom.

2. Also, except:

(a) Those processes in which the State or other public entity is a defendant is also a private person, provided that the claim is to be submitted to the prior complaint procedure and that the litigious case.

b) The assumptions in which, initiated the process, it is necessary to direct the claim against persons other than those initially demanded.

Art. 65.

1. The submission of the request for conciliation shall suspend the time limits and interrupt the periods of limitation. The calculation of the expiry shall be resumed on the day after the date of the conciliation, or 15 days after its submission, without having been concluded.

2. In any event, the procedure shall be completed and the procedure completed after thirty days without the date of the conciliation.

Art. 66.

1. Attendance at the conciliation act is mandatory for litigants.

2. Where the parties to the act of conciliation are duly cited, the applicant shall not be brought into consideration and the ballot shall not be filed, the ballot file shall be filed and the proceedings shall be closed.

3. If the other party fails to appear, the conciliation shall be carried out for an attempt without effect, and the Judge or the Court shall appraise either recklessness or bad faith if the failure to appear is unjustified, imposing the fine referred to in Article 97.3, if the judgment is that in its day it essentially coincided with the pretence contained in the conciliation ballot.

Art. 67.

1. The conciliation agreement may be contested by the parties and by those who may be harmed by the agreement before the Court or the Court of jurisdiction to hear the case for conciliation by means of the declaration of invalidity by the causes that invalidate the contracts.

2. The action shall lapse within 30 days of the date on which the agreement was adopted. For those likely to be hurt the deadline will count since they knew it.

Art. 68.

The agreement in conciliation will have an executive force between the intervening parties without the need for ratification before the judge or tribunal, which can be carried out by the process of execution of sentences.

CHAPTER II

From the pre-court claim

Art. 69.

1. In order to be able to sue the State, Autonomous Communities, Local Entities or Autonomous Bodies that are dependent on them, it will be a prerequisite to have claimed in administrative way in the form established in the laws.

2. If the complaint is rejected or a month has elapsed without the decision being notified, the person concerned may formalize the complaint to the Court or the competent Chamber, to which he shall accompany a copy of the decision rejecting the decision or supporting document. filing of the claim, joining a copy of all of this for the defendant Entity.

3. The complaint shall not take effect if the decision is a refusal and the person concerned shall not bring the claim before the Court within two months of the notification or from the time of the period in which it is deemed to be dismissed, except in the case of shares arising from dismissal, in which the time limit for the application shall be 20 days.

Art. 70.

The processes relating to the enjoyment of holidays and electoral matters, the ex officio initiates, those of collective conflict, the challenges of the impeachment of Collective Conventions, the articles of impeachment, are excepted from this requirement. of the trade unions or of their modification, the protection of trade union freedom and the claims against the Salarial Guarantee Fund, under the provisions of Article 33 of the Workers ' Statute.

Art. 71.

1. It will be a necessary requirement to formulate a social security claim that the interested parties make prior to the managing entity or the General Treasury of Social Security.

2. If the relevant Entity has issued a judgment or agreement against which the person concerned intends to sue, the prior complaint must be lodged with the body which issued it within 30 days of the date on which the the agreement has been notified to it.

3. In the event of no initial agreement or resolution, the data subject may request that the corresponding Entity be issued, having this request for the prior claim.

4. In the two preceding cases, the Entity must expressly reply within forty-five days. Otherwise, the request for administrative silence shall be deemed to be refused.

5. The application shall be made within 30 days from the date on which the refusal of the prior complaint is notified or from the day on which the request for administrative silence is rejected.

6. The Management Entities and the General Treasury of the Social Security shall issue receipt of the benefit or shall duly stamp, with an indication of the date, copies of the applications and resources which are directed in compliance with the provisions of the present Law. This receipt or stamped copy must accompany the claim inexcusably.

Art. 72.

1. In the process, the parties may not introduce substantial variations of time, quantities or concepts with respect to those formulated in the prior complaint and in the response thereto.

2. The defendant who has not replied to the prior complaint may not establish his opposition in facts other than those referred to in the administrative file, if any, unless the latter have been subsequently produced.

Art. 73.

The prior complaint shall interrupt the periods of limitation and suspend the periods of limitation, the latter being resumed on the day following that of the notification of the decision or of the period within which it is to be understood. rejected.

TITLE VI

From the principles of process and procedural duties

Art. 74.

1. The Judges and Courts of the social court shall interpret and apply the rules governing the ordinary working process in accordance with the principles of immediacy, orality, concentration and speed.

2. The principles set out in the preceding number shall guide the interpretation and application of the procedural rules of the procedural modalities governed by this Law.

Art. 75.

1. The judicial bodies shall reject, on their own initiative, the requests, incidents and exceptions made for the purposes of delay or abuse of law. They shall also correct the acts which, under the text of a standard, result in a result contrary to that provided for in the Constitution and in the laws for procedural balance, judicial protection and the effectiveness of the resolutions.

2. Those who are not party to the process must comply with the obligations imposed upon them by the Judges and Tribunals in order to guarantee the rights that may be applicable to the parties and to ensure the effectiveness of the judicial decisions.

3. If an economically evaluable damage occurs, the injured party may claim the appropriate compensation before the Court or Court that is aware of or has known the main case.

BOOK II

From the ordinary process and procedural modes

TITLE FIRST

From the ordinary process

CHAPTER FIRST

Of the preparatory acts and precautionary measures

Section first. Preparatory acts

Art. 76.

1. The person seeking to sue may request the court against whom he/she intends to direct the application to make a statement concerning the person's personality and without whose knowledge it cannot be considered.

2. In addition, whoever intends to sue or presume that he or she will be sued will be able to request a prior examination of witnesses when, by the advanced age of any of these, the imminent danger of his life, proximity of an absence to the impossible or difficult communications, or any other serious and justified motive, is presumed that it is not going to be possible to maintain their right for lack of justification.

3. Against the judgment in order to refuse the practice of such proceedings, no recourse shall be made, without prejudice to the fact that the judgment may be brought against the judgment.

Art. 77.

1. In all cases where the examination of books and accounts or the consultation of any other document is shown to be essential to substantiate their claim, the person seeking to sue may request the court's communication from the court. documents. In the case of accounting documents, he may be advised by an expert on the matter, who shall be subject to the duties which may be of professional responsibility in relation to the safeguarding of the secrecy of the accounts. The costs incurred by the expert's advice shall be borne by the person requesting his services.

2. The court shall decide by order, within the second day, what it considers to be appropriate, by adopting, where appropriate, the measures necessary to ensure that the examination is carried out without the documentation coming out of the power of its holder.

Section 2. Precautionary measures

Art. 78.

If the parties request the advance practice of evidence which cannot be carried out at the act of the trial, or whose performance presents serious difficulties at that time, the Judge or Court shall decide on the relevant (a) in accordance with Article 1 (1) (a) of Regulation (EU) No. No appeal shall be brought against the decision rejecting the decision, without prejudice to the fact that, for that reason, it may be brought against the judgment.

Art. 79.

1. The court, ex officio or at the request of an interested party or of the Salarial Guarantee Fund, in cases where its liability may be derived, may decree the freezing of the assets of the defendant in sufficient amount to cover the claimed in the application and what is calculated for the costs of enforcement, where any acts of which it may be presumed to be in a state of insolvency or to prevent the effectiveness of the judgment are carried out.

2. The court or tribunal may require the applicant, at the end of a hearing, to provide documents, evidence of evidence or any other evidence to justify the alleged situation. In cases where the liability of the Salarial Guarantee Fund may be derived, it shall be referred to in order to identify goods.

3. The application for a preventive seizure may be filed at any time in the proceedings before the judgment, without the suspension of the proceedings.

CHAPTER II

From the ordinary process

Section first. Demand

Art. 80.

1. The application shall be made in writing and shall contain the following general requirements:

a) The designation of the organ before whom it is presented.

(b) The designation of the claimant, with the expression of the number of the national identity document, and of those other persons who must be called to the proceedings and their addresses, indicating the name and surname of the natural persons and the social name of legal persons. If the application is directed against a group lacking personality, the name and surname of those who appear as organisers, directors and managers of the person and their addresses shall be given.

c) The clear and concrete enumeration of the facts on which the claim is made and of all those who, according to the substantive legislation, are essential to resolve the issues raised. In no case may acts other than those claimed in conciliation or in the prior administrative complaint be alleged, unless they have been produced after the substantiation of those claims.

d) The corresponding plea, in the appropriate terms to the content of the claim exercised.

e) If the plaintiff litigates by himself, he shall designate an address in the locality where the Court or Tribunal resides, in which all the proceedings to be taken with him shall be carried out.

f) Date and signature.

2. The application and documents accompanying the actor shall be filed by the actor as many copies as defendants and other interested parties in the proceedings, as well as for the Prosecutor's Office, in cases where he is legally required to intervene.

Art. 81.

1. The judicial body shall inform the party of the defects, omissions or inaccuracies in which it has incurred in writing the application, in order to remedy them within the four-day period, with a warning that, if it fails to do so, its file.

2. The Judge shall provisionally admit any application even if the prior conciliation act is not certified. However, it must inform the applicant that it has to prove the conclusion or the attempt of the express act within a period of 15 days from the day following the receipt of the notification, under the warning that it would not be so file will be filed without further processing.

Art. 82.

1. If the application is admissible, the Judge or the Court shall, within 10 days of the date of its submission, indicate the day and time of the proceedings of conciliation and trial and shall, in any event, have a minimum of four days. between the summons and the effective conclusion of such acts.

2. The conclusion of the acts of conciliation and trial shall be held in a single call, and the summons in form, with the delivery of the defendants, the interested parties and, where appropriate, the Prosecutor's Office, a copy of the complaint, must be made to this effect. other documents. It shall be made in the citation of summons that the acts of conciliation and trial shall not be suspended by the defendant's failure to appear, as well as that the litigants must attend the trial with all the means of proof that they attempt to avail themselves.

3. A longer period shall be indicated for the period laid down in the first paragraph of this Article:

(a) Where the summons is carried out with a legal person, public or private, or with a group without personality, in which case it shall be made 15 days in advance of the date indicated for the conclusion of the acts of reconciliation and judgment.

(b) Where the representation and defence in judgment is attributed to the State Advocate, in which case he shall be granted a period of twenty-two days for the consultation of the Directorate-General of the State Legal Service. The judgment shall be made in such a way as to take place at a later date.

Section 2. Conciliation and judgment

Art. 83.

1. Only at the request of both parties or on justified grounds, accredited to the court, may the acts of conciliation and trial be suspended for one time, and shall be re-established within 10 days of the date of the suspension. Exceptionally and due to adequately proven serious circumstances, a second suspension may be agreed.

2. If the actor, cited in form, does not appear or claim fair cause to motivate the suspension of the trial, he will be given a withdrawal of his claim.

3. The unjustified inappearance of the defendant shall not prevent the conclusion of the judgment, which shall continue without the need to declare its default.

Art. 84.

1. The judicial body, constituted in public hearing, will attempt the conciliation, warning the parties of the rights and obligations that could correspond to them, without prejudging the content of the eventual sentence. If the court considers that the agreement is a serious injury to either party, law or abuse of law, it shall not approve the agreement.

2. Consent may be approved at any time before sentencing.

3. The corresponding minutes shall be drawn up by the conciliation act.

4. The agreement will take effect through the formalities of the execution of sentences.

5. The action to challenge the validity of the agreement will be exercised before the same Court or Court, by the formalities and with the resources established in this Law. The action will expire within 15 days of the date of its conclusion.

Art. 85.

1. If there is no compromise in conciliation, then the Secretary of the Acting will be followed to trial. The applicant shall either ratify or extend its application, although in no case may it make substantial changes.

2. The defendant shall reply by stating or in particular denying the facts of the application, and on the grounds of the exceptions. In no case may it make a counter-claim, unless it has been announced in the conciliation prior to the proceedings or in the defence of the prior complaint, and has in essence expressed the facts in which it is founded and the request in which it is made. The counterclaim will be opened for its defence in the terms set out in the suit. The same response procedure shall be opened for the procedural exceptions, if they are alleged.

3. The parties shall use the word as many times as the Judge or Court deems necessary.

4. Furthermore, in this act the parties may argue as much as they deem appropriate for the purposes of the provisions of Article 188.1.b of this Law, offering, for the appropriate time, the elements of judgment necessary to substantiate their claims. It will not be necessary to provide evidence on this particular issue when the fact that the process affects many workers or beneficiaries is notorious for its very nature.

Art. 86.

1. In no case will the procedure be suspended for further criminal proceedings on the facts discussed.

2. In the event that it is alleged by one of the parties the falsehood of a document that may be of notorious influence in the process, because it cannot be dispensed with the resolution of the criminal cause for the due decision or condition directly the content of the case, the act of judgment will continue, until the end, and with suspension of the subsequent actions, the judicial organ will grant an eight-day period to the interested party, in order to contribute the document that accredite to have presented the complaint. The suspension will last until judgment or order of dismissal in the criminal case is issued, a fact that must be brought to the attention of the Judge or Court by either party.

3. If any other criminal offence would give rise to an absolute judgment in the absence of the fact or the fact that the person was not involved, it shall be open against the judgment given by the Judge or the Social Chamber on the Civil Prosecution Law-regulated review facility.

Art. 87.

1. Evidence to be formulated and may be carried out on the spot shall be admissible in respect of the facts on which it is not in conformity. Those requiring the translation of the Judge or the Court outside the premises of the hearing may also be admissible if they are essential. In this case, the trial will be suspended for the strictly necessary time.

2. The relevance of the evidence and the questions which may be asked by the parties shall be decided by the Judge or the Court, and if the person concerned is protesting against the inadmissibility, the question or test requested shall be entered in the minutes. refusals, the reasoned justification of the refusal and the protest, all for the purposes of the corresponding action against the judgment. Once the practice of an admitted test has been initiated, if the party that proposed it is waived, the court may, without further appeal, agree to continue.

3. The judicial body may ask the parties and the witnesses, the questions it deems necessary for clarification of the facts.

Litigants and advocates will be able to exercise the same right.

4. The parties or their advocates, where appropriate, shall, where appropriate, orally formulate their conclusions in a precise and precise manner, determining by virtue of the outcome of the test, in a liquid manner and without altering the fundamental points and reasons to request, if any, the quantities which, by any concept, are the subject of a request for a principal or subsidiary conviction, or, where appropriate, the precise and precise application of the measures with which it may be satisfied with the claim exercised. If the parties do not do so in this process, the Judge or Court must require them to do so, without in any case being able to reserve such a determination for the execution of the sentence.

5. If the court does not consider itself sufficiently enlightened on the questions of any kind which is the subject of the debate, it shall give both parties the time it deems appropriate, to inform or explain to them the particulars which designate.

Art. 88.

1. After the trial, and within the time limit for sentencing, the judge or tribunal may agree to the practice of how many tests it deems necessary, in order to better provide, with intervention by the parties. In the same providence, the time limit within which the test is to be carried out shall be fixed, during which the parties shall be shown the result of the proceedings so that they can plead in writing how much they consider appropriate. about its scope or importance. After that period without having been able to take effect, the judicial body will provide a new provision, setting a further deadline for the implementation of the agreement, by providing appropriate communications. If the test, the Judge or the Court, after hearing from the parties, has not been able to practise the test, it shall agree that the orders are definitively concluded for judgment.

2. If the diligence consists of the judicial confession or in order to request a document from a party, and the party does not appear or does not present it without justified cause within the time limit set, the arguments made by the contrary in the case may be estimated relationship to the agreed test.

Art. 89.

1. During the course of the trial, the corresponding minutes will be extended, in which it will be stated:

(a) Place, date, judge or tribunal presiding over the act, parties, representatives and defenders attending them, and brief reference to the act of conciliation.

b) Brief summary of the parties ' allegations, means of proof proposed by them, express statement of their relevance or impertinence, reasons for the denial and protest, if any.

c) As for supported and practiced tests:

1. Enough Summary of Confession and Testimonial.

2. The circumstantial relationship of the submitted documents, or sufficient data to identify them, in the event that their excessive number makes this relationship inadvisable.

3. ° Relationship of the incidences raised in the trial with respect to the documentary evidence.

4. A sufficient summary of the expert reports, as well as the decision of the Judge or Tribunal on the proposed recusal of the Peritos.

5. The summary of the advisors ' statements, in the event that the opinion of the advisors has not been written and incorporated into the file.

(d) Conclusions and specific requests made by the parties; if they are to be condemned to quantity, the amounts to be expressed in the minutes shall be expressed in the minutes.

e) Statement made by the Judge or Court of conclusion of the cars, sending them to the view for judgment.

2. The Judge or the Court shall, without further appeal, decide to comment on the content of the minutes, first of all on the union of the parties or of their representatives, or defenders and of the Perils, stating if any of the they don't sign for not being able, not wanting to do it or not being present, signing it, finally, the Secretary, who will give faith.

3. The proceedings of the trial may also be extended through mechanical means of reproduction. In this case, the same requirements as the previous number shall be required.

4. Copies of the proceedings must be submitted to those who have been parties to the proceedings, if they so request.

Section 3. Testing

Art. 90.

1. The parties may avail themselves of any means of proof which are regulated in the Law, with the exception of the mechanical means of reproduction of the word, image and sound, unless they have been obtained, directly or indirectly, by means of procedures involving violation of fundamental rights or public freedoms.

2. They may also request, at least three days in advance of the trial date, those tests which, having to be carried out in the judgment, require summons or summons.

Art. 91.

1. Positions for the test of confession shall be proposed verbally, without the admission of pleadings.

2. If the call to confess does not appear without fair cause to the first summons, refuse to declare or persist in not responding positively or negatively, in spite of the warning that has been made to him, may be held by self-confessed in the sentence.

3. The confession of the private legal persons shall be practiced by those who legally represent them and have the powers to absolve positions.

4. In the event that the confession does not relate to personal facts, the acquittal of positions by a third party who personally knows the facts will be accepted if the party so requests and accepts responsibility for the declaration.

Art. 92.

1. No written questions and questions will be allowed for the testify test. Where the number of witnesses is excessive, at the discretion of the judicial body, its manifestations may constitute futile reiteration of the testimony on sufficiently clarified facts, which may limit them discretionally.

2. Witnesses may not be crossed out, and only in conclusions shall the parties be able to make any observations which are appropriate to their personal circumstances and to the veracity of their statements.

Art. 93.

1. In the practice of the expert test, the general rules on the insaculation of Peritos will not apply.

2. The court, on its own initiative or at the request of a party, may require the intervention of a Medical Examiner, in cases where its report is necessary.

Art. 94.

1. From the documentary evidence that will be presented will be given to the parties at the event of the trial, for their examination.

2. Documents belonging to the parties must be brought to the proceedings if they have been proposed as a means of proof by the opposing party and admitted by the Judge or Court. If the claims made by the contrary in relation to the agreed test cannot be submitted without justification, they may be deemed to have been proved.

Art. 95.

1. The Judge or Court may, if he considers it appropriate, hear the opinion of one or more persons who are experts on the subject matter of the case, at the time of the act of the judgment or, if the case is terminated, to better provide.

2. Where the interpretation of a Collective Convention is discussed in a process, the judicial body may hear or obtain a report from the Joint Committee.

3. Where a question of discrimination on grounds of sex has arisen in the proceedings, the Judge or Court may seek the opinion of the competent public bodies.

Art. 96.

In those processes in which the claims of the acting party result in the existence of evidence of discrimination on grounds of sex, the defendant shall be liable for the contribution of an objective and reasonable justification, sufficiently proven, of the measures taken and of their proportionality.

Section 4. Statement

Art. 97.

1. The Judge or Court shall give judgment within five days, immediately publishing and notifying the parties or their representatives within two days.

2. The judgment shall, in fact, express sufficient summary of those which have been the subject of debate in the proceedings. Likewise, and appreciating the elements of conviction, he expressly declares the facts that he considers to be proven, making reference in the grounds of right to the reasoning that has led him to this conclusion. Finally, it must sufficiently substantiate the judgment of the judgment.

3. The judgment, in a reasoned manner, may impose on the litigant who acted in bad faith or with notorious foolhardness a pecuniary sanction whose maximum amount, in the instance, shall not exceed a hundred thousand pesetas. In such cases, and where the sentenced person is the employer, he must also pay the lawyers ' fees.

Art. 98.

1. If the Judge who presided over the act of judgment cannot deliver judgment, it must be held again.

2. As for the Social Rooms, the provisions of the Organic Law of the Judiciary will be in place.

Art. 99.

In the judgments in which the payment of an amount is condemned, the Judge or Court shall determine it expressly, without in any case being able to reserve such determination for the execution.

Art. 100.

When the judgment is notified to the parties, it shall be indicated whether or not the party itself is firm and, where appropriate, the resources which it comes from, the body to which it must be brought and the time limit and the requirements for it, and the deposits and the entries that are necessary and how to make them.

Art. 101.

If the judgment is a conviction for the employer, the employer shall be obliged to pay the claimant who has personally appeared, the amount of the salaries corresponding to the days in which the acts were concluded. of conciliation and trial before the Court or tribunal and, where appropriate, the prior conciliation to the body concerned.

TITLE II

Of the procedural modes

CHAPTER FIRST

General disposition

Art. 102.

In all that is not expressly provided for in this Title, they shall govern the provisions laid down for the ordinary process.

CHAPTER II

Of layoffs and sanctions

Section first. Disciplinary dismissal

Art. 103.

1. The worker may claim against the dismissal within 20 working days of the date on which it was produced. This time limit shall be valid for all purposes.

2. If a person is promoted for dismissal against a person who has been wrongly attributed the quality of the employer, and is credited in the case of a third party, the worker may promote a new claim against him, without starting the Calculation of the expiry date up to the date on which the employer is established.

Art. 104.

Dismissal claims, in addition to the general requirements set forth in this Act, shall contain the following:

(a) Place of work; professional category; special characteristics, if any, of the work performed before the dismissal; salary, time and form of payment and seniority of the dismissed.

b) Date of effectiveness of the dismissal and the manner in which it occurred and the facts alleged by the employer.

c) If the worker holds, or has been in the year before the dismissal, the quality of the workers ' legal or union representative.

d) If the worker is affiliated with a Union, in the event that he or she claims the dismissal for having been made without the prior hearing of the trade union delegates, if any.

Art. 105.

1. If necessary, the defendant will be required to state its position in the first place, where appropriate, at the time of the allegations and in the practice of the test. It shall also be responsible for the burden of proving the accuracy of the facts attributed in the letter of dismissal as supporting evidence.

2. In order to justify the dismissal, the defendant shall not be allowed in the judgment for other reasons of opposition to the claim than those contained in the written communication of such dismissal.

Art. 106.

1. In the cases provided for in Article 32 of this Law, the guarantees which, in respect of the allegations, evidence and conclusions, are established for the disciplinary dismissal process shall be respected.

2. In the dismissals of members of the Committee of Enterprise, Staff Delegate or Union Delegates, the legally required contradictory file shall be provided by the defendant.

Art. 107.

In the facts that are estimated to be proven in the judgment, the following circumstances must be stated:

a) Date of dismissal.

b) Worker's salary.

(c) Place of work; professional category; seniority, specifying the periods in which the services are provided; special characteristics, if any, and the work carried out by the applicant before the date of the dismissal.

(d) If the worker holds or has been in the year prior to the dismissal of the status as a Staff Delegate, a member of the Business Committee or a trade union delegate.

Art. 108.

1. In the judgment of the judgment, the Judge shall qualify the dismissal as appropriate, improper or void. It shall be qualified as appropriate if the non-compliance claimed by the employer in his letter of communication is established. Otherwise, the dismissal will be qualified as improper.

2. Redundancy will be void in the following cases:

(a) Where the employer has not complied with the requirements laid down in Article 44 (1) of the Staff Regulations.

b) The default or defects in the disciplinary procedure established legally or conventionally. In the case of dismissal of the legal representatives of the workers or of the Trade Union Delegate, the other members of the representation to whom the worker belongs, if any, must have been heard.

(c) The dismissal of workers affiliated with a Union, held without the prior hearing of the trade union delegates, if any, provided that the employer has the status of an affiliate.

(d) The basis of any of the causes of discrimination provided for in the Constitution and in the law, or the violation of fundamental rights and public freedoms of the worker.

e) For workers with a suspended contract, in the event that their provenance is not declared.

3. If it is established that the cause of the dismissal is one of those provided for in paragraph (d) of the preceding number, the Judge shall act on it, irrespective of the manner in which it has been formed.

Art. 109.

If the dismissal is estimated, the Judge shall declare the working relationship extinguished, without the right to compensation or to the processing wages.

Art. 110.

1. If the dismissal is declared inadmissible, the employer shall be sentenced to the readmission of the worker under the same conditions as before the dismissal or, at the choice of the worker, to be paid a compensation, the amount of which shall be Article 56 of the Staff Regulations, as provided for in paragraph 1 (a) of Article 56 of the Staff Regulations and the payment of the quantity referred to in paragraph (b) of the same number 1, subject to the limitations laid down in paragraph 5 of that provision. In the case of dismissals of workers whose employment relationship is of special character, the amount of such compensation shall be that laid down, where appropriate, by the rule governing the employment relationship.

2. In the event of the dismissal of a legal or trade union representative of the employees, the option provided for in the preceding number shall correspond to the worker.

3. The option must be exercised by writing or appearing before the Registrar of the Social Court within five days of the notification of the judgment declaring the wrongful dismissal, without waiting for the firm's firmness, if out of the instance.

Art. 111.

1. If the judgment declaring the dismissal of the dismissal is under appeal, the option exercised by the employer shall have the following effects:

(a) If the appellant is the employer himself, whatever the meaning of his/her choice, the provisions of Article 295 of this Law shall be provided.

(b) If the appeal is brought by the worker and the readmission has been opted for, it shall be provisionally applied in accordance with the terms laid down in Article 295.

(c) If the option had been for the compensation, the amount of the compensation will be the one to set the judgment to the appeal; if, in the light of the new amount, the employer will change the meaning of his/her option, the will roll back its economic effects to the date the first election was made.

2. Whatever the meaning of the option exercised, the option shall not be made if the High Court, in resolving the appeal, declares the dismissal null and void. When the recursion statement is committed, the sense of the option cannot be altered.

Art. 112.

1. Where the judgment declaring the dismissal of a worker's legal or trade union representative is under appeal, the option exercised by that representative shall have the following consequences:

(a) When the worker has opted for readmission, whatever party may resort, it shall be within the meaning of Article 295 of this Law.

(b) If the worker, having opted for the compensation, brought the action, the amount of the action shall be that laid down by the High Court; if the appeal had been brought by the employer and the judgment reduced compensation, the worker may opt for readmission.

2. Whatever the meaning of the option exercised, the option shall not be made if the High Court, in resolving the appeal, declares the dismissal null and void. When the recursion statement is committed, the sense of the option cannot be altered.

Art. 113.

1. If the dismissal is declared null, it shall be condemned to the immediate readmission of the worker, with payment of the wages left to be paid. In the case of workers on a suspended contract, the rules applicable in each case shall be applicable.

2. Where the dismissal of the defects provided for in paragraphs (a), (b) and (c) of Article 108 (2) of this Law is declared void, a further dismissal may be made within seven days of the declaration of invalidity. Such dismissal shall not constitute a cure for the primitive act of extinction, but a new dismissal, which shall have effect from its date.

Section 2. Sanctions challenge process

Art. 114.

1. The worker may challenge the sanction imposed on him by application which shall be filed within the period prescribed in Article 103 of this Law.

2. In the process of challenging the penalties for serious or very serious misconduct for workers who have the status of a legal or trade union representative, the defendant shall have to provide the legally established contradictory file.

3. It will be for the employer to prove the reality of the facts imputed to the worker, and his Entity, without any other grounds of opposition to the claim being allowed than the alleged at the time to justify the sanction. The arguments, evidence and conclusions must be made by the parties in the order established for the disciplinary dismissals.

Art. 115.

1. The statement will contain any of the following statements:

(a) To confirm the sanction, when the compliance with the requirements of form and the reality of the non-compliance imputed to the worker has been established, as well as his Entity, valued according to the graduation of faults and penalties foreseen in the legal provisions or in the applicable Collective Agreement.

b) Revocarla totally, when the reality of the facts imputed to the worker has not been proven or these are not constitutive of fault.

c) Revoke it in part, when the failure committed has not been adequately qualified. In this case, the Judge may authorise the imposition of a penalty appropriate to the seriousness of the fault.

d) Declare it null, if it has been imposed without observing the formal requirements laid down legally or conventionally, or when they present defects of such gravity that they do not allow to reach the purpose for which they were required.

2. For the purposes of the preceding number, the penalties imposed on the legal representatives of workers or trade unions for serious or very serious misconduct shall be null and void, without the prior hearing of the remaining members of the the representation to which the worker belongs, as well as to the workers affiliated to a Union, without giving an audience to the trade union delegates. The penalty shall also be void if it consists of any of the legally prohibited or is not typified in the legal provisions or in the applicable Collective Agreement.

3. Against the judgments handed down in these proceedings, there will be no recourse, except in cases of penalties for very serious offences, which are assessed judicially.

CHAPTER III

From the claim to the State of payment of processing salaries in dismissal trials

Art. 116.

1. If, from the date on which the application was lodged for dismissal, until the judgment of the Court or Tribunal which for the first time has declared its origin, more than 60 working days have elapsed, the employer, once the judgment has been signed, may claim to the State the wages paid to the worker in excess of that period.

2. In the case of temporary insolvency of the employer, the worker may directly claim to the State the wages referred to in the preceding number, which would not have been paid by him.

3. Similarly, the employer may claim the wages paid in accordance with Article 295 of this Law when, having opted for compensation and being the same appellant, the judgment of the High Court annuls the (a) under appeal, or declare the origin or absence of the dismissal, provided that the worker's services have not been used and those paid on time and with the legal requirements.

Art. 117.

1. In order to sue the State for the processing salaries, it will be a prerequisite to have claimed on the administrative basis in the form and deadlines established, against whose refusal the employer or, if necessary, the worker will be able to promote the appropriate action before the Court that he met in the instance of the dismissal process.

2. The application shall be accompanied by a copy of the administrative decision rejecting the application or the application for payment.

Art. 118.

1. On the basis of the judgment in the five following cases, the complaint is admissible, citing the effect of the worker, the employer and the State Advocate, without the procedure being suspended so that the latter can consult the Directorate-General of the Legal Service of the State.

2. The judgment will deal only with the provenance and the amount of the claim, and no evidence will be allowed to review the statements tested in the dismissal judgment.

Art. 119.

1. For the purpose of calculating time exceeding the 60 working days referred to in Article 114, the following periods shall be excluded:

(a) The time spent in the subhealing of the claim, for not having accredited the conclusion of the conciliation or the prior administrative complaint, or for defects, omissions or inaccuracies in that one.

(b) The period in which the cars were suspended, at the request of a party, by suspension of the act of judgment in the terms provided for in Article 83 of this Law.

c) The length of time the suspension lasts to accredit the filing of the complaint, in cases where either party claims the falsehood of a document that may be of notorious influence in the suit.

2. In the cases referred to above, the Judge, appreciating the evidence provided, shall decide whether the salaries for the time spent must be paid by the State or the employer. Exceptionally, it may deprive the worker of his or her perception, if he appreciates that he has made a manifest abuse of law in his procedural action.

CHAPTER IV

From the extinction of the contract for objective causes and other causes of extinction

Section first. Extinction by objective causes

Art. 120.

The processes resulting from the termination of the contract of work for objective reasons, shall conform to the rules contained in the chapter concerning the processes by dismissals and penalties without prejudice to the specialties that are enunciate in the following items.

Art. 121.

1. The time limit for bringing proceedings against the late decision shall be 20 days, which shall in any event begin to be counted from the day following the date of termination of the contract of employment. The worker may anticipate the exercise of his/her action from the moment he receives the business notice of notice.

2. The perception by the worker of the compensation offered by the employer or the use of the permit to search for a new job does not support the exercise of the action or assume conformity with the business decision.

Art. 122.

1. The late decision shall be declared when the employer, having complied with the formal requirements, accredit the concurrency of the legal cause indicated in the written communication. If you do not credit it, it will be qualified as inappropriate.

2. The extinct decision will be null when:

(a) The legal formalities of written communication, with mention of cause, have not been fulfilled.

(b) No corresponding compensation has been made available to the worker.

c) Resulting in discrimination or contrary to the fundamental rights and public freedoms of the worker.

3. The declaration of invalidity shall not be declared because the notice period has been omitted, or because there has been an excusable error in the calculation of the compensation made available to the worker.

Art. 123.

1. If the judgment considers the employer's decision, the contract of employment shall be terminated by condemning the employer, where appropriate, to satisfy the worker of the differences which may exist, both between the compensation already paid it would have been perceived and legally applicable to it, such as those relating to the salaries of the period of notice, in cases where it would not have been met.

2. Where the extinguishing decision is declared inadmissible or void, the employer shall be sentenced to the terms laid down for disciplinary dismissal, without the processing salaries being deducted from those corresponding to the period of notice.

3. In the case of readmission, the worker shall reintegrate the compensation received.

4. The Judge shall, where appropriate, agree to the compensation between the compensation received and the compensation for the judgment.

Section 2. Extinction due to economic, technological and force majeure

Art. 124.

The judicial body will declare, on its own initiative or at the request of a party, the business agreement of extinction of work contracts for technological or economic causes, force majeure or extinction of the legal personality of the employer if he had not obtained the prior, legally intended, administrative authorisation.

CHAPTER V

Holidays, electoral matters and professional classifications

Section first. Holidays

Art. 125.

The procedure for individual or plural fixing of the holiday enjoyment date will be governed by the following rules:

(a) Where the date is specified in the Collective Agreement, or by agreement between the employer and the workers ' representatives, or has been unilaterally fixed by the employer, the worker shall have a period of 20 days, from the time he became aware of that date, to present the suit in the Social Court.

(b) Where the date of the holiday is not marked, the application must be submitted at least two months in advance of the date of enjoyment intended by the worker.

(c) If the process of setting the dates of enjoyment in accordance with Article 38 of the Workers ' Statute has been initiated, the continuation of the procedure shall not be interrupted.

d) When the object of the debate is viewed on preferences attributed to certain workers, they must also be sued.

Art. 126.

The procedure will be urgent and you will be given preferential treatment. The act of the hearing shall be held within five days of the date of the admission of the application. The judgment, which shall not have an appeal, shall be delivered within three days.

Section 2. Electoral matters

Art. 127.

In the electoral procedures referred to in Chapter 1 of Title II of the Workers ' Statute, all those with direct interest may contest the election, the decisions taken by the Bureau, as any action of the same, throughout the electoral process.

Art. 128.

1. The process shall be initiated on demand which shall be submitted within three days of the date on which the event in question was to be contested.

2. For the Trade Unions which, being able to do so, have not submitted applications in the Company or in the Centre of Work in which the election is held, the time limit shall begin to be computed from the day on which they are aware of the fact that they are impeachable and, in any event, from the entry of the electoral records in the corresponding register.

3. In the case of challenging the minutes of the Electoral Bureau, the time limit stated in number one shall begin to be counted from the resolution by the Bureau of the complaint or protest or since that decision was made.

Art. 129.

Demand can be founded only:

a) In lack of capacity or legitimacy of the candidates chosen.

b) In the lack of data in the act of the election.

c) In any other serious vice that could affect the guarantees of the electoral procedure and alter its outcome.

Art. 130.

1. The application shall be against the persons and trade unions concerned by the act or situation in respect of which the action is made, if any.

2. In no case shall the Company's Committees, the Staff Delegates or the Electoral Bureau be considered as defendants.

3. If the application is examined by the Court of Justice, which may not have been directed against all the parties concerned, it shall cite the parties to appear, within the following day, to a preliminary hearing in which, hearing the parties on the possible situation of the necessary passive litisconsortium, shall settle on the same in the act.

Art. 131.

In these processes they may appear as part, when they have legitimate interest, the Trade Unions, the employer and the components of nominations not presented by Trade Unions.

Art. 132.

1. In order to contest the Electoral Bureau's actions, it is necessary to have made the same complaint or protest until the following day. The Bureau shall decide on the subsequent working day.

2. Where the claim is made on the challenges referred to in the previous issue, the actor must prove that he made the complaint or protest in due time. If not, the Judge will notice the defect to be subsable within the next day or justify the impossibility of doing so or of accrediting that he did so at the time.

Art. 133.

This process will be processed with preference and will have the following specialties:

(a) In admitting the application, the Judge shall seek the body responsible for the registration of elections or, where appropriate, the Electoral Bureau, copy of the minutes or minutes and the null or contested votes, provided that such data are necessary for the resolution of the controversy. The documentation referred to must be sent by the required documentation within the next day.

(b) The act of the judgment shall be held within five days of the admission of the claim. The judgment, against which there is no appeal, must be given within three days, and must be communicated to the body responsible for the registration.

(c) The substantiation of this process shall not suspend the conduct of the electoral procedure, unless it is expressly agreed by the Judge at the request of the party, if there is no justification.

Art. 134.

If in one or several Courts in the same constituency more than one process of the regulated in this section is processed, all in one process, all of them will be accumulated in one process. To this end, the successive demands will be distributed to the Court that knew of the process that had been initiated before. In this case, the parties will express the procedural opposition they adopt in the accumulated process.

Art. 135.

1. In the constituencies that have more than one Court, one or more of them may be assigned the exclusive knowledge of these processes, exempting them in whole or in part from the ordinary distribution of claims.

2. The General Council of the Judiciary shall adopt the corresponding agreements, subject to the report of the Chambers of Government of the Supreme Courts of Justice, on a proposal, if any, of the Boards of Judges.

3. The agreements shall be published in the "Official Gazette of the State" and take effect from the beginning of the electoral procedures, corresponding to each period of calculation of results to which the additional provision of the Law refers. Organic Freedom of Association.

Art. 136.

By way of derogation from this Section, questions relating to the representation of employees in the Company may be subject to ordinary or collective conflict when their content is not adjusted to the regulated in that section and circumstances that shape the action as singular or collective.

Section 3. Professional classification

Art. 137.

1. The application initiating this process shall be accompanied by a report issued by the Enterprise Committee or, if applicable, by the Staff Delegates. In the event that these bodies had not issued the report within 15 days, the complainant will be sufficient to prove that he has requested it.

2. In the providence in which the application is filed, the Judge shall order the report of the Labour and Social Security Inspectorate, sending him copies of the complaint and documents accompanying it. The report shall deal with the facts invoked and the concurrent circumstances relating to the activity of the actor and shall be issued within 15 days.

3. No action shall be taken against the judgment to be given.

CHAPTER VI

From Social Security

Art. 138.

In the demands made in the field of Social Security against the managing entities or common services, including those in which the injury of a fundamental right is invoked, it will be established that the processing of the (a) a prior complaint under Article 71 of this Law. If it is omitted, the Judge will arrange for the defect to be remedied within four days, and after the failure has passed, he will order the file of the lawsuit without further processing.

Art. 139.

The Management Entities and the General Treasury of Social Security may be personable and be held in the cases of social security in which they have an interest, without any such intervention to stop the course of action.

Art. 140.

1. If the name of the managing authority or, where appropriate, of the Employers ' Mutual is not entered in the claims for accidents at work or occupational disease, the Judge shall, before the judgment is pointed out, require the defendant to be in the Four-day period shall present the evidence of the risk cover. If this time limit does not present it, in view of the circumstances that are present and hearing the General Treasury of Social Security, it will agree to the embargo on the property of the employer in sufficient quantity to ensure the outcome of the trial.

2. In the case of accidents at work, the Judge, before the conclusion of the judgment, must be interested in the Provincial Labour and Social Security Inspectorate, if he is no longer in the case, report on the circumstances in which the case occurred. accident, work carried out by the accident, salary that was collected and basis of contribution, which will be issued necessarily within the maximum period of ten days.

Art. 141.

1. When the application is admissible, the Judge shall, of its own motion, request the referral of the original file or the copy of the proceedings or of the proceedings and, where appropriate, a report of the records held in connection with the complaint, to the managing body or the common service. the content of the claim, within a period of 10 days. If the original file is submitted, it will be returned to the Entity of provenance, firm that it is the judgment, leaving in the cars note of it.

2. In the process, no facts other than those alleged in the administrative file may be adduced by any of the parties.

Art. 142.

1. The judgment shall be held on the day indicated, even if the relevant Entity has not referred the file or its copy, unless the omission is sufficient.

2. If the applicant is to agree to the transfer of the file to its own ends, it may request the suspension of the trial, in order to reiterate the order for the file to be referred to the applicant within a further period of 10 days.

3. If the date of the new point of order has not been submitted, the facts alleged by the applicant whose evidence is impossible or difficult to demonstrate by means other than that of the applicant may be taken into account.

Art. 143.

The lack of referral of the file shall be notified to the Director of the managing body or the common service, for the purposes of the possible requirement of disciplinary responsibility to the official.

Art. 144.

1. The managing entities or the common services may not themselves review their declarative acts of rights to the detriment of their beneficiaries and, if necessary, request the review before the competent Social Court, by means of appropriate demand to be directed against the beneficiary of the recognised right.

2. The correction of material or factual errors and arithmetic, as well as the revisions motivated by the finding of omissions or inaccuracies in the beneficiary's declarations, are excepted from the preceding number.

3. The review action referred to in the number one will be prescribed at five years.

4. The judgment declaring the review of the contested act shall be immediately enforceable.

CHAPTER VII

From the craft procedure

Art. 145.

The process can be started as a result:

(a) From the certifications of the final decisions to be issued by the labour authority resulting from the acts of infringement of the Labour and Social Security Inspectorate in which economic damage is assessed for the affected workers.

(b) Of the agreements of the competent labour authority, where the competent authority is appreciating, coercion or abuse of the right at the conclusion of the agreements for amendment, suspension or termination referred to in Articles 41, 47 and 51.5 of the Staff Regulations.

(c) Of the communications of the labour authority referred to in Article 148 of this Law.

Art. 146.

1. The documents by virtue of which the process is initiated will include the general requirements required by this Law for the demands of the ordinary processes.

2. As long as the expressed demands affect more than ten workers, the court will require them to appoint representatives in the manner provided for in Article 19 of this Law.

Art. 147.

1. The Court of Justice shall examine the application, before it has declared its admission, to the effect of verifying whether it meets all the conditions required, by warning the working authority, where appropriate, of the defects or omissions which it has in order to be remedied in the Ten days term.

2. The application shall continue to be processed in accordance with the general rules of this text, with the following specialties:

(a) The procedure shall be followed on its own initiative, even without the assistance of the injured workers, who shall be considered as a party, but may not withdraw or request the suspension of the proceedings.

(b) The conciliation can only be authorised by the court when it is satisfied that all the damage caused by the infringement is satisfied.

(c) The pacts between workers and employers following the infringement act will only be effective if they have been concluded in the presence of the Labour Inspector who has lifted the work authority's minutes.

d) The statements of facts contained in the resolution or base communication of the process shall make faith unless proof to the contrary, with the full burden of proof being placed on the defendant.

e) The statements that are given in these processes will always be executed on their own.

Art. 148.

1. The process of trade may also be initiated by virtue of the communication to be addressed by the employment authority to the Court, where any act of infringement by the Labour and Social Security Inspectorate has been challenged by the responsible on the basis of allegations and evidence which may undermine the working nature of the legal relationship which is the subject of the inspector's performance.

2. In addition, if the acts of infringement relate to one of the matters referred to in Article 7 (4), (5) and (9), and (2), (11) and (12) of Law 8/1988 of 7 April on infringements and penalties in the order and the person responsible has challenged them on the basis of allegations and evidence of which the knowledge of the merits of the matter is attributed to the social order of the jurisdiction under Article 9.5 of the Law of the Power of the State Judicial.

Art. 149.

1. A copy of the administrative file shall be accompanied by a copy of the administrative file to the request for a trade referred to in the previous Article.

2. The admission of the application shall result in the suspension of the administrative file.

3. This process of trade shall be applicable to the rules of paragraphs (a) and (d) of Article 147.2 of this Law.

4. Where it is understood that the arguments of the responsible person seek the delay of the administrative action, the court shall impose in the judgment the fine for recklessness provided for in Article 97.3 at its maximum.

5. The final judgment shall be communicated to the labour authority.

CHAPTER VIII

From the collective conflict process

Art. 150.

1. Applications which concern the general interests of a generic group of workers and which are concerned with the application and interpretation of a Collective Convention, whatever their effectiveness, and decision or decision, shall be dealt with through the present process. Business practice.

2. The challenge of Collective Agreements in accordance with the provisions of Chapter IX of this Title shall also be dealt with in this process.

Art. 151.

They will be legitimized to promote processes on collective conflicts:

(a) Unions whose scope of action corresponds to or is wider than that of the conflict.

b) Business associations whose scope of action corresponds to or is broader than that of the conflict, provided that it is a conflict of a higher level than the Company.

(c) Employers and bodies representing the legal or trade union of workers, in the case of conflicts of enterprise or of lower scope.

Art. 152.

In any case, the representative trade unions, in accordance with Articles 6 and 7 of the Organic Law on Freedom of Association, the representative business associations in the terms of Article 87 of the Statute of the Workers and bodies representing legal or trade union representatives may be represented as parties to the process, even if they have not promoted it, provided that their scope of action corresponds to or is wider than that of the conflict.

Art. 153.

1. An attempt at conciliation before the relevant administrative department or the conciliation bodies which may be established through the inter-branch agreements or the Conventions shall be a prerequisite for the processing of the process. Collective agreements referred to in Article 83 of the Staff Regulations.

2. What is agreed in conciliation will be the same as the effectiveness attributed to the Collective Agreements under Article 82 of the Workers ' Statute, provided that the parties that reconcile the legitimacy and adopt the agreement in accordance with the requirements required by the above standard. In this case copies of the same will be sent to the labour authority.

Art. 154.

1. The proceedings shall be initiated by application to the Court or competent court which shall contain, in addition to the general requirements, the general designation of workers and undertakings affected by the conflict, and a brief reference to the legal bases of the claim formulated.

2. The claim shall be accompanied by a certification that the prior reconciliation referred to in the previous article or the allegation of not being necessary has been attempted.

Art. 155.

The process may also be initiated by means of communication from the labour authority, at the request of the representations referred to in Article 151. Such communication shall contain the same requirements as those required for the application in the previous Article. The Judge or the Chamber shall, where appropriate, warn the working authority of the defects, omissions or inaccuracies which the communication may contain, in order to be remedied within a period of 15 days.

Art. 156.

This process will be urgent. The preference in the dispatch of these matters shall be absolute upon any other, except for the protection of trade union freedom and other fundamental rights.

Art. 157.

1. Upon receipt of the application or the communication from the labour authority, the Judge or the Chamber shall quote the parties for the conclusion of the act of the judgment, which shall take place, on a single call, within five days of the date of admission to processing of the demand.

2. The judgment shall be delivered within three days of notification, where appropriate, to the competent labour authority. The judgment shall be enforceable from the moment at which it is delivered, notwithstanding the action which may be brought against it.

3. The final judgment will have the effect of res judicata on the individual processes pending or which may be considered, which will deal with the same subject matter.

Art. 158.

Against the providences and autos that are issued in their treatment, no recourse shall be made, except for the initial declaration of incompetence.

Art. 159.

To be received in the Court or the Court of communication of the parties to have been resolved the conflict, the file of the proceedings shall be carried out no more than the state of its proceedings before the judgment.

CHAPTER IX

From the challenge of Collective Conventions

Art. 160.

1. The challenge of a Collective Convention of those regulated in Title III of the Staff Regulations to consider that it conculcates the legality in force or seriously injures the interest of third parties may be promoted ex officio before the Court or Chamber competent by means of communication transmitted by the relevant labour authority.

2. If the Collective Agreement has not yet been registered, the legal or trade union representatives of the workers or the employers who held the illegality of the same or the injured third parties who will invoke it must the work authority to be referred to the Court or Chamber of its own motion.

3. If the labour authority does not reply to the request referred to in the preceding number within a period of 15 days, it shall reject it or the Collective Convention has already been registered, the dispute may be directly lodged by the legitimized for this by the procedures of the collective conflict process.

Art. 161.

1. The ex officio communication supporting the illegality of the Convention shall contain the following requirements:

(a) The concreteness of the legislation and the extremes of it that are considered to be conculcated by the Convention.

b) A succinct reference to the legal foundations of illegality.

(c) The relationship of the representatives of the negotiating commission of the contested Convention.

2. The ex officio communication supporting the lesivity of the Convention shall contain, in addition to the requirement referred to in paragraph (c) of the preceding number, the relationship of the third parties claiming, allegedly injured, and an indication of the interest of the which is to protect.

3. The Judge or the Chamber shall inform the working authority of the defects, omissions or inaccuracies which the communication may contain, in order to be remedied within 10 days.

4. The process will be followed, in addition to the representations of the negotiating committee of the Convention, with the third parties, who are allegedly injured, if any, and, if any, with the complainants before the labour authority of the illegality or lesivity of the Convention.

5. Where the impeachment proceedings are from the labour authority and there are no complainants, the State Advocate will also be summoned.

6. The Fiscal Ministry will always be part of these processes.

7. The notice of trade shall be accompanied by the contested Convention and copies thereof for those who are parties to the proceedings.

Art. 162.

1. The active legitimacy to challenge a Collective Agreement, whatever its effectiveness, by the procedures of the collective conflict process is:

(a) If the challenge is based on the illegality of the Convention, the organs of legal or trade union representation of the workers, trade unions and business associations concerned.

(b) If the reason for the challenge is the lesivity of the Convention, to third parties whose interest has been seriously injured. Workers and employers falling within the scope of the Convention shall not be held by third parties.

2. All the representatives of the negotiating committee of the Convention shall be entitled to legitimize.

3. The application shall contain, in addition to the general requirements, the individuals who for the ex officio communication are provided for in the preceding article, and the Convention and its copies must also be accompanied.

4. The Fiscal Ministry will always be part of these processes.

Art. 163.

1. Received the communication of its own motion or the request, the Judge or the Chamber shall indicate for trial, with summons from the Prosecutor's Office and, where appropriate, the parties referred to in Article 162 (4) of this Law. In their appearance, those parties shall, in the first instance, submit the procedural position which they adopt, of conformity or opposition, in respect of the application of the application.

2. The judgment, which shall be delivered within three days, shall be communicated to the employment authority and shall be enforceable from the time it is issued, notwithstanding the appeal against it.

3. Where the judgment is void, in whole or in part, of the contested Collective Convention and has been published, it shall also be published in the "Official Gazette" in which it was inserted.

CHAPTER X

Of the challenge of the Statutes of the Trade Unions or of their modification

Section first. Impeachment of the administrative resolution that denies the deposit

Art. 164.

1. The promoters of the trade unions of workers at the stage of the constitution, and the signatories of the act of incorporation thereof, may challenge the decisions of the public offices which reject the deposit of the Statutes presented for their purpose. advertising.

2. The Fiscal Ministry will always be part of these processes.

Art. 165.

The period for the exercise of the action of impeachment shall be ten working days, counted from the date on which the notification of the refusals is received, expressed or passed one month after the date of the submission of the proceedings. Statutes without notifying the promoters of the defects to be addressed.

Art. 166.

The application must be accompanied by copies of the Statutes and the decision of refusal, if there is a specific responsibility, or a copy of the presentation of the Statutes.

Art. 167.

Within the following working day of the application, the Judge or Chamber shall require the competent public office to send the file, which shall be forwarded within five days.

Art. 168.

The judgment, to estimate the claim, will immediately order the deposit of the union statute in the corresponding public office.

Art. 169.

1. The rules laid down in this Section shall apply to the proceedings of the dispute for the rejection of the deposit of the Statutes of the Trade Unions, in cases of modification of the rules.

2. They shall be entitled to challenge the administrative decision of the representatives of the Union, and may appear as interveners.

Section 2. Challenge of the Statutes of Trade Unions

Art. 170.

1. The Prosecutor's Office and those who demonstrate a direct, personal and legitimate interest may request the judicial declaration not to be in accordance with the Statute of the Trade Unions which have been the subject of deposit and publication, both in the case of which are in the form of a constitution as in which they have acquired legal personality.

2. The promoters of the Union and the signatories of the constitution, as well as those who legally represent the Union, will be legitimately legitimized, if they have already acquired this legal personality.

3. The Fiscal Ministry will always be part of these processes.

Art. 171.

Admitted the application, the court will require the public office concerned to refer the authorized copy of the file, and the office must send it within five days.

Art. 172.

1. If it is an estimate, the judgment shall declare the nullity of the statutory clauses which are not in accordance with the law or the Statutes in their entirety.

2. The judgment shall be communicated to the relevant public office.

Art. 173.

The rules set out in this section will apply to the processes on amendments to the Statutes of Trade Unions that already have legal personality.

CHAPTER XI

From the protection of the rights of freedom of association

Art. 174.

1. Any worker or trade union who, by invoking a legitimate right or interest, considers the rights of freedom of association to be injured, may seek his protection through this process when the claim is attributed to the court order social.

2. In those cases where the worker is the subject of the injured person, the legal standing as the main party, the Union to which he belongs, as well as any other Union which has the status of more representative, may be personified as adjuvants. They will not be able to use or continue the process regardless of the main parts.

3. The Fiscal Ministry will always be part of these processes, adopting, where appropriate, the necessary measures for the treatment of criminal behavior.

Art. 175.

The object of this process is limited to the knowledge of the injury of the freedom of association, without possibility of accumulation with actions of other nature or with identical pretension based on different bases to the protection of that freedom.

Art. 176.

1. The processing of these processes will be of an urgent nature for all purposes, being preferential for all those who follow in the Court or Court. The resources to be brought will be resolved by the Court with equal preference.

2. The application shall be made within the general period of limitation or expiry of the action envisaged for the conduct or acts on which the injury to the freedom of association is made.

3. The claim, in addition to the general requirements laid down in this Law, must clearly express the facts of the alleged infringement.

4. Without prejudice to Article 81 (1) of this Law, the Judge or the Chamber shall reject the claims which are not to be dealt with in accordance with the provisions of this Chapter by warning the applicant of the right to promote the action by the relevant procedural channel. However, the Judge or Chamber may give the application the ordinary or special treatment if it is competent for one or the other competent and the application meets the requirements of the Law.

Art. 177.

1. In the same letter of application, the actor may request the suspension of the effects of the contested act. This request may be deducted only in cases where there are alleged injuries which prevent the participation of candidates in the electoral process or the exercise of the representative or trade union function in respect of collective bargaining, templates or other issues of transcendental importance that affect the general interest of workers and which may cause damage of impossible repair.

2. Within the day following the admission of the application, the Court or Court shall cite the parties and the Prosecutor's Office so that, in the day and time which is indicated within the next forty-eight hours, they shall appear before a preliminary hearing, in the only claims and evidence on the suspension requested shall be admissible.

3. The judicial body shall act by means of a self-made voice in the act, adopting, where appropriate, appropriate measures to remedy the situation.

Art. 178.

1. When the application is accepted, the Judge or the Court shall cite the parties for the acts of conciliation and judgment, which shall take place within the period of five days following the date on which the application is accepted. In any case, there will be a minimum of two days between the summons and the effective celebration of those acts.

2. In the event of the trial, once the concurrence of evidence that there has been a violation of trade union freedom has been found, the defendant will be responsible for the provision of an objective and reasonable justification, sufficiently proven, of the measures adopted and its proportionality.

3. The Judge or the Chamber shall give judgment within three days of the conclusion of the act of judgment, by publishing and notifying the parties or their representatives immediately.

Art. 179.

1. The judgment shall state whether or not the infringement has been reported. If yes and after the declaration of radical nullity of the conduct of the employer, association, public administration or any other person, Entity or public or private corporation, will order the immediate cessation of the behavior anti-union and the replacement of the situation at the time of the event itself, as well as the reparation of the consequences arising from the act, including the compensation which it shall take.

2. If the circumstances of the defendant are not satisfied in the conduct of the defendant, the Judge or the Chamber shall, in its own judgment, decide on the lifting of the suspension of the contested decision or act or of the precautionary measure which, at the time, could have agreed.

Art. 180.

The demands for protection of other fundamental rights and public freedoms, including the prohibition of discriminatory treatment, which are raised in the field of legal relations attributed to the knowledge of the order (a) social court shall be dealt with in accordance with the provisions laid down in this Chapter. Such claims shall express the fundamental right or rights which are deemed to be infringed.

Art. 181.

Notwithstanding the provisions of the foregoing articles, the demands for dismissal and for the other causes of extinction of the contract of employment, those of enjoyment of vacations, those of electoral matters, the challenges of the Constitution of Trade Unions or their amendment and those for the challenge of collective agreements where injury to trade union freedom or other fundamental right is invoked shall be dealt with, inexcusably, in accordance with the relevant procedural arrangements.

TITLE III

From the audience to the rebel defendant

Art. 182.

To the processes followed without the defendant having appeared, the rules contained in Title IV, book II, of the Law of Civil Procedure, shall apply to them, with the following specialties:

1. No statement of rebellion of the defendant shall not be required which, in form, does not appear to appear in the judgment.

2. At the request of the plaintiff, the attachment of movable and immovable property may be decreed as necessary to ensure the supply.

3. The deadline for requesting the hearing will be three months from the publication of the judgment in the corresponding "Official Gazette" in the assumptions and conditions provided for in Article 785 of the Civil Procedure Act.

4. The petition shall be filed with the Social Room of the High Court of Justice or the Supreme Court, where appropriate.

5. The hearing of the defendant shall be brought before the body that he has heard of the dispute at the request.

6. In both cases, the procedures for the ordinary process will be followed.

BOOK III

From the means of impeachment

CHAPTER FIRST

From resources against providences and cars

Art. 183.

1. An appeal for replacement may be brought against the provisions and orders of the Social Judges, without prejudice to which the contested decision shall take effect.

2. No new appeal shall be made against the order of the replacement resource, except in the cases expressly provided for in this Law, without prejudice to the liability of civil liability as appropriate.

3. There will be no place for the recourse to replace the providences and cars that are dictated in the processes of collective conflicts and in the challenges of collective agreements.

Art. 184.

1. Against providences which are not of mere processing and the orders of the Chambers of the Social Chamber may be brought before the same Chamber, without prejudice to which the contested decision shall take effect.

2. No new appeal shall be given against the order of appeal of the appeal, except in the cases expressly provided for in this Law, without prejudice to the liability of the civil liability as appropriate.

3. There will be no place for the appeal against the providences and cars that are dictated in the processes of collective conflicts and in those of contestation of Conventions.

Art. 185.

The replenishment and supplication resources will be substantiated in accordance with the provisions of the Civil Procedure Act.

Art. 186.

The complaints that the Social Chambers of the Supreme Court or the Social Room of the Supreme Court know, according to the cases, will always be dealt with in accordance with the provisions of the Law of Civil Prosecution to complain to the Supreme Court.

CHAPTER II

From the request resource

Art. 187.

1. The Chambers of the Social of the High Courts of Justice will know of the appeals of petitions that are brought against the resolutions handed down by the Courts of the Social of his constituency.

2. That action shall be taken against the decisions laid down in this Law and for the reasons set out therein.

Art. 188.

They are actionable in supplication:

1. The judgments given by the Courts of the Social in the proceedings before them are dealt with, whatever the nature of the case, except those that fall within the processes relating to the date of enjoyment of holidays, in those of In the case of a professional qualification, the right to a penalty is not a very serious one, which is confirmed judicially, and those given in complaints whose litigious amount does not exceed 300 000 pesetas. The request will proceed in any case:

a) In the processes by dismissal.

(b) In those followed by complaints, accumulated or not, in which the issue discussed affects all or a large number of workers or beneficiaries of Social Security, provided that such circumstance of general affectation it is notorious or has been alleged and proven in judgment or clearly possesses a content of generality not called into question by any of the parties.

(c) In processes which deal with the recognition or refusal of the right to receive Social Security benefits, including unemployment benefits, as well as the degree of invalidity applicable.

(d) Against judgments rendered by complaints which are intended to remedy a fundamental lack of the procedure or the omission of the prior mandatory conciliation attempt, provided that the protest has been formulated in time and form and have produced defenselessness.

e) Against judgments that decide on the jurisdiction of the Court on the grounds of matter. If the substance of the case is not within the limits of the request, the judgment will only resolve the jurisdiction.

Judgments that decide on jurisdiction for the reason of the place will only be used in pleading if the claim discussed is within the limits of this article.

f) Against judgments handed down in matters of collective conflicts, contestation of collective agreements, contestation of the statutes of trade unions and protection of trade union freedom and other fundamental rights and freedoms public.

2. The orders of the Court of Justice of the European Communities, which decide on the appeal against which the Court of the Social Court is to be held, provided that the judgment has been brought before the Court of Justice, when it resolves controversial in the suit, not decided in the sentence or that contradict the execution.

3. Orders declaring that there is no place in the order of inhibition in respect of a matter which, as prevented in this article, could have been appealed for.

4. Orders to settle the action for replacement brought against the judgment in which the Judge, acting in a manner followed by the provision of the application, is declared to be incompetent on the grounds of the matter.

Art. 189.

1. If the applicants are several or a defendant reconfirms, the amount of litigation, for the purposes of the source or not of the appeal, shall be determined by the largest quantitative claim.

2. If the actor formulates several claims and claims quantity for each of them, they shall all be added together to establish the amount.

Art. 190.

The request resource will have the object:

(a) Repose the cars to the state where they were at the time of violation of rules or guarantees of the procedure that have produced defenseless.

b) Review the proven facts, in the light of the documentary and expert trials practiced.

c) Examine violations of substantive rules or case law.

Art. 191.

1. The appeal must be announced within five days of the notification of the judgment, in order to do so by the mere manifestation of the party or its lawyer or representative, in making the notification of that party, of its purpose of bringing it up. It may also be announced by appearance or in writing by the parties or by their lawyer or representative before the Court which issued the contested decision, within the prescribed period.

2. In judgments given in the field of social security which recognise the recipient of the right to receive benefits, in order to be able to appeal against payment of such benefit, it is necessary for him to have entered the General Treasury of the Social security corresponding to the capital amount of the benefit declared in the judgment, in order to pay the beneficiaries during the substance of the appeal, presenting the appropriate safeguard to the Court in the Court of Justice, Remaining in the custody of the Secretary.

3. In the case referred to in the preceding number and once the appeal has been announced, the Judge will give a decision ordering the transfer of the amount of the pension to be paid to the managing body or the common service. Having received this communication, it will notify the appellant so that within five days it will make the required consignment in the General Treasury of Social Security, under the warning that if it does not do so, the procedure will be terminated. resource.

4. If the judgment is condemned to the managing body, the entity shall be exempt from the income prevented in number two, but must present before the Court, when announcing its appeal, certifying evidence that the payment of the payment service begins (a) the Commission will continue to carry out a detailed review of the action. Failure to do so effectively will terminate the review of the resource.

Art. 192.

1. If the judgment is subject to appeal and the party has announced the appeal in time and form and complied with the other provisions laid down in this Law, the Judge shall have the appeal announced, and shall agree to make the orders available to the A lawyer appointed to take charge of the hearing within the period of a hearing within 10 days of the date of the hearing. This time limit shall be fixed at any time when the Letrado has collected the cars at its disposal.

2. If the contested decision is not subject to appeal; if the appellant infringes his duty to enter or to secure the quantity which is the subject of a conviction; or if the appeal has not been announced in time, the judicial body shall, by means of self-motivated, have by not announced the resource. The same rule applies when the action is taken on social security benefits and the prevention measures contained in the previous article were omitted. This order may be lodged against the Chamber.

3. If the appellant has incurred defects or omissions consistent with the failure to record or secure the conviction, to present the deposit of the deposit referred to in Article 226 of this Law, or the representation by which the action is announced, the Judge shall give the party the time it considers relevant for the contribution of the omitted documents or for the purposes of the assessment of the defects which are not more than five days. If it fails to do so, it will order that the appeal be terminated, the contested judgment being upheld. It may be lodged against that order before the Chamber.

Art. 193.

1. The application shall be lodged with the Court of Appeal, with as many copies as the parties under appeal.

2. In the case of the appeal, the reasons for the application shall be expressed, with sufficient precision and clarity, in the grounds or grounds for standing, in accordance with the rules of legal order or case-law which are deemed to be infringed. In any case, the relevance and substantiation of the reasons shall be reasoned.

3. They shall also be sufficiently marked to be identified, the documents or expertise on which the reason for the review of the proven facts is based.

Art. 194.

By bringing the appeal in time and form or under its defects or omissions, the Judge shall provide within two days of the appeal to the party or parties under appeal for a single period of five days for all. After this period, submitted or not written of impeachment, the cars shall be raised to the Chamber of the Social of the Superior Court of Justice, together with the appeal and with those written, within the next two days.

Art. 195.

The appellants and the appellants shall record, in the written submissions of the appeal and of the appeal, a domicile at the seat of the Social Chamber of the High Court for the purposes of notification.

Art. 196.

If the Chamber appreciates, received the orders, defects or omissions in the appeal, it shall grant the party the time limit which it considers sufficient and in no case more than eight days, in order for the omitted documents to be provided or To remedy the defects. If it does not take place, the Chamber shall order the application and the firmness of the decision under appeal, with the return of the deposit constituted and the referral of the proceedings to the Court of Provenance. Against that order only appeal can be made.

Art. 197.

1. The Court of Appeal shall, by three days, give notice to the Chamber of the action brought and the latter may agree to the inadmissibility of the proceedings, with a hearing of the appellant, for having already dismissed the Chamber in the fund other resources in cases substantially equal.

2. The hearing to the appellant will conform to the following rules:

(a) The Court shall, within five days of the date on which the Judge-Rapporteur was instructed, identify, by way of a succinct relationship, the precedents of equality which constitute a consolidated doctrine, as well as the Legal reference precept or precepts applicable to such situations and the reasons for the adoption of the criterion already followed by the Chamber, notifying the appellant.

(b) Within five days of the notification, the appellant shall evacuate its claims on the extremes contained in the Chamber's agreement.

3. The decision to refuse the appeal must be given on the basis of a reasoned decision within three days of the period of the hearing being granted to the party, whether or not the claims have been made. The order of admission cannot be appealed against and the parties and the Office of the Prosecutor of the High Court of Justice shall be notified.

4. The inadmissibility of the appeal shall determine the imposition of the costs on the appellant in the terms laid down in this Law, as well as the return of the deposit of the fixed amount and necessary for recourse, which shall be carried out when the order is firm.

Art. 198.

1. If the appeal is admissible, the Chamber shall give judgment within ten days, which shall be notified to the parties and to the Office of the Prosecutor of the High Court of Justice.

2. If the judgment is signed, the Chamber shall return the cars, together with the certification of that judgment, to the Court of provenance for their execution.

Art. 199.

When the revocation of the decision is founded on having infringed rules or guarantees of the procedure that have produced defenselessness, the Chamber, without going into the substance of the matter, will send the cars to the state in which they were at the time of the infringement; and if it had occurred at the event of the trial, at the time of their statement.

Art. 200.

1. Where the Chamber completely revokes the judgment of the instance and the appellant has entered in cash the amount of the sentence or insured the same in accordance with the provisions of this Law, as well as constituted the deposit necessary for recourse, the judgment will provide for the return of all the consignations and the deposit and the cancellation of the insurances provided, once the sentence is signed.

2. If the application for a request is deemed to be less than the judgment under appeal, the judgment shall provide for the partial refund of the entries, in the amount corresponding to the difference between the two convictions, and the cancellation also partial of the insurance provided, once the judgment is signed.

3. In all cases of partial estimation of the request resource, the failure will provide for the return of the entire deposit.

Art. 201.

1. Where the Chamber confirms the judgment and the appellant has entered the amounts referred to in this Law, the judgment shall condemn the loss of the consignment, to which the appropriate destination shall be given where the judgment is firm.

2. In the event that the Judge has imposed on the party that he has acted with bad faith or the fine with which the fine indicated in Article 97.3 of this Law is known, the judgment of the Chamber shall confirm or not, in whole or in part, also in part, that fine, and, where the convicted person is the employer, on the fees of the lawyers imposed in the judgment under appeal.

3. If the appellant has secured the amount of the sentence as prevented by this Act, he shall send the Chamber in his confirmatory judgment to maintain the insurance provided, until the sentenced person complies with the judgment or until the compliance with the statement resolves the performance of such insurments.

4. If the appellant has constituted the deposit necessary to appeal, the confirmatory judgment shall have its loss, which shall be made where the judgment is final.

CHAPTER III

From the appeal

Art. 202.

1. The Fourth Chamber of the Supreme Court shall be aware of the appeals brought against the judgments given in a single instance by the Chambers of the Social of the High Courts of Justice and by the Chamber of the Social National.

2. That action shall be taken against the decisions laid down in this Law and for the reasons set out therein.

Art. 203.

They are actionable in cassation:

First. Judgments given in a single instance by the Chambers referred to in the previous Article.

Second. The orders to be filed against those who are in execution of the judgment are given by those Chambers, when they resolve substantial non-controversial points in the case, not decided in the judgment or which contradict the execution.

Third. Orders to settle the appeal lodged against the judgment in which the Chamber, acting in a manner followed by the filing of the application, is declared to be incompetent for the matter.

Art. 204.

The appeal must be based on one of the following reasons:

a) Abuse, excess or defect in the exercise of jurisdiction.

b) Incompetence or procedural inadequacy.

c) Breach of the essential forms of the judgment for infringement of the rules governing the judgment or those governing the proceedings and the procedural guarantees provided that, in the latter case, there has been an indefencement to the part.

d) Error in the assessment of the evidence based on documents in cars demonstrating the misjudgment of the judge, without being contradicted by other evidence.

e) Infringement of the rules of law or case law that are applicable to the resolution of the issues under discussion.

Art. 205.

1. The appeal must be lodged within 10 days of the notification of the judgment, in order to be considered as prepared merely the expression of the parties or of their lawyer or representative, in making the that, of their purpose to engage him.

2. He may also be prepared by appearance or in writing by the parties or his/her lawyer or representative within the same period of time as the previous number, before the Chamber which issued the decision being challenged.

Art. 206.

1. The Board of Appeal shall, in accordance with the conditions laid down for the application, have the appeal or appeals and shall place the parties to appear personally or through a lawyer or a representative before the Social Chamber of the Supreme Court within 15 working days, if they have their domicile on the Peninsula, or twenty when they reside outside the Peninsula, the orders being sent within five days of the date of the placement.

2. If the contested decision is not subject to appeal; if the appellant infringes his duty to enter or to secure the quantity to be condemned; or if the appeal has not been prepared in time, the Chamber shall declare by reasoned order, by not ready the resource. This car may be used as a complaint.

3. If the appellant has been guilty of defects or omissions, the Chamber shall grant him sufficient time for the defects to be remedied, which shall in no case be more than ten days. Failure to do so shall give the Chamber the right to terminate the proceedings, the contested judgment being upheld. This order may be used as a complaint.

Art. 207.

1. If the appellant appears before the Fourth Chamber personally or by means of a representative within the prescribed time limit, it shall be for all purposes.

2. The request of a lawyer of trade made by the appellant in the preparation of the appeal exempts him from appearing before the Fourth Chamber, without prejudice to the understanding of the proceedings with that Advocate.

3. If the appellant not included in the preceding number ceases to elapse the time granted for the site without appearing before the Social Room, the latter shall declare the action to be deserted and return the proceedings to the Chamber of provenance.

Art. 208.

In the absence of the powers that credit the representation of the party or of the protection of having constituted the legally required deposit, or of appreciating in them some defect, the Chamber will grant to the party the term that considers relevant, without exceeding 10 days, to allow the missing documents to be supplied or to subsane the defects. If it is not carried out, the Chamber shall order the application and the determination of the judgment under appeal, with the return of the deposit lodged and the proceedings referred to the Chamber of provenance. Against that order only appeal can be made.

Art. 209.

Received the cars in the Fourth Chamber, the latter will agree to surrender to the lawyer appointed by the appellant or appointed ex officio to formalize the appeal within the period of 20 days, which period will start to run, whichever is the the time when he withdraws them, from the date on which he is notified that the cars are in the Secretariat of the Chamber and at his disposal.

Art. 210.

1. After three days, the Judge-Rapporteur shall give an account to the Board of Appeal and the Court may agree to hear the appellant on the inadmissibility of the appeal.

2. The failure to comply in a manifest and unsubsainable manner of the requirements for recourse, the lack of the casational content of the claim and the fact that other resources have already been dismissed in substance are causes of inadmissibility. equals.

3. The hearing on the inadmissibility of the appeal shall be evacuated by the party within three days of the date on which the judgment of the Chamber was notified to it; and the transfer of the cars to the Ministry of Public Prosecutor's Office shall be given eight days for the report on the inadmissibility of all the grounds of the appeal or any of them.

4. If the Chamber considers that any of the causes of inadmissibility referred to is present, it shall, within three days, give a reasoned order stating that the appeal is inadmissible and that the judgment under appeal is inadmissible, with the appellant's costs being imposed on the appellant. the terms set out in this Law, with the return of the deposit necessary to appeal, without recourse to that decision. If the admission is not of all the grounds adduced, it shall be settled by the Chamber by means of a reasoned order, which shall also be inadmissible, continuing the proceedings of the appeal in respect of the reasons not affected by the self-admission procedure. partial.

Art. 211.

1. If the appeal is partially or wholly accepted, the orders for the appeal shall be given within ten days to the parties or parties under appeal and persons, in order for them to be written of the challenge, the time limit which shall start to run, whichever is the time withdraw from the date on which they are notified that the cars are in the Secretariat of the Chamber and at their disposal.

2. If the Prosecutor's Office had not been a party to the dispute, it shall then pass on to the file so that within ten days it reports on the origin or the origin of the intended appeal.

3. The Court, together with its report, the Chamber, if it considers it necessary, shall indicate the day and time for the holding of the hearing or, in another case, for a vote and judgment, with one or more to be held within ten days. next.

4. The Chamber shall give judgment within 10 days from the date of the termination of the hearing or the conclusion of the vote.

Art. 212.

If the appeal is considered for all or some of the grounds, the Chamber, in a single sentence by marrying the contested decision, will rule in law, taking into account the following:

(a) If the lack of jurisdiction, incompetence or inadequacy of the procedure is to be estimated, the judgment shall be annulled and the right to exercise the pretensions to the person concerned or the proceedings shall be terminated. appropriate.

(b) The procedural infringements provided for in Article 204 (c) of this Law shall be considered to be in order to replace the action to the State and the time at which the offence was incurred, unless the offence had been committed. produced during the trial, in which case they shall be replaced at the time of their statement.

If the infringement committed will be about the rules of the ruling, the reason for the reason will force the Chamber to resolve the matter, within the terms in which the debate appears. However, if it is unable to do so, the fact that the contested decision has been proved to be insufficient, it shall agree to the nullity of that decision and to the following procedural steps and to replace them at the time of the judgment. The warnings are saved and the cars continue their legal tender.

(c) If any of the other reasons referred to in Article 204 are to be estimated, the Chamber shall decide what is appropriate within the terms of the debate.

Art. 213.

1. Provided that the appeal is estimated, if the appellant has entered in cash the amount of the sentence or insured is in accordance with the provisions of this Law, as well as constituted the deposit necessary for recourse, the judgment arrange for the return of all the consignations and the deposit and the cancellation of the insurances provided.

2. If the appeal is estimated to be less than that laid down in the judgment under appeal, the judgment shall provide for the partial refund of the entries, in the amount corresponding to the difference between the two convictions, and the also partial cancellation of the insurments made.

3. In all cases of partial estimation of the appeal, the judgment shall provide for the return of the entire deposit.

Art. 214.

If the appeal is dismissed and the appellant has had to cash the amount of the sentence or secure the same and constitute the deposit, the judgment will have the loss of the consignations, as well as the the need to maintain the security provided until the judgment is complied with or, where appropriate, to resolve the security and the loss of the quantity covered by the said deposit.

CHAPTER IV

From the appeal for the unification of doctrine

Art. 215.

The judgments handed down in pleading by the Chambers of the Social of the High Courts of Justice are subject to appeal for the unification of doctrine.

Art. 216.

The purpose of the appeal will be the unification of doctrine on the occasion of judgments handed down in order by the Chambers of the Social of the High Courts of Justice, which are contradictory to each other, with that of another or other Chambers of the High Courts or with judgments of the Supreme Court, in respect of the same litigants or other different persons in the same situation, where, in merit of facts, foundations and substantially equal claims, come to different pronouncements.

Art. 217.

The appeal may be prepared by either party or the Prosecutor's Office within 10 days of notification of the contested judgment.

Art. 218.

1. The appeal shall be prepared in writing to the Social Chamber of the High Court of Justice which issued the pleading.

2. The document must be signed by a lawyer and shall express the purpose of the party to formalize the appeal, with succinct exposure of the concurrence of the required requirements.

3. If the sentence of appeal recognized the right to receive pensions and allowances, the income shall be made or shall provide the certifications required by Article 191 of this Law, in the manner in which it is established, The statements made to the Court of Justice of the High Court of Justice shall be construed as references to the Court of Justice.

Art. 219.

Fulfilled the requirements for recourse, the Board shall have for preparation the appeal, following the formalities laid down in Articles 206, 207 and 208 of this Law.

Art. 220.

1. The party which has prepared the appeal shall submit to the Social Chamber of the Supreme Court within 20 days of the date on which the application was made, the letter of appeal. Failure to do so will allow the Chamber to terminate the proceedings of the appeal.

2. Except in the case of a lawyer appointed by the office of trade or of the freely appointed by the party after the unsuccessful result of the appointment of an office, the application of the orders to the appellant shall not be necessary for him to formalise the appeal, unless expressly requested by it, without such a request altering the course of the period of interposition.

Art. 221.

The application of the action must contain a precise and circumstantial relationship of the alleged contradiction, with a certified contribution of the judgment or contrary judgments and with the basis of the infringement. The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held a Failure to provide the certification of the judgment or contrary judgments must be remedied within 10 days unless the party has requested it in a timely manner and has not been issued, in which case the Fourth Chamber of the Court Supreme will reclaim them from office.

Art. 222.

1. Where the party has failed in a manifest and unsubsainable manner to comply with the procedural requirements for recourse or where the claim does not contain a case-law, the Judge-Rapporteur shall give the Chamber three days ' notice of the cause of admission. The Court of First Instance, in which the Court of First Instance held that the Court of First Instance held that the Court of First Instance held a hearing. Where the Prosecutor's Office has not brought the action, he shall be transferred to report within eight days on the inadmissibility of the appeal.

2. If the Chamber considers that any of the causes of inadmissibility referred to in Article 1 (1) (a) of the first paragraph of Article 3 (1) (a) of the first paragraph of Article 3 (1) of the Treaty is inadmissible, the Court of First Instance shall, in accordance with Article 1 (1) of the Treaty, terms set out in this Act. There is no recourse to such an order. The order of inadmission shall, where appropriate, entail the loss of the deposit constituted, giving the consignment and securing the intended destination, in accordance with the plea.

3. Where the Chamber understood that the appeal was brought for a delay, it may also impose a financial penalty which may not exceed 150 000 pesetas.

4. For the ordinary office and resolution of the inadmissibility of this appeal, the Chamber shall be constituted with three Magistrates.

Art. 223.

1. If the appeal is admissible, the Chamber shall transfer the document of interposition to the party or parties to the proceedings to formalise its challenge within the period of 10 days, which shall begin to run, whatever the moment it is withdrawn, from of the date on which you are notified that the cars are in the Secretariat of the Chamber and at your disposal.

2. If the Ministry of Public Prosecutor's Office is not the appellant, it shall then pass on the orders so that within ten days it reports on the origin or the origin of the intended appeal.

Art. 224.

1. Returned the cars by the Fiscal Ministry, together with their report, the Chamber will agree to convene, within the next ten days, for a vote and ruling. The judgment shall be delivered within 10 days from the date of the holding of the vote.

2. If the significance or complexity of the case so advises, the President or the majority of the Chamber may agree that the Chamber shall be five Magistrates.

Art. 225.

1. The pronouncements of the Fourth Chamber of the Supreme Court in resolving these appeals, in no case shall they reach the legal situations created by the resolutions preceding the contested decision.

2. If the judgment of the Supreme Court declares that the appellant is breaking the unity of doctrine, it shall marry and annul this judgment and resolve the debate raised in supplication with statements adjusted to that unity of doctrine, reaching the specific legal situations created by the contested judgment. The judgment of the Supreme Court of the Supreme Court shall be settled as to what is applicable on consignations, insurances, costs, fees and fines, if any, arising from the appeal of the request in accordance with the provisions of this Law. If the deposit has been lodged, the refund shall be agreed upon.

3. The judgment of the Court of Justice of the Court of Justice of the European Court of Justice of the European Union The failure shall provide for the cancellation or maintenance of the consignations or insurances provided, in accordance with their pronouncements.

CHAPTER V

From common provisions to appeals and appeals

Art. 226.

1. Any person who does not have the status of a worker or a person who is a beneficiary of the public social security scheme shall attempt to bring an appeal or an appeal, shall enter as a deposit:

a) 25,000 pesetas, if this is a request resource.

(b) 50 000 pesetas, if the appeal is the appeal, including the appeal for the unification of doctrine.

2. The deposits shall be lodged with the corresponding credit institution, with the appellant having to deliver the proof of proof at the Registry of the Court, at the time of lodging the appeal, or at the Registry of the Chamber of time to be in it.

If these deposits are not constituted in the manner indicated, this will be in accordance with this Law in the corresponding articles.

3. Deposits whose loss has been agreed upon by judgment shall be entered into the Treasury.

4. The State, the Autonomous Communities, the Local Entities, the autonomous bodies dependent on all of them and those who have recognized the benefit of free justice shall be exempt from constituting the deposit referred to in the To have recourse are required in this Law.

Art. 227.

Where the judgment in question has been ordered to pay the amount, it shall be essential for the appellant not to benefit from the benefit of free justice by announcing the appeal or in preparing the appeal. (a) the amount to be entered in the cash-in-cash statement, the amount of which may be replaced by the amount of the amount to be entered in the appropriate credit institution and the 'Deposits and Consignations Account' opened in the name of the Court or the Board of Appeal; insurance by bank guarantee, in which the liability must be stated solidarity of the guarantor. The declaration of entry into cash or, where appropriate, the insurance document, shall be kept in the custody of the Registrar, who shall bear witness to them for union with the cars, facilitating the timely receipt.

Art. 228.

1. If the appeal is filed, the appointment of Letrado will be made before the Court at the time of the announcement. If the appeal is that of an appeal, both ordinary and for the unification of doctrine, it shall be made before the Chamber of the Social of provenance if it is verified within the period prescribed for preparing it or before the Social Room of the Supreme Court within from the site.

2. The designation may be made by appearance or in writing. In this and not to accompany power of attorney, there will be no need to ratify.

3. If there is no express designation of representative, it is understood that the Letrado also carries the representation of its defendant.

4. Where the appellant does not make express designation of Lettado, if he is a worker or an employer who enjoys the benefit of free justice, he shall be appointed on his own initiative by the Court, on the day following that in which the time limit for announcing is concluded. the appeal, or by the Fourth Chamber of the Supreme Court, within the day after the time of placement is due.

Art. 229.

1. If the appellant has been appointed ex officio, the orders shall be given to him in order to bring the appeal or to make the appeal within 10 or 20 days, respectively. These deadlines will start to run from the date you are notified that the cars are at the Secretariat and at your disposal.

2. If the Ombudsman considers that the appeal is inadmissible, he shall give it in writing without reasoning, within three days. In this case, within the next two, it will be named a new Lettado and if this opinion as the previous one, which will expose in the form and in the period before indicated, will be made to know to the part the result to that within the next three days can be valerse, if he so wishes, of an Advocate for his free designation, which must be formalized within the period prescribed in the Law. The party shall communicate the appointment of a lawyer to the Court or the Chamber within the same three-day period, agreeing to the delivery of the cars to the designated person, in the manner set out in the preceding number. In another case, the resource will be terminated.

3. The appointed lawyer, who does not return the cars within the three-day period referred to in the preceding number, stating his opinion of being unfit for the action, shall be obliged to take the action within the prescribed period.

Art. 230.

1. The Chamber shall not admit to the parties any document or allegations of facts which do not result from the file. However, if the appellant submits any document falling within the meaning of Article 506 of the Law on Civil Procedure or a written procedure which contains evidence necessary to prevent the infringement of a fundamental right, the Chamber, or the opposing party within the three-day period shall, within two days of the following, be provided with a reasoned order against which no appeal for appeal shall be lodged.

2. The procedure referred to in the preceding paragraph shall interrupt the procedure which, where appropriate, the Chamber agrees on the inadmissibility of the appeal itself.

Art. 231.

1. The Chamber may, on its own initiative or at the request of a party, agree before the vote and fail or, where appropriate, to take into account the accumulation of the proceedings in which there is an identity of object and of any of the parties. Before agreeing on the cumulation, the Chamber shall hear, within the single and common five-day period, the parties to the resources to be accumulated. The hearing will deal with the existence or not of objective identity.

2. The rapporteur shall be appointed as the rapporteur for the resources accumulated to which he was first appointed, and on equal dates, to the most modern.

3. The agreement of the Chamber on cumulation shall be adopted by reasoned order.

Art. 233.

1. The judgment will impose the costs on the part due on the appeal, except when it enjoys the benefit of free justice. The costs shall include the fees of the lawyer of the opposing party who acted on the appeal, without such fees being able to exceed the amount of 100 000 pesetas, in appeals, and of 150,000 in appeals.

2. The rule set out in the previous paragraph shall not apply in the case of a process of collective conflict, in which each party shall bear the costs incurred on its request. However, the Chamber may impose the payment of the costs on the party which in that process has resorted to the proceedings.

CHAPTER VI

From the review facility

Art. 233.

1. Against any firm judgment handed down by the courts of the social court, the review facility provided for in Title XXII of the Civil Procedure Act II, Title XXII, shall proceed.

2. The action shall be brought before the Fourth Chamber of the Supreme Court, which shall be resolved, applying the rules in respect of that appeal contained in Title XXII, but the deposit for appeal shall have the amount in the This Law is indicated for appeals.

BOOK IV

From the execution of statements

TITLE FIRST

From the definitive execution

CHAPTER FIRST

General character provisions

Art. 235.

1. The final judgments shall be carried out in the manner prevented by the Law on Civil Procedure for the execution of judgments handed down in verbal judgments.

2. Enforcement shall be carried out by the judicial body which has known the case at the request. Where, in the constitution of the title, there is no judicial intervention, the Court of Justice in whose constituency it is constituted shall have jurisdiction.

3. In the case of accumulation of executions and in the cases of the exclusive allocation of knowledge of the execution to certain Courts of the Social in the same constituency, it shall be subject to its specific rules.

4. Where there are several Courts of the Social, it may be established, in the terms provided for in the Organic Law of the Judiciary, that the knowledge of the executions be carried out exclusively by certain Courts of the same constituency, with total or partial exclusion from other cases.

Art. 236.

The incidental issues that will be promoted will be substantiated, citing the parties ' appearance, within five days, that they will be able to allege and prove their right, concluding by car that there will be be issued within three days.

Art. 237.

1. The enforcement of the final judgments shall be initiated at the request of a party, except where the proceedings are carried out, the execution of which shall be initiated in this manner.

2. The execution shall be initiated, the same shall be dealt with ex officio, with the necessary decisions and measures being taken to the effect.

Art. 238.

Those who, without appearing as creditors or debtors in the executive title or without having been declared successors of one or more other persons, claim a legitimate and personal right or interest that may be affected by the execution try to carry out, have the right to intervene on an equal basis with the parties in the acts that affect them.

Art. 239.

1. The execution will take effect to the terms set forth in the statement.

2. In the face of the party which, required for this purpose, shall leave, without justification, the period granted without having to do so, and as long as it does not satisfy or fails to prove the impossibility of its specific compliance, the Court or the Court, with the aim of obtain and ensure compliance with the obligation which it implements, may, after hearing the parties, use the following measures:

a) Impose pecuniary awards, when executing obligations to give, to do or not to do to obtain compliance with the legal obligations imposed in a judicial resolution. To fix the amount, the purpose, the resistance to the compliance and the economic capacity of the required, can be modified or left without effect, attended to the subsequent conduct and the justification that on those ends may be pressed. The amount fixed, which shall be entered in the Treasury, shall not exceed, for each day of delay in the performance, the maximum amount foreseen for the fines in the Penal Code as penalty for the faults.

b) Increase up to twice the annual interest payable on the amounts due, in consideration of the damage caused by the non-compliance.

3. In the same way and with the same limits, the judicial body may impose periodic penalty payments on those who, not being a party to the execution, unreasonably fail to comply with their requirements for the proper and complete execution of the to obtain compliance with the legal obligations imposed in a court order.

Art. 240.

The judgment may be partially executed, even if an appeal was brought against it, in respect of the pronouncements of the judgment that had not been challenged.

Art. 241.

1. Without prejudice to Article 277, the time limit for the application of the application shall be equal to that laid down in the substantive laws for the exercise of the action to be taken for the recognition of the right to be implemented. This time limit shall be prescribed for all purposes.

2. In any case, the deadline for claiming compliance with the obligations to deliver sums of money will be one year.

3. The action does not prescribe, as long as the obligation is not fulfilled, even if the actions have been filed for provisional insolvency of the execution.

Art. 242.

1. The execution may only be suspended in the following cases:

a) When established by law.

b) At the request of the performer, unless the execution derives from an ex officio procedure.

2. Suspended or paralyzed the process on request or for cause imputable to the performer and after one month without having urged its continuation, the judicial body shall require the latter to manifest, within five days, if the execution has to proceed and to request what is appropriate, with the warning that the action will be provisionally closed on the expiry of the latter period.

Art. 243.

1. If the immediate compliance with the obligation that is carried out could result in workers dependent on the disproportionate losses in relation to which the executing would be derived from the non-compliance punctual, to put in danger the continuity of the working relations subsisting on the debtor company, the executing judicial body may, after hearing the interested parties and under the conditions it establishes, grant a postponement, for the necessary time.

2. Failure to comply with the conditions to be established shall, without the need for an express declaration or the prior requirement, result in the loss of the benefit granted.

Art. 244.

1. Except in the cases expressly provided for in the Law, the decisions given in implementation shall take effect, notwithstanding their challenge, and there shall be no need to make entries for them.

2. The implementing body may, however, for one month, exceptionally be extended by another, suspend, with or without bail, the conduct of the executive acts which may cause damage to the detriment of difficult repair. The Board of Appeal shall have the same power as the Court of Appeal against the decisions of the implementing body and the time for the proceedings of the appeal.

3. The suspension or its refusal may be modified under circumstances oversold or that could not be known at the time of termination of the suspension.

Art. 245.

The transaction or waiver of rights recognized by worker-friendly sentences is prohibited.

CHAPTER II

From the Dinerary Run

Section first. General rules

Art. 246.

1. In the event of a concurrency of embargoes decreed by judicial bodies of the social court on the same goods, the preference to follow the route of the award against them corresponds, without prejudice to the provisions of this Law in the assumptions of accumulation of executions, to the body with the priority of such goods.

However, the subsequent board may continue the award path without being guaranteed the rights of the previous embargoers.

2. The above rule will not affect the ranking of credits among various creditors.

3. The actions which the workers may exercise in order to recover the wages which may be owed to them shall not be suspended by the processing of a insolvency proceedings.

Art. 247.

1. The executed person is obliged to make, at the request of the judicial body, a demonstration on his assets or rights, with the necessary precision to guarantee his responsibilities. It shall also indicate persons who have rights of any kind on their property and are subject to another process of specifying the ends of the property which may be of interest to the execution.

2. This obligation shall, in the case of legal persons, their administrators or the persons legally representing them; in the case of communities of goods or groups without personality, to those who appear as their organisers, managers or managers.

3. In the event that the goods are taxed at real costs, the executed person shall be obliged to state the amount of the secured credit and, where appropriate, the outstanding part of the payment on that date.

Such information may be claimed from the holder of the secured credit, ex officio or at the request of a party or third party.

Art. 248.

1. If there is no knowledge of the existence of sufficient assets, the court or tribunal shall address the relevant public bodies and registers in order to facilitate the relationship of all the assets or rights of the debtor to which they have constancy, after completion by these, if necessary, of the legally possible inquiries.

2. The judicial body may also, within the limits of the right to personal privacy, address or collect the necessary information, in order to achieve the effectiveness of the pecuniary obligation it executes, of financial institutions or depositories or of other private persons who, for the purpose of their normal business or their legal relations with the executed person, must be aware of the goods or rights of the person or may be liable to be liable for payment of the goods or rights.

Art. 249.

Unless otherwise provided, the amount for which the provisional application of interest on late payment is issued and the costs shall not exceed, for the former, the amount of interest to be paid for one year. and, for the costs, of the 10 per 100 of the amount awarded in concept of principal.

Art. 250.

Attended the amount of the prize, the cars in which the execution is issued or other decisions in which the embargoes are issued, shall be notified to the representatives of the workers of the debtor undertaking, for the purposes of can appear in the process.

Art. 251.

1. The Salarial Guarantee Fund and the Management Entities or the Common Services of Social Security, when they are entitled to intervene in the process, are obliged to assume the deposit, administration, intervention or assessment of the goods. (a) embargoed, designating such an ideal person, since they are legally required to do so. Such an obligation may be released with judicial authorisation, if they justify the impossibility of complying with it or its disproportionate burden.

2. The same obligation and the same limits can, in a reasoned manner, be imposed on any person or entity which, by its activity and means, can take charge of it, without prejudice to the compensation of expenses and the payment of the remuneration in accordance with the Law.

3. The material actions relating to the deposit, preservation, transport, administration and publicity for the sale of the goods in question may be entrusted to Entities authorized administratively for this purpose, if the judicial body.

Section 2. The embargo

Art. 252.

To record the existence of sufficient goods, the embargo that is decreed will be in accordance with the legally established order. If not, and in order to ensure the effectiveness of the judicial decision whose execution is called for, the adequacy of such an order shall be made once such goods are known.

Art. 253.

1. If the goods are taken away from immovable property or other forms of public records, the court shall order the court of its own office to free and direct the Registrar of the order to practice the seat corresponding to the embargo. (a) a certificate of ownership of the goods and, where applicable, their charges and charges.

2. The Registrar shall inform the court of the existence of any subsequent seats which may affect the attachment.

Art. 254.

1. An administration or a judicial intervention may be constituted where the nature of the goods or rights taken is necessary.

2. To that end, the judicial body shall provide the parties with a summons to reach an agreement or, where appropriate, make the arguments and evidence they deem appropriate on the need or not for the appointment of an administrator or a person, it is required to carry out such a charge, whether or not to require bail, form of action, accountability and remuneration.

3. The Administrator or, where appropriate, the appointed Controller shall be responsible for the final account of his/her management.

Art. 255.

The executing or executing may be designated as depositary, unless justified opposition from the opposing party. The judicial body may also approve the designation as a depositary of a third party, of a common agreement of the parties or on a proposal from one of them, without justified opposition from the contrary.

Art. 256.

1. If the goods are previously shipped, the reembargant judicial body shall take the appropriate measures for its effectiveness.

2. The judicial or administrative body to which the embargo is communicated shall agree to ensure it and, within the maximum period of 10 days, inform the reembargant on the circumstances and value of the goods, the amount of which is the subject of the award of the who respond and state their actions.

3. It shall also communicate to the body that it decrees the subsequent resolutions which may affect the reembargoing creditors.

Art. 257.

1. The judicial body shall, after taking account of the positive embargo, ratify or amend the provisions of the Executive Committee, agreeing, where appropriate, to the adoption of the necessary safeguards to ensure that the of the goods shipped.

2. It may also, at any time, be satisfied with the sufficiency of the goods seized, agree on the improvement, reduction or lifting of the frozen embargoes.

Art. 258.

1. The third party who invokes the domain over the seized goods, acquired prior to his work, may ask for the lifting of the embargo before the court of the social order which is familiar with the execution, rather than the mere preliminary effects. will rule on the alleged right, raising the embargo in its case.

2. The application, which shall be accompanied by the title of the presentation, shall be made by the third party in advance of the date indicated for the conclusion of the first auction not less than 15 days.

3. Admission of the application, the incidental procedure regulated in this Law will be followed. The court or tribunal shall only suspend proceedings relating to the liquidation of the goods discussed until the resolution of the incident.

Section 3. Realization of the goods shipped

Art. 259.

1. Where it is necessary to appraise the goods which have been seized prior to their completion, the judicial body shall appoint the expert expert corresponding to those who serve in the Administration of Justice, and may, in addition or in the absence thereof, require The designation of a person is suitable for the legally obliged entities to assume the expertise.

2. The appointment made shall be brought to the attention of the parties or third parties who have rights to the goods to be assessed so that within the second day, they may designate others on the other hand, with the prevention that, if they do not, will be compliant.

Art. 260.

If the goods or rights are affected, they are affected by charges or taxes that should remain subsisting after the sale or adjudication, the Secretary, with the expert collaboration and collecting the data that he considers appropriate, shall practice the valuation of those and deduct their amount from the real value of the goods, in order to determine the value of the goods.

Art. 261.

1. For the settlement of foreclosed goods, these procedures may be used:

(a) For sale in Entity authorized administratively for that purpose, if so agreed by the judicial body, whatever the value of the goods.

b) By judicial auction, in cases where the previous procedure is not used.

2. If the liens are securities, they will be sold in the form set out in Article 1.482 of the Civil Procedure Act.

3. In order to make it more effective, the sale of the goods may be carried out in batch or in units.

Art. 262.

The execution of the goods seized by auction shall be in accordance with the provisions of the civil procedural law, with the following modalities:

(a) In the third auction, positions not exceeding 25 per 100 of the quantity in which the goods have been granted shall not be permitted. If the bidder offers a higher sum, the auction shall be approved.

b) If the third auction is to be deserted, the legal persons in solidarity or in the subsidiary, the right to award the goods, with 25 per 100 of the guarantee, shall have the right to award the goods, giving them the time limit. Ten days common. If this right is not used, the embargo will be lifted.

Art. 263.

If the acquisition by auction or the award in payment is made in favour of part of the performers and the award price is not sufficient to cover all the credits of the remaining creditors, the credits of the The successful conclusion of the contract will only be extinguished until the sum that the award price should be attributed to them in the proportional distribution. If lower than the price, the successful creditors must pay the excess cash.

Art. 264.

Only the acquisition or award made in favor of the executors or the legal and subsidiary officials may be made in order to yield to the third party.

Art. 265.

1. It will not be mandatory to document the award order in public writing.

2. The testimony issued by the Registrar of the Court or Tribunal, understanding of the order and the circumstances to verify that order shall be sufficient for the registration of the award order.

Section 4. Payment to creditors

Art. 266.

1. The amounts to be obtained in favour of the performers shall be applied, in their order, to the payment of principal, interest and costs, after the payment of those amounts and costs.

2. If the court or tribunal has previously approved it, the principal shall be entitled to pay the payment of the costs which the execution itself and the third party accredited by third parties have required to carry out. judicially required.

Art. 267.

1. Covering the amount of aaward under principal, the Registrar shall practice due diligence on accrued interest.

2. The settlement of interest may be made as long as the costs and the due diligence are carried out. If both operations are contested, their processing may be accumulated.

3. The fees or rights of lawyers, including those of the public administrations, procurators and social graduates accrued at the time of execution may be included in the costs assessment.

Art. 268.

If the executions followed against the same debtor are accumulated and the goods shipped to satisfy the totality of the labor credits are insufficient, proportionality solutions will be applied in all cases. case, to the credit preferences established in the laws.

Art. 269.

1. Among the concurrent credits of the same degree, the amounts obtained shall be apportioned proportionally, without taking into account any type of temporary priority.

2. If the quantities obtained are not sufficient to cover all the appropriations, the following shall be done:

(a) If none of the concurrent creditors claim preference for recovery, the judicial body shall arrange for the proportional distribution of amounts as they are obtained.

(b) If any of them claims preference, they may present the creditors or require them to do so within the time limit set by a common distribution proposal.

3. Not by asking or not to agree on the proposals made, the judicial body, within five days, will dictate providence by provisionally establishing the distribution criteria and ordering the Registrar to practice, according to them, distribution diligence by making the amounts corresponding to each creditor.

Art. 270.

1. The common proposal or the proposal made by the court or tribunal shall, where appropriate, be transferred to the non-proposing creditors, to the executed and to the Salarial Guarantee Fund, in order to express their conformity or disagreement within the period of three months. days.

2. If no objection is made, the court must approve the joint proposal or the distribution of the distribution to be completed. If that is to be done, all interested parties will be summoned to appear, giving the written submissions.

Art. 271.

1. If a distribution agreement is reached at the hearing, it may be approved in the same act. Stakeholders who do not appear unjustifiably will be held to be in accordance with what is agreed by the comparisents.

2. If no agreement is reached, the incident shall continue, the allegations and evidence relating, where appropriate, to the existence or subsistence of the preferences invoked. The issues raised will be resolved, by order, and the form of distribution will be established.

Art. 272.

It will be possible to participate in the proportional distribution which, until the moment of obtaining the quantities to be distributed, have the condition of the performers of the accumulated processes, with a firm self dispatching execution in their favor.

Art. 273.

1. Third parties based on the right of the third party, whether or not the work creditor of the executed person, to be reintegrated from his credit with preference to the executing creditor, must be deducted before the court of the social order that he is aware of execution, being substantiated by the incidental procedure regulated in this Law.

2. The terceria thus promoted will not suspend the executed execution, continuing the same one until the sale of the seized goods and its amount will be deposited in the corresponding credit institution.

Section 5. Business insolvency

Art. 274.

1. Prior to the insolvency declaration, if the Salarial Guarantee Fund has not previously been called, it shall be given a hearing, for a maximum period of 15 days, in order to be able to call for the practice of the proceedings under its law. agree and designate the assets of the principal debtor to be found.

2. Within 30 days following the practice of the proceedings instituted by the Salarial Guarantee Fund, the court or tribunal shall, where appropriate, order the total or partial insolvency of the person executed, setting in this case the value of the the pericry given to the goods shipped. Insolvency shall be understood as a provisional effect until the goods are known to the person executed or the goods are seized.

3. Legally declared the insolvency of a company, this will constitute a sufficient basis for estimating its survival in other executions, with the possibility of issuing the order of insolvency without the need to reiterate the procedures for the investigation of property Article 248 of this Law, although in any case, must be given prior hearing to the plaintiffs and to the Salarial Guarantee Fund so that they can point out the existence of new assets.

4. If it is determined in the judgment that the amounts legally charged by the Salarial Guarantee Fund are executed, the insolvency declaration will be signed, it will be required in its case for payment, within ten days and, if not done, the execution against the same.

5. The insolvency order and its possible subsequent amendment shall be entered in the Trade Register, if the registered employer is registered.

Art. 275.

1. Where the goods subject to the embargo are affected by the production process of the debtor undertaking and the undertaking continues its activity, the Salarial Guarantee Fund may request the suspension of the execution for a period of 30 days at the end of the assess the impossibility of satisfaction of the work credits, as well as the effects of the judicial alienation of the assets seized on the continuity of the remaining labor relations in the debtor company.

2. Established by the Salarial Guarantee Fund, the impossibility of satisfying the labour credits to determine the extinction of the remaining industrial relations will clearly show it, requesting the declaration of insolvency. to the sole effects of recognition of salary guarantee benefits.

CHAPTER III

From the execution of the firm dismissal statements

Art. 276.

When the employer has opted for readmission, he must inform the worker in writing, within 10 days of the date of notification of the judgment, the date of his return to work, to carry out the within a period of not less than three days following the date of receipt of the letter. In this case, the employer's account shall be taken from the date of notification of the judgment which, for the first time, declares the improvenance to the date on which the readmission takes place, unless, for reasons attributable to the worker, could not have been done within the deadline.

Art. 277.

1. Where the employer does not take back the worker's readmission, he may be required to apply the judgment before the Court of Social:

(a) Within 20 days of the date of the readmission, where the readmission has not been effected.

(b) Within 20 days of the date on which the ten-day period referred to in the previous Article expires, when no date has been set for the resumption of the work allowance.

(c) Within 20 days of the date on which the readmission took place, where the readmission was deemed to be irregular.

2. However, and without prejudice to the non-accrual of the salaries corresponding to the days between the last of each of the periods referred to in paragraphs (a), (b) and (c) and that in which the execution of the judgment is requested, the action To urge the latter, it must be exercised within three months of the determination of the judgment.

3. All deadlines set out in this article are prescription.

Art. 278.

Instated the execution of the judgment, the Judge will subpoena the parties within the next four days. On the day of the appearance, if the persons concerned have been summoned in form and the worker or person representing him is not present, he shall be given a withdrawal from his application; if the employer or his representative does not appear, the event shall be held without their presence.

Art. 279.

1. At the hearing, the party or parties to attend shall be examined by the Judge on the facts of the non-admission or of the irregular admission alleged, providing only those evidence which, at the moment, the Judge considers to be relevant. The relevant minutes shall be drawn up.

2. Within three days of the following, the Judge shall order a self in which, except in cases where none of the two circumstances alleged by the performer is accredited:

a) Declare the termination of the employment relationship on the date of such resolution.

(b) The worker shall be paid an indemnity in forty-five days ' salary per year of service and up to a maximum of forty-two monthly allowances and, in the case of concurrent circumstances and prejudice (a) a period of up to twenty-five days ' salary per year of service and a maximum of 24 monthly allowances may be laid down, in both cases, for periods of non-readmission or irregular readmission; time of less than one year and computing, in both cases, as the time of service Until the date of the car.

(c) It shall condemn the employer to the payment of the wages left from the date of the notification of the judgment which, for the first time, declares that it is not relevant to that of the judgment.

Art. 280.

1. The statement will be executed on its own terms when:

(a) The dismissed worker is a staff member, a member of the Business Committee or a trade union delegate and, as the result of the dismissal, I shall opt for readmission.

(b) The declaration of invalidity of the dismissal of any worker is based on the cause referred to in Article 108 (d).

(c) The declaration of invalidity is based on defects in form and no further dismissal shall be made within seven days of such a declaration.

d) The declaration of nullity is based on the suspension of the contract of the dismissed worker, once the cause of such suspension has been concluded.

2. To that end, in any of the cases referred to in the preceding number, the Judge shall, after the request for readmission, require the employer to bring the worker back to his post within three days, subject to the adoption, party instance, the measures provided for in Article 282.

Art. 281.

1. In the cases referred to in the preceding Article, if the employer does not proceed to take back or do so under conditions other than those governing the dismissal, the worker may refer to the Court of Social, requesting the execution of the judgment, within twenty days following the third party which, as the maximum period for reinstatement, has the preceding article.

2. The Judge shall hear the parties at the hearing, which shall comply with Article 279 and Article 279, and shall give a ruling on whether or not the readmission has been carried out and, where appropriate, whether it was in due form. In the event that he considered that the readmission did not take place or was not on a regular basis, he would order the worker to be replaced within five days of the date of that decision, warning the employer that he would not proceed to the replacement or failure to do so in due form shall apply to the provisions of Article 283, in addition to the measures provided for in the following Article.

Art. 282.

When the employer does not comply with the order of replacement referred to in the previous article, the Judge shall agree on the following measures:

(a) that the worker continues to receive his/her salary at the same frequency and amount as that stated in the judgment, with the increases which, by way of Collective Convention or by means of the State rule, occur until the date of the readmission in due form. To that end, the Judge shall, on as many occasions as necessary, issue execution for an amount equal to six months ' salary, making the worker with the same remuneration as he or she shall be effective, until, once Take back on a regular basis, agree the return to the employer of the existing balance on that date.

b) That the worker continues to be high and with a contribution to Social Security, which will bring to the attention of the managing entity for the effects.

c) That the staff delegate, member of the Committee of the Enterprise or the Trade Union Delegate continues to carry out, within the Company, the functions and activities of his office, warning the employer to prevent or oppose any obstacle to such an exercise shall be brought to the attention of the labour authority for the purpose of sanctioning its conduct in accordance with the provisions of Law 8/1988 of 7 April.

Art. 283.

In addition to the adoption of the measures referred to in the previous article, the Judge shall agree that the employer shall enter an amount to be fixed by the Judge, taking into account the circumstances in which the dismissal, the size and the the economic situation of the Company and the position occupied by the worker, and which may not be less than the amount of the daily wage of the undertaking, and not more than four times this amount, for each day of delay in the performance of the readmit in due form. These amounts shall be forwarded to the Treasury.

Art. 284.

1. Where a final decision is taken to declare the termination of the contract of employment, if the worker concerned is entitled to the contract, he must leave it within one month. The judicial body, if there is a well-founded plea, may extend that period for two months.

2. Once the time limits of the previous number have elapsed, the employer may request the Court to execute the execution by means of the appropriate launch, which shall be followed by observing the rules laid down in the Law on Civil Procedure.

Art. 285.

Without prejudice to the provisions of the foregoing Articles, where the impossibility of readmitting the worker by termination or closure of the Company must be established, the Judge shall order in which he shall declare the relationship to be extinguished. on the date of such a decision and shall agree to the worker to pay the compensation and the wages left to be paid as referred to in Article 279 (2).

CHAPTER IV

Running statements against public Entes

Art. 286.

1. In the case of executions in respect of the State, the managing authorities or the common services of social security and other public authorities, while the total execution of the judgment is not recorded, the judicial body, either on its own initiative or at the request of a party, shall adopt how many measures are appropriate to promote and activate it.

2. To this end, upon request of the condemned administration and, where appropriate, citing the appearance of the parties, it may decide how many questions are to be raised in the execution and in particular the following:

(a) Administrative body and officials to be responsible for performing the actions.

b) Maximum time for compliance, in consideration of the circumstances that are present.

c) Means with which to take effect and procedure to follow.

(d) Measures necessary to achieve the effectiveness of the mandate, in accordance with the terms laid down in this Law, except as provided for in Article 239, which shall not apply.

Art. 287.

1. In the case of proceedings for the periodic payment of social security, once the judgment in the capital formation is signed, the certified copy shall be sent to the managing body or the common service. competent.

2. The indicated Body must, within the maximum period of ten days, communicate to the Court the amount of the capital to be entered, which shall be notified to the parties, requiring the sentenced to enter it within ten days.

TITLE II

From Interim Execution

CHAPTER FIRST

From Damning Statements to Payment of Amounts

Art. 288.

1. Where the worker has in his favour a judgment in which the employer has been sentenced to payment of an amount and an action against it is brought, he shall be entitled to obtain advances on the account of that amount, guaranteeing the State's recovery. and, if applicable, making their payment in accordance with the terms laid down in this Law.

2. The advance shall, as a total maximum, be up to 50 per 100 of the amount of the amount recognised in the judgment, and may be paid in temporary periods during the processing of the appeal, from the date of the application and until the judgment is given. definitive or for any cause the judgment under appeal is signed.

3. The amount may not exceed twice the amount of the Minimum Interprofessional Wage fixed for workers over the age of 18, including the proportional share of extraordinary rewards, in force during their accrual.

Art. 289.

1. The provisional execution may be instituted by the party concerned before the court which issued the judgment. The applicant shall, in solidarity with the State, assume the obligation to reinstate, where appropriate, the amounts received.

2. If, in order to appeal the judgment which has been provisionally executed, the court shall have the advance on which it is to be paid by the State, the employer, where appropriate, of the quantities which are to be recovered. pay the worker.

3. If it has not been required to be registered, the advance shall be paid to the worker directly by the State. In this case, the judicial body shall send the managing body sufficient evidence of the action and shall require it, within 10 days, to pay the worker.

Art. 290.

1. If the contested judgment is final, the worker shall be entitled to the receipt of the difference between the amount of the sentence and the amount anticipated, taking into account the amount of the consignment, if the advance has been deducted.

2. If the advance has been made by the State, the worker may claim the difference from the employer, and the State shall be subrogated to the rights of the employer in respect of the amount of the advance quantity.

Art. 291.

1. If the contested judgment is revoked by the High Court and the worker is liable to be liable in all or part of the amount to the employer if the advance of the consignment has been brought, the responsible State shall be left in this case. solidarity with the worker in respect of the employer.

2. Where the State has paid the advance directly or, under the joint and joint liability, it has responded to the employer, the employer may claim the worker to recover the amount anticipated.

Art. 292.

1. If the drawback obligation is breached, it shall be a sufficient title to initiate the enforcement of the final judgment in which the provisional execution was agreed, together with the certification, delivered by the Registrar of the Court or by the managing body, in which the amounts paid shall be determined.

2. Where the immediate enforcement of the amount due may cause serious injury to the worker, the Judge may grant deferment for up to one year of the payment obligation, taking the necessary insurance measures to ensure that the effectiveness of the execution.

CHAPTER II

Of the damning sentences in the field of Social Security

Art. 293.

1. The judgments under appeal, which are condemned to the payment of a periodic payment of social security, shall be enforceable, with the sentenced person liable to pay the benefit, up to the limit of his liability, during the processing of the appeal.

2. If the judgment in favour of the beneficiary is revoked, in whole or in part, it shall not be obliged to recover the amounts received during the interim period of execution and shall retain the right to be paid the benefits payable during the proceedings of the appeal and which has not yet been received at the time of the judgment, without prejudice to the provisions of Article 188.3 of this Law.

Art. 294.

The beneficiary of the public social security scheme who is in favour of a judgment under appeal in which the defendant has been sentenced to the payment of a single payment benefit shall have the right to apply for his execution. and to obtain advances on account of that, in the terms set out in the previous section.

Art. 295.

At the request of the beneficiary favored by them and at the discretion of the court, they will also be provisionally enforceable, without bail, the sentences that condemn the obligations to do or not to do in the field of security Social.

CHAPTER III

From the redundancy statements

Art. 296.

1. Where, in judgments in which proceedings are brought arising from the termination or termination of the working relationship, the judgment of the Court of Justice or the Court declares its nullity or impropriety and the employer makes any of the proceedings The law of the Court of Justice of the European Union shall, in the course of the proceedings of the action, satisfy the use of the same remuneration as it may have received prior to the occurrence of the facts, and the worker shall continue to pay services, unless the employer prefers to make the payment referred to without any compensation.

2. The same obligation shall be imposed by the employer if the action is brought by the worker and the judgment has been declared void of dismissal under Article 108.2 (d) of this Law or has been chosen by the employer. readmission.

Art. 297.

If, pursuant to the provisions of the foregoing Article, a worker's request is filed, in writing or by appearance, in order to require the employer to comply with that obligation or to request the employer to comply with that obligation. resume the provision of services, the Judge or Chamber, hearing the parties, shall decide as appropriate.

Art. 298.

The unjustified non-compliance by the worker of the business requirement for the resumption of the provision of services will result in the final loss of the wages referred to in the previous articles.

Art. 299.

If the judgment in favour of the worker is revoked in whole or in part, the worker shall not be obliged to repay the wages received during the period of the provisional execution and shall retain the right to be paid by the accrued during the processing of the appeal and which has not yet been received at the date of the finality of the judgment.

Art. 300.

Where the application of the provisional implementing rules laid down in this Chapter does not apply, if the necessary budgets are met, reintegrable advances may be granted in accordance with the terms laid down in the This law, where the judgment under appeal declares the dismissal or the failure to make the termination or the termination of the working relationship.

Art. 301.

Without prejudice to the provisions of the foregoing articles, where the termination or termination of the contract would have affected a staff member, member of the Trade Union Committee or Executive, the judicial body must adopt, as provided for in Article 282 (c), the appropriate measures to ensure the exercise of their representative function during the substantiation of the relevant resource.

CHAPTER IV

Of the damning statements relapsed into other processes

Art. 302.

The sentences that lie in the processes of collective conflicts, in the challenges of the collective agreements and in the protection of the rights of freedom of association and other fundamental rights, will be executive from they are issued, according to the nature of the claim recognised, however, the appeal against which they may be brought.

CHAPTER V

Common rules for interim execution

Art. 303.

In the face of decisions rendered in provisional execution, only the replenishment or supplication resources shall proceed, if any.

Art. 304.

Favorable statements to the worker or beneficiary that cannot be provisionally executed under this Law may be in the form and conditions laid down in the civil procedural law.

ADDITIONAL PROVISIONS

First.

1. As not provided for in this Law, it will be governed by the law of Civil Procedure.

2. The appeal in the interest of the Law, regulated in the Civil Procedure, has no application in the labor process.

Second.

1. The Government, after a report by the General Council of the Judiciary and the hearing of the State Council, may modify the amount established by this Law for the origin of the request.

2. Similarly, and after the abovementioned reports, it may amend the amounts laid down in this Law in respect of the fees to which the Letters of the parties under appeal are entitled; the financial penalties and fines and the amount of the deposits necessary for recourse in pleading, appeal and review.

Third.

The Government, after reporting by the General Council of the Judiciary, may authorize public or private entities, which meet the guarantees to be established, to carry out the material actions related to the deposit, conservation, transportation, administration, advertising, and sale of the legally foreclosed goods.

Fourth.

The management of the budget items for the purpose of anticipating the provisional implementation of the social security scheme for workers and beneficiaries of the public social security scheme may be entrusted to the Guarantee Fund. Judgments under appeal which have been favourable to them, and in which the defendant has been convicted of payment of a single payment amount or benefit.

Fifth.

The ordinary process governed by this Law will be of application in the processing of the contentious questions referred to in Article 125 of Law 3/1987, of April 2, General of Cooperative Societies, in the terms set out in Article 126 of this same Law.

Sixth.

The processes of impeachment of administrative decisions that deny the deposit of the statutes of the business associations, as well as those of the declaration of not being in accordance with the statutes, will be substantiated by the formalities of the procedural mode set out in Chapter 10, Title II, book II of this Law. The Fiscal Ministry will always be part of these processes.

TRANSIENT PROVISIONS

First.

Judicial decisions that are passed after the entry into force of this Law will be accommodated in terms of the resources that come against them and the requirements for interposing and formalizing them.

Second.

The processes and resources that this Law enters into force will continue to be governed by the regulations that are modified.

Third.

The processes of contesting collective agreements and those of collective conflicts initiated before the relevant judicial bodies after the entry into force of this law will be substantiated in accordance with the law of the law. willing, even if the administrative action had been carried out before the validity of the proceedings.

Fourth.

This Law will apply to the executions pending its entry into force, with the actions carried out under the previous legislation being valid.