JOHN CARLOS I

KING OF SPAIN

To all who present it and understand

Sabed: That the General Courts have approved and I come to sanction the following law.

INDEX

Preamble.

Book First. General part.

Title I. Of the exercise of jurisdictional power.

Chapter I. Of the jurisdiction.

Chapter II. From the competition.

Chapter III. Of conflicts of competence and issues of competence.

Chapter IV. From abstention and recusal.

Title II. Of the procedural parts.

Chapter I. Of capacity and procedural legitimisation.

Chapter II. Of procedural representation and defense.

Chapter III. From the intervention and call to judgment of the Wage Guarantee Fund.

Title III. From the accumulation of actions, processes, and resources.

Chapter I. Of the accumulation of actions, processes, and resources.

Section 1. Th Accumulation of actions.

Section 2. Th Process Accumulation.

Section 3. Th Resource Accumulation.

Section 4. Common Provisions.

Chapter II. From the accumulation of runs.

Title IV. Of the procedural acts.

Chapter I. Of procedural actions.

Chapter II. Of the procedural decisions.

Chapter III. Of the acts of communication.

Title V. Of process avoidance.

Chapter I. Prior reconciliation or mediation and arbitration awards.

Chapter II. From the exhaustion of the administrative path prior to the judicial process.

Title VI. Of the principles of the process and the procedural duties.

Book Second. The ordinary process and the procedural modalities.

Title I. Of the ordinary process.

Chapter I. Preliminary preparatory and diligent acts, the anticipation and assurance of the test and the precautionary measures.

Section 1. First preparatory acts and preliminary proceedings.

Section 2. First Advance and Test Assurance.

Section 3. Precautionary Measures.

Chapter II. From the ordinary process.

Section 1. Demand.

Section 2.

Section 3. Of the tests.

Section 4. Sentence.

Section 5.

Title II. Of the procedural modalities.

Chapter I. General layout.

Chapter II. Of the dismissals and sanctions.

Section 1. Disciplinary Dismissal.

Section 2. The Sanctions Impeachment Process.

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

Chapter IV. From the extinction of the contract for objective causes and other causes of extinction.

Section 1. Extinction for objective causes.

Section 2. ª collective redundancies for economic, organizational, technical or production causes.

Chapter V. Vacations, electoral matters, geographic mobility, substantial modifications of working conditions and legal or conventionally recognized personal, family and work life reconciliation rights.

Section 1. Vacation.

Section 2. Election Matter.

Subsection 1. ª Impeachment of the lauts.

Subsection 2. ª Impeachment of the administrative resolution denying registration and certification of union representativeness.

Section 3. Professional Classification.

Section 4. Geographical Mobility and substantial modifications of working conditions.

Section 5. 3rd Personal, family and work life reconciliation rights recognized legally or conventionally.

Chapter VI. Of the benefits of Social Security.

Chapter VII. The procedure of the trade and of the impeachment of administrative acts in the field of labor and social security non-prestational.

Section 1. Of the ex officio procedure.

Section 2. First of the procedure for the impeachment of administrative acts in labor and social security excluding the loans.

Chapter VIII. From the process of collective conflicts.

Chapter IX. The challenge of collective agreements.

Chapter X. Of the challenges relating to the statutes of the trade unions and the business associations or their modification.

Section 1. Third Impeachment of the administrative resolution that denies the deposit.

Section 2. Uncontested of the statutes of the trade unions.

Section 3. Statutes of business associations.

Chapter XI. The protection of fundamental rights and public freedoms.

Title III. From the audience to the rebel respondent.

Third Book. Of the means of impeachment.

Title I. Of the remedies against providences, cars, orders of ordination and decrees.

Title II. From the request resource.

Title III. From the appeal and other processes attributed to the knowledge of the Supreme Court.

Title IV. Of the appeal for the unification of doctrine.

Title V. Of the common provisions to appeals and appeals.

Title VI. From the review of firm judgments and arbitration awards, and the process of judicial error.

Fourth Book. From the execution of statements.

Title I. Of the execution of statements and other executive titles.

Chapter I. General provisions.

Section 1. General Rules.

Section 2. Rules on collective executions.

Chapter II. Of the cash execution.

Section 1. General Rules.

Section 2. The embargo.

Section 3. Completion Of Foreclosed Assets.

Section 4. Payment to creditors.

Section 5. Business Insolvency.

Chapter III. Of the execution of the firm dismissal sentences.

Chapter IV. The execution of statements against public entities.

Title II. Of the provisional execution.

Chapter I. Of Damning Sentences for Payment of Amounts.

Chapter II. Of the damning judgments in the field of social security.

Chapter III. Of the dismissal statements.

Chapter IV. Of the damning sentences placed on other processes.

Chapter V. Rules common to provisional execution.

Additional disposition first. Procedural specialties.

Additional provision second. Authorization of actions to public or private entities.

Additional provision third. Application of Law 22/2003, of July 9, Bankruptcy.

First transient disposition. Rules applicable to processing processes.

Second transient disposition. Applicable rules on resources and enforcement of judgments handed down from the entry into force of the Act.

Transitional provision third. Execution of judgments and other executive titles. Precautionary measures.

Transitional disposition fourth. Jurisdiction of the social court.

Transient disposition fifth. Claims to the Salarial Guarantee Fund made under the third transitional provision of Law 35/2010 of 17 September 2010 on urgent measures for the reform of the labour market.

Single repeal provision. Repeal of rules.

Final disposition first. Amendment of the 17th additional provision of the Workers ' Statute.

Final disposition second. Modification of the regulation of economically dependent self-employment.

Final disposition third. Competence title.

Final disposition fourth. Extra rules.

Final disposition fifth. System for the assessment of damage caused by accidents at work and occupational diseases.

Final disposition sixth. Enable the Government for the modification of amounts.

Final disposition seventh. Entry into force.

PREAMBLE

I

The labor order regulates a fundamental area of social relations, essential for the economic development and well-being of society. The unique nature of industrial relations and their specific needs for guardianship explain and justify the special configuration of the traditionally known as the social branch of law. The articulation of labour relations from unequal negotiating positions influenced by the socio-economic context, the multiplicity of forms in which these relations are based or the importance of collective bargaining These are outstanding features of both substantive and procedural importance in the field of legislation.

The configuration of the mechanisms for resolving disputes and complaints in the field of work, in particular the determination of the specific rules of procedure, make up this specialty of labour law, recognized in our country from old, through the rules of the labor procedure, characterized by their agility, flexibility and ability to adapt, and also to enable a faster and more effective resolution of conflicts, as well as extensive powers of the judge or court of direction of the process and the proximity and inmediation of those concerning the parties and the contested object, rules that have inspired in one degree or another the majority of the procedural reforms adopted in other jurisdictional orders as of the Constitution. The new Law on Social Jurisdiction develops the constitutional mandates of effective judicial protection and legal security to strengthen them and adapt them to the particularities of this sphere of law. Every ritual disposition is closely linked to the fundamental right enshrined in Article 24 of the Spanish Constitution. Their effective enforcement in the work order is the reason for this law.

In short, the norm aims both to offer greater and better protection for workers and beneficiaries of social security, strengthening judicial protection in a space for the social and economic life. At the same time, the legal certainty of the framework for the meeting between social and economic operators, as well as in the actions of the entities or bodies managing or contributing to the social benefits, is reinforced. This Law aims to provide the judicial bodies with instruments that streamline the processes of dispute resolution, avoid abuses by balancing the protection and protection of the different interests in conflict, protect workers better in the face of accidents at work and provide greater legal certainty for the labour market. This law provides, in short, a more effective and more agile response to disputes that may arise in the workplace and social security relations, and provides for a unitary treatment of the diversity of elements included in the labour market for a better protection of rights.

II

This Law maintains the structure of its predecessor, the Recast Text of the Law of Labor Procedure, approved by Royal Legislative Decree 2/1995, of April 7. In this way, the current text consolidates the guiding principles, rules distribution and internal organization of the previous one, of proven effectiveness for the resolution of the conflicts in a time less than that which is required in other orders It is highly valued by the professionals who have to apply the same. Continuity in procedural design has allowed the traditional evolution of our legislation to be respected in this order, avoiding a reform that could distort, even minimally, the normal functioning of the labour market or the settled work frameworks.

This does not mean that important improvements are being introduced that imply a stimulation of the jurisdiction to project it as authentically social. The area of knowledge of the social order, which is extended, rationalised and clarified in relation to the previous legislation, is modified accordingly, which is the main novelty. This law regulating social jurisdiction concentrates on the social order, due to its greater specialization, the knowledge of all those subjects which, directly or by essential connection, can be classified as social. The greater sharpness of the jurisdiction of the jurisdiction required an expansion to unify the knowledge of the conflicts and pretensions that occur in the field of labor, trade union or in the field of Social Security. The ultimate goal is to achieve the effectiveness, coordination and security of the judicial response, thus generating an appropriate framework for the effective exercise of rights and freedoms by the citizenry. A framework that is articulated from the understanding of the work not only as a means in the productive systems but as an end in itself from which the rights are derived in need of a special legal protection.

A second explanatory axis of this new law is its unequivocal modernization of the procedure. The standard is included in the Strategic Plan for Modernization of the Justice System (2009-2012), as a framework for structural reform of the Spanish Justice Administration. The guarantee to the citizens, effectively, of a public service of justice agile, transparent, responsible and fully in accordance with the constitutional values constitutes a crucial and unpostponed objective of our time and determines the social and economic progress.

The modernization of Justice, with the objective of improving its quality and making the service more efficient and agile, necessarily reaches the ritual norms. A first phase of the update and procedural streamlining took place with the approval of Law 13/2009, of November 3, of Reform of the procedural law for the implementation of the new judicial office, where several were already modified precepts of the rule governing the process in the social order. This Law completes the procedural modernization in that order, streamlining and setting a new consolidated and updated normative text to the reality of the current organization of work.

To these two new aspects are added other technical improvements and adaptations to the current regulations that, as a whole, justify this legislative initiative. Regulatory technical reasons and in particular the Guidelines on this subject adopted by the Council of Ministers Agreement of 22 July 2005 have advised the adoption of a new provision to avoid regulatory dispersal and difficulties in the location of the existing precepts and therefore the fragmentation in the legal response.

Furthermore, this Law seeks to comply with the provisions of Law 35/2010 of 17 September 2010 on urgent measures for the reform of the labour market, the additional provision of which provides that " in the For 6 months, the Government will approve a Draft Law on the Reform of the Text Recast of the Law of Labor Procedure, approved by the Royal Legislative Decree 2/1995, of April 7, which provides for the attribution of the social order, between other matters, of the remedies against the administrative decisions of the labour authority in the procedures for temporary suspension of industrial relations, reduction of working hours and collective redundancies, regulated in Articles 47 and 51 of the Recast Text of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995, March 24 ".

III

The main objective of this new law is to establish, expand, rationalize and define with greater clarity the scope of knowledge of the social order, based on its greater specialization, more knowledge Full of the social matter and procedural framework especially suited to the interests object of protection of this order.

In fact, the Recast Text of the Law of Labor Procedure up to now in force already included in Article 3 (3) the legal authorization of the Government to incorporate in the same way the procedural modalities and specialties The Court of Justice held that the Court of Justice held that the Court of Justice In 1998, the legislator wanted to address in a comprehensive and rational way the question of the division of powers between the social, administrative and civil courts, but later circumstances prevented the planned development, with which the relevant provisions of the social order in the said article were not subject to development.

Similarly, the need to consolidate the material scope of the social order has also become evident in the judicial practice, where the conflicts of the heterogeneity in the resolutions of the judicial bodies registered under separate orders. Until now, the courts of the social order, despite their reasonable operation, were not always in a position to ensure effective judicial protection in a reasonable time and with respect to the principle of legal certainty. This has mainly been due to the breakdown of knowledge of certain and essential social issues among different jurisdictions other than social, such as administrative or civil litigation. Here are the difficulties that have generated the so-called "pilgrimage of jurisdictions", which has so far provoked serious dysfunctions and a dent in the effective protection of the rights of the people.

The time has come to rationalize the competitive distribution between the jurisdictional orders in the field of labor relations. With the new Law on Social Jurisdiction, a modernization of the norm will be faced from the concentration of the labor, individual and collective labor, and social security in the social order and greater agility in the processing procedural. In this way, they are intended to overcome the problems of disparity between the case-law criteria, the resolution of the cases and, consequently, fragmentation in the legal protection provided. These problems are incompatible with the constitutional principles of legal certainty and effective judicial protection, as well as the efficient functioning of the socio-economic system.

With this consolidation, the process of maturing of the social process initiated by the Law of 1908 and continued by the Recast Text of 1995, as jurisdiction with unified competence to know all the litigation on social matters.

The management of the subject matter of knowledge by the social order is carried out in the first three articles of the Law, where it is important to highlight some significant novelties.

On the one hand, there is a unification of the labor matter that allows to give a more specialized and coherent coverage to the different elements of the labor matter. It is the case of the concentration in the social order of all the contentious questions relating to the accidents at work and that until now they have forced the affected ones to go necessarily to try to achieve the effective judicial protection to the various courts and tribunals in the civil, administrative and social disputes.

With this formula it is intended that the social jurisdiction be competent to jointly prosecute all the subjects who have attended in the production of the damage suffered by the worker in the work frame or in direct connection with the same, creating a unitary scope of judicial protection for the integral compensation of the damage caused. At this point the Law follows the social pact concretized in the Spanish Strategy for Safety and Health at Work (2007-2012), as well as a broad consensus of scientific doctrine.

Likewise, this unification generally allows the social order to be converted into the guarantor of compliance with the regulations on the prevention of occupational risks, even if no concrete damages have been caused by such breaches. In this way, not only are the judicial instruments strengthened to protect the victims of accidents at work, but also the resources are available to make the debt of the employer effective and the prevention of occupational risks. This allocation of powers is carried out in full, including officials or statutory staff, who shall, where appropriate, make their claims to the social court on an equal footing with the employed persons, including liability for damages suffered as a result of non-compliance with the rules on the prevention of occupational risks which forms part of the civil or statutory or employment relationship. It also includes powers on precautionary measures. Finally, the social order is assigned to the competition on the issues relating to the organs of representation of personnel in matters related to the prevention of risks in the work, through, if necessary, of the Delegates of Prevention and the Health and Safety Committees, regardless of the type of personnel involved in their designation or composition.

Modernizing the labor law regulations facilitates, as a result, effective compliance with policies to promote health and safety in the workplace, avoids the need for successive intervention of various orders The Court of Law, which provides for delays, unnecessary expenses and contradictory pronouncements, while providing a regulatory framework to ensure legal certainty.

On the other hand, the unification of labor matters in the social order also makes it the ordinary guarantor of the fundamental rights and public freedoms of employers and workers in the field of work. In addition to the above mentioned attraction of disputes related to health and safety at work, the knowledge of any other violation of fundamental rights and public freedoms connected to the employment relationship is unifies, as can be the case for harassment.

At this point, it is also intended to respond to the demands of the constitutional doctrine to be added to the judgment of the Constitutional Court 250/2007, of December 17. This ruling makes it possible to extend the social order in the face of third parties who are liable for the violation of a fundamental right and interpret that the worker of a third company may also be subject to harassment. It is for the social order to know how many claims are made in this respect, against the employer or against the third parties, since the action of the employer is made in direct connection with the employment relationship, expressly excluded by this Act the residual jurisdiction which has traditionally been the case with the civil court in respect of damages in respect of which any person other than the direct employer or employer has intervened.

Another of the most important issues in the field of work is the challenge of administrative, singular or general acts in the field of labor and social security, and in particular of contractual resolutions. (i) collective agreements on the basis of objective factors, and finally, their allocation to social order is specified. This Law seeks to clarify the competent jurisdiction over essential matters relating to assistance and public social protection, by assigning to the social court, those relating to the assessment, recognition and qualification of the grade of disability and those included in Law 39/2006, of 14 December, of promotion of personal autonomy and attention to persons in a situation of dependency, and continuing the remaining as object of knowledge of the order administrative-litigation. With this, the labor procedural law is adapted to the constitutional doctrine in its interpretation of social protection, in accordance with Article 41 of the Constitution and, in this way, the social jurisdiction is set up as the natural judge of all essential public policies relating to social protection. However, the entry into force of the jurisdiction over the benefits of dependency in favour of the social order is delayed in terms of its effectiveness, granting the government the three-year period for which it will refer the Cortes the corresponding Bill of Law, in order to be able to take into account the incidence of the different phases of application of the Law of Dependence in order to a more agile judicial response.

However, the exceptions set out in the insolvency rules have been upheld, as well as the jurisdiction of the administrative and administrative order in respect of certain administrative acts in the field of social security. directly linked to the collection of the quotas and other resources of the same and the action of the General Treasury of Social Security.

IV

In a second axis, the modernization of the regulations of the social procedure is unravels towards a streamlining of the procedural process. In the pursuit of a more agile and effective procedure, a full adjustment of the social procedural rules has been made to the provisions of the supplementary Law 1/2000, of January 7, of Civil Procedure, as well as to the interpretation carried out by the social procedural rules for social and constitutional case law. This adjustment has made it possible to harmonize principles more closely with the social process in aspects such as the regulation of precautionary measures, which are essential when dealing with violations of fundamental rights and public freedoms. reform of the procedural arrangements for the protection of fundamental rights and public freedoms, the reconciliation of personal, family and work life and electoral matters to include in its scope the impeachment of the election notice union.

The procedural processing of a set of measures and rules, including special provisions on cumulation and distribution, in matters relating to accidents at work, and the rules governing the occupational diseases, the elimination of unnecessary formalities or the elimination of material transfers of unnecessary actions with new technologies, the progressive implementation of the Law is open in different provisions. In the same vein, the extrajudicial conciliation and mediation, the arbitration, with regulation of a procedural modality of impeachment of the award and with anticipation of the review of the final arbitration awards, and the possibility of compromise, are strengthened. judicial at any time in the process, including execution.

Also in the resource phase has been tried to rationalize the procedure. The request for an update of its amounts, which remained unchanged despite the evolution of possible reference economic measures such as price indices and minimum wages and pensions, was systematised. to bring it into line with the new powers, following, in respect of the latter, criteria similar to those contained in Law 29/1998 of 13 July, regulating the jurisdiction of the Administrative Court, as well as the proposals made by the plenary session of the General Council of the Judiciary on 28 January 2010, concerning the social process. Access to the request is generalized in cases of anticipated closure of the process, a situation which, since it has so far been lacking in resources, has resulted in an excessive number of resources of protection, precisely in the phase in which the guarantee of protection Effective judicial action is deployed with greater intensity. This was a structural shortcoming, the underhealing of which will contribute to reducing the burden of the Constitutional Court. This concern has also inspired other rules throughout the Law, such as the requirement for the specification of the fundamental right or freedom violated, both in the demand and in the judgment, in the processes of protection of such rights, restructuring of the process of protection of the same, as a means of obtaining the ordinary judicial protection, the systematization of the nullity of final resolutions, the review and the hearing of the rebel, the possibility of using the sentences of the Court of Justice and the European Court of Human Rights as a doctrine of contrast and, in general, the assignment to the judge of the social of the function of ordinary guarantor of fundamental rights, both in the relations of work and in the social process. The present normative text also extends the scope of the appeal for the unification of doctrine, empowering the Fiscal Ministry for its approach at the instance of business associations or unions and public entities, expanding, this form, the scope of matters which may be the subject of a rapid doctrinal unification on appeal.

In other cases, norms are introduced, with the same purpose, that the forensic practice recommended for greater certainty and unification in the social order, as well as greater guarantees for the defense. It is the case of the specific rules on complex processes to maintain the orality without defenceless in the examination and practice of the test and conclusions, or the assumptions in which the mere unnecessary ratifications of the medical staff or inspector in their previous interventions during the administrative procedure, as well as evidence of low probative value. In the same vein, an important reform of the rules of accumulation will be introduced, in order to favor the procedural economy, the homogeneity and the speed in the judicial response.

Through this second axis of reform, the new law allows the integration and exploitation of the potential offered by the new judicial office. The legal provisions necessary for the full implementation of the new technologies are articulated, the text is harmonized with the recent amendments of the Law 13/2009, of November 3, and the necessary procedural design for the implementation of the new functional structure of the courts and tribunals.

The streamlining of procedural processing is intended to offer the Spanish courts and those who act before them a procedural framework that will ensure greater accuracy and effectiveness in the definition and judicial application of the rights. and duties of workers and employers, as well as the levels of social security coverage in situations of need. These effects result in greater certainty, security and confidence of the social and economic actors within the framework of the European social space.

V

The streamlining of the process must not be to the detriment of effective judicial protection and the protection of the interests of the parties. In this respect, a number of rules on the burden of proof, in particular on accidents at work, in accordance with social case law, are laid down to ensure equality between the parties. It also provides for the possible use of presentation and form procedures, which will facilitate the work of the stakeholders and professionals, and the procedures for the immediate signalling of the hearing, which can also be established, as well as the formulation of initial order for payment orders, in cases of presumed determination, liquidity and lack of debt dispute and with the provision of a test principle in this respect which, in the event of opposition, will result in the conversion of the procedure in ordinary. All these measures, in relation to the new structure of the judicial office, can allow for a more agile processing and processing of a non-negligible number of procedures, thus allowing the attention of the organ to be concentrated. jurisdictional in other processes of greater quantitative and qualitative entity.

Also, the new normative text reinforces the presence in the judgment of the Salarial Guarantee Fund (FOGASA) and the managing and collaborating entities, in their role of ensuring public interests. In particular, the role of FOGASA in the social process is highlighted, giving it the necessary procedural powers to carry out its role of protection of public interests, and its active collaboration was receded from the first moment. The conclusions of the case-law of the Court of Justice, the Court of Justice of 22 October 2002 and 14 October 2005, and the Constitutional Court, Sentences of the Constitutional Court 60/1992 and 90/1994, have been taken into account. clarify the incidence of the FOGASA claims and their eventual preclusive effect.

There is also a form of interrelationship between the social judicial bodies and the FOGASA, in order to collect and provide information in defense of public interests, as is also done with regard to the General Treasury of the Social security and institutions or bodies managing social security benefits. It should also be pointed out, for the same purpose, that the public bodies in the resolutions which could be prejudicial should be notified. The rule now envisaged may, moreover, be useful in disputes which may result in future wage-guarantee benefits, even if at that time the company is not the company that has been missing or in the current insolvency situation.

It is also worth mentioning the express exemption that is made in favor of the unions to make deposits and consignations in their actions in the social order. There was a risk that, in the absence of any specific legal indication, it would be possible to question the holders of collective actions in defence of the interests of the employees, the exemption of deposits and deposits in the reorder and in others other than those of supplication and appeal. Thus, the collective union intervention that, in a plan of economy of resources, makes unnecessary multiple and costly individual processes is favored. The Law reinforces, on the other hand, the legitimization of the unions with implantation in the field of conflict for the defense of collective interests according to the constitutional doctrine, emphasizing that, in the phase of execution, this interest must to be essentially concerned with the maintenance of the activity and the preservation of the jobs.

The Law has also sought to regulate through various concrete forecasts the consequences of the attribution to the social order, by Law 20/2007, of 11 July, of the Statute of the autonomous work, of the complaints of the workers In the case of the Commission, the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the The approach of the legal delimitation between two possible materially different relationships, such as the civil or commercial relationship of services and the employment relationship, may lead to procedural disadvantages with a risk of loss of rights for the applicants. It is thus sought to establish rules for the alleged, frequent in practice, in which the plaintiff, when acting by dismissal, can claim that the relationship is labor and not economically dependent self-employment, making it possible that, with possible, and in the case of dismissal of the first, the actions which would be carried out in the case of a worker in the self-employed scheme would be exercised, without requiring a new procedure in this second scenario. Otherwise, it can be generated, or the effect of two successive processes being followed when the first one does not qualify the relationship, or that it preclues its right if it did not assert it on the first occasion. This Law is also used to amend the Law on the Statute of the Autonomous Labour on the point of considering merely declarative and non-constitutive the written contract between the economically dependent self-employed worker and his client, as well as to clarify access to jurisdiction as a way of recognition of such a condition.

The new law includes very important new developments, called to speed up social jurisdiction, among which the impulse given to both prior and intra-procedural mediation deserves to be highlighted. It is also worth mentioning the extension of the scope of the unifying appeal to the regulation of a modality of the same that can be brought by the Prosecutor's Office in defence of the legality and without the need for the budget of The contradiction of judgments, which will result in greater speed in the unification of doctrine and in issues that up to now would be very difficult to access to this resource.

It is also remarkable in terms of execution, the extent of the effects of the judgments in the field of collective conflict, reinforcing the real effectiveness of the sentences placed on this type of process, which may go beyond the mere interpretation or declaration with a general effectiveness of the nullity or validity of conventional rules or business practices, in order to understand the individualised execution of the pronouncements which may be capable of such determination, with legitimisation of the collective subjects, not only in convictions with economic translation but even in processes on geographical mobility or substantial modification of working conditions of collective effects or other business practices of possible unbundling in individual actions. It is also worth highlighting the express, hitherto only possible approach to the way, not without difficulties, of the subsidiary application of civil procedural regulation, on future convictions and the possibility of reaching agreements. Transactional execution.

VI

As far as the structure of the standard is concerned, this consists of 305 articles, three additional provisions, five transitional provisions, one derogating provision and seven endings. The chapters are distributed in four books: general part, ordinary process and other procedural modalities, means of impeachment and execution of judicial decisions.

The First Book contains the general part. In Title I, Chapter I delimits the matters that are known to the organs of the social jurisdiction. Article 2 contains an exhaustive list, in positive terms, of the cases entrusted to this court, whereas Article 3 gives a negative definition of the jurisdiction. The second chapter sets out the general rules of jurisdiction of courts and tribunals of the social order, specifying these for each organ (courts, chambers of the Supreme Courts of the Autonomous Communities, National Court, and Supreme Court). The third Chapter refers to conflicts and competition issues, in order to resolve disputes between the courts of the social order and those of other orders, without having to take account of the fact that they are not introduced amendments to the previous regulation as it continues to be subject to the rules of the Civil Procedure Law. Finally, the Fourth Chapter includes the system of abstention and recusal, referring to the rules of the Organic Law 6/1985, of July 1, of the Judicial Branch and of the Law of Civil Procedure. The competent bodies are defined, for the social court order, to instruct and decide the incidents of recusal, in the same terms as the previous Law.

Title II contains the rules on procedural parts. Chapter I regulates capacity requirements and procedural legitimisation. In Articles 16 and 17, in the field of capacity and legitimisation, the general rules laid down in the previous legislation and in the Law on Civil Procedure are maintained, making the necessary adjustments to provide for capacity and legitimacy. In the case of those acts or businesses which are attributed "ex novo" to this jurisdiction. In addition, in line with the provisions of Articles 6 and 7 of the Law on Civil Procedure, it is now attributed to the communities of goods and groups without personality that act as entrepreneurs, with the objective of guaranteeing the the existence of a subject liable to be sued by the workers if necessary.

In Chapter II, relating to the representation and defense of the process, respecting the general principles of our legal system, new developments are introduced, the purpose of which is to avoid practices of disaccumulation of claims when the actions exercised are legally cumulative. A regulation is also established to facilitate the appointment of a common representative when the defendant is composed of more than ten subjects, and not only when they are plaintiffs, as they have been, which is relatively frequent. in practice and it causes serious delays, since a system of common designation with the necessary guarantees is not currently foreseen. Finally, a new paragraph is introduced in Article 19 in order to facilitate the allocation of procedural capacity to the unitary or union representation where the claim may affect all or the majority of the employees of a company.

Chapter III contains the rules on intervention and call for judgment of the Wage Guarantee Fund. In addition to improving the wording and systematic text of the text, the text of Article 23 has been reformed, in such a way as to establish the need to quote FOGASA in cases where its liability could derive from its obligation to pay a part of the of the compensation.

Title III refers to the accumulation of actions, processes and resources. Chapter I regulates the accumulation of actions, processes and resources, regulating each of these in different sections. In this Chapter, important developments have been made in relation to the accumulation of actions, all of which are intended to ensure greater coherence in the judicial response, efficiency and agility in the resolution of disputes arising from the social jurisdiction, particularly in processes arising from accidents at work and related to each other, such as the different challenges of the same act or resolution, or the challenge of different business acts with (i) the Commission's proposal for a directive on the use of the dismissal and unpaid wages at that time, except where the priority resolution on dismissal is committed. Chapter II, on the accumulation of executions, has not only changed from the previous regulation.

Title IV regulates procedural acts. In the first Chapter, "Of the procedural actions", the main novelty is the addition between the processes in which the days of the month of August must be considered, of the relative to the processes of impeachment of administrative resolutions in (a) the application of the provisions of Article 1 (1) of Regulation (EU) No No 1 of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council individual and plural redundancies and modification of working conditions, individual or collective.

Also included in Article 48 forecasts to adapt the Administration of Justice to the new technologies, so that the replacement of the material delivery of the performances by their computer access is possible delivery on computer media, which may prevent travel to professionals and users of the Administration of Justice, and reduce processing time, especially in the appeal or appeal stage.

Chapter II of this Title regulates the content and form of procedural resolutions. In Article 50, as the main novelty, the cases in which the oral judgment should be delivered have been simplified, directly relating them to the proceedings or procedural arrangements in which, for the purposes of the matter or the amount, it does not apply application, including the case of a total raid, regardless of the matter or the amount.

In Chapter III, concerning the acts of communication, in addition to collecting the distribution of procedural burdens defined by the constitutional case law, it contains novelties that link with the regulation of the new judicial office and the introduction of telematic communication procedures in the field of the administration of justice, so that the rule is consistent with the new procedural framework.

Title V contains rules aimed at avoiding the process. In Chapter I, which until now referred exclusively to previous conciliation, the reference to mediation and arbitration awards has now been added, as the effectiveness and challenge of the latter are regulated in that Chapter.

In addition to making the necessary amendments to ensure consistency with the law in force, including references to the Workers ' Statute, a reference in Article 64 is also added to the processes requiring another form of exhaustion of the administrative route other than the prior claim, in particular the interposition of the asset or replacement. Moreover, in Article 66, the imposition of a fine has been replaced in the event of failure to comply with the mandatory act of conciliation or mediation, which is inoperative in practice, by the imposition of costs, in relation to the principle of maturity objective and that does not require to appreciate foolhardy or bad faith.

Chapter II regulates the exhaustion of the administrative route prior to the judicial process. The above legislation mentioned only the prior complaint to the court, in relation to disputes between the Administration and its employees or between the Social Security Administration, its managing bodies and its beneficiaries, and has now been modified in order to understand the various forms of exhaustion of the administrative route by means of ordinary administrative resource as a consequence of the attraction to the social order of the knowledge on the resources against administrative decisions in the field of work.

Thus, the main novelty contained in Article 69 is the introduction of an express mention of those processes which require another form of exhaustion of the administrative route, different from the previous claim, leaving open both possibilities. Moreover, in Article 70, the general rule, in the field of fundamental rights and public freedoms, has been inserted that the prior exhaustion of the administrative route should not be required, in accordance with the criterion generally followed by the constitutional.

Title VI regulates the principles of the process, as well as procedural duties. There have been no major developments in this respect. The Employment Procedure Act of 1990 was already a pioneer in the establishment of pecuniary awards and periodic penalty payments to obtain the execution of the resolved, but the same only were established in the process of execution. The subsequent rules, contained in both the Law on the Law on Administrative and Administrative Jurisdiction and the Civil Procedure Law of the year 2000, have made it possible, in general, to apply these mechanisms to the the declarative process and the resource phase. To this end, this general possibility has been included in this Law.

The Second Book contains the specialties relating to the ordinary process and the procedural modalities. Title I regulates the ordinary process and Title II refers to the proper procedural modalities.

In what it does to the ordinary process, the text originating in Article 76 has been extended, in order to refer to the legitimization, and the possibility of providing rules of use for the assumptions in which it is due determine the responsible employer or business unit, often not known precisely by the complainant, in order to be able to properly formulate the claim. The classic rule of the social process, concerning witnesses, has been maintained, which is integrated with the general principle, ex Article 293.1 of the Law of Civil Procedure, on the causes of anticipation of the test.

In terms of anticipation and proof, as well as precautionary measures, a regulation has been implemented in accordance with the Law on Civil Procedure, leaving aside the specialties of the social process, especially the on the exemption of guarantees, guarantees and allowances related to certain precautionary measures, introducing precautionary measures in the case of extinction at the request of the worker and the possibility of provisional enforcement of the statement.

In Chapter II, which regulates the ordinary procedure, the contained regulation respects the provisions of the text previously in force, introducing those amendments necessary to agree with these articles with the contents in the First Book on active and passive legitimisation, as well as the new competences assumed by social jurisdiction.

In addition, article 81 contains important new developments that link with the new functions of the judicial secretaries in the new judicial office. In particular, the judicial secretary is credited with verifying that the necessary procedural requirements are met, without introducing a distinction, which would be artificial and formalistic, between substantive and formal defects, since, at that stage The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union In addition, the judicial secretary must warn the parties, for their remedy, of possible defects in the application, in relation to the necessary procedural budgets which could impede the valid prosecution and termination of the proceedings and the a substantive judgment, in accordance with the provisions of Article 399 (4) and Article 405 (1) of the Law on Civil Procedure, as well as in relation to documents of mandatory input with the application itself. As regards the possible lack of jurisdiction or jurisdiction, the Registrar has to give the judge or tribunal an account to resolve the matter. All of this according to the function of procedural underhealing that has the preliminary admission of the demand in the labor trial, in which there is no preliminary hearing, as in the ordinary civil process, and therefore the most important is the (a) to remedy any procedural defects that may result from the application at the time of filing, or to respond to omissions, inaccuracies or defects in the application, lack of capacity or representation, inadequacy, and eventual ex officio processing of the process followed according to the procedure to be followed, litisconsortium necessary or any other obstative cause of procedural order, according to the practice usually followed since ancient in the social process.

In the matter of evidence, the judge or tribunal shall rule on the relevance of the evidence proposed and determine the nature and class of each of them as provided for in Article 299 of the Civil Procedure Act and in the Law. It shall also decide on any further steps to be taken or to warn of the evidence admitted and questions which may be asked by the parties. The conditions of practice of the questioning of party are regulated, delimiting the intervention of those who have acted in the facts in the name or interest of the businessman, as well as of the evidence testify. The advance contribution and the examination are made possible, with additional arguments where appropriate, where the evidence presents a particular volume or complexity, and guarantees are provided when access to documents or files may affect privacy. personnel or other fundamental right.

The approach by the court is regulated to the parties to questions which must be resolved ex officio or by connection with the arguments of the parties in order to make possible the completeness of the pronouncement, required by Article 218 of the Law on Civil Procedure, ensuring the hearing of the parties in this respect, which, if necessary, will be carried out by a brief additional procedure.

In Title II, the regulation on procedural modalities is contained, establishing the general rule of processing of the process in the appropriate manner and excluding, as far as possible, the The Court of the European Court of the European Court of the European Court of the European Court of the European Court of In the case of the dismissal processes the possibility, until now only previewed for lower penalties, of authorizing an alternative sanction measure, is integrated in order to favor the resumption of the relation to the compensation compensation for the loss of the job. They are dealt with in similar terms to the previous ones, with additional clarifications arising from legislative changes or case-law criteria, complaints to the State of payment of processing salaries in dismissal trials, termination of the employment contract for objective or other reasons, as well as the processes relating to collective redundancies for economic, organisational, technical or production causes. In relation to these, the effects of the judicial declaration of ineffectiveness of the administrative decision, the knowledge of which is attributed in this Law to the social order, are now expressly regulated and a rule is not sufficient. general declaration of nullity of individual dismissals, in addition to giving answer to the questions raised by the resolution which invalidates the administrative authorization which at the time supported the individual extinctions, a question which has The Commission has been the subject of a number of statements on the compensation of injured parties.

In this Title II, as well as procedural modalities, the processes that affect electoral matters are also regulated. An article has been included that aims to clarify the scope of this procedural modality, in relation to the precepts of the Workers ' Statute, modified to understand all the electoral matters from the impeachment of preads. In response to the original motivation of the introduction in its day of electoral arbitration and the need to clarify, as soon as possible, the representativeness of the social bank's negotiators, either in the company or in the labor sectors. wider.

The processes relating to professional classification, geographical mobility, substantial changes in working conditions, as well as the rights of reconciliation of life are also found in this Title. personal and family, favouring the application of the conventional criteria and the promotion measures of equality and the processes relating to Social Security, including the protection of unemployment.

In Chapter VI, on processes in the field of Social Security, the double path of prior complaint or other forms of exhaustion of the administrative route in the broad sense is maintained. In Chapter VII, concerning the procedure of trade and the impeachment of administrative acts in the field of work, a work of coordination of the alleged cases has been carried out in the first one since, when assuming the social jurisdiction a large part of the powers to be aware of administrative acts in the field of labour, trade union, occupational risks and social security, the ex officio procedure arising from the communications of the labour authority to which the The above text would no longer comply, in most cases, with its coordinating purpose the legal-administrative and social jurisdictions. A new procedural form is specifically regulated, on the basis of a dispute-labour dispute analogous to the administrative-administrative appeal previously dealt with in that court, which is a means of bringing proceedings against the administrative in the field of work.

In Chapters VIII and IX, the processes in the field of collective conflicts and the challenge of collective agreements of general effectiveness and of the substitute awards of these, referring, for the case of the lawsuits against, are regulated. any other type of pacts or agreements, exclusively to the process of collective conflicts. Chapter X regulates, without any new features of the previous regime, the challenge of the statutes of the trade unions and of the business associations or of their modification, while the eleventh and last regulates the protection of the rights In the case of the Commission, the Council of the European Union, the Council of the European Union, the Council of the European Union, the European Parliament, the Council and the European Parliament. the victim and his/her procedural status, and extending the scope of the procedural mode in a more determined manner In addition to the main invocation of specific fundamental labour rights, such as freedom of association, in order to fully understand any possible infringement of such fundamental rights and freedoms in the field of working relations, generic or specifically working, except where it is necessary to follow a particular procedural modality for, in it, to include such an allegation, in any case with the application of the guarantees of this special procedural modality, all of this in terms that avoid current interpretation differences.

The Third Book contains the regime concerning the means of impeachment, that is, the resources against providences, orders, orders, decrees and judgments. The book is organized in six titles, each regulating, except for the fifth, a different means of impeachment. The main developments in this field include, first of all, the recognition of legitimisation in order to appeal also to the party apparently favoured by the judgment, in accordance with the constitutional criteria on the actual or In the case of the Court of First Instance, 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 that the Court of First Instance that the latter are not convincing to the court that knows of the appeal, with possibility of the appellant's arguments in this respect, again according to criteria of the constitutional doctrine; and, finally, the interposition and challenge of the appeal before the court author of the judgment under appeal, referring to the Supreme Court the the use of resources already processed without prior placement to it, depending on the positive experience resulting from the treatment traditionally applied for supplication. In Title IV, which regulates the appeal for the unification of doctrine, the traditional obstacles to the requirement of contradiction of judgments which hindered and delayed access have been dealt with in order to overcome the traditional obstacles. What we are trying to correct by giving legitimacy to the Prosecutor's Office in order to defend the legality of the alleged transcendents even when that budget is not present. Furthermore, the judgments handed down by the Constitutional Court, by the courts of a supranational level in the field of rights, have not been accepted as a doctrine of contradiction or contradiction for the purposes of this appeal. The Court of Justice of the European Union, acting in accordance with Article 5 (1) of the EC Treaty, does not, in any case, take the view that the Court of Justice of the European Union is not in a position to Law No 6/1985 of 1 July 1985 on the Judiciary, Article 10 (2) and Article 10 (1) of the Treaty Article 96 of the Constitution. For this reason, the present rule extends the scope of the unifying resource to achieve the improvement in the effective fulfillment of its purpose with the necessary channels to safeguard the constitutional position of the Supreme Court. Finally, it has been sought to relate the application for nullity of actions against final decisions, the hearing to the rebel and the review of firm sentences, in order to avoid the complex and difficult situation that can become widespread. in practice with the current regulation, as to the provenance in each case of one or other impugatory means.

Finally, the Fourth Book regulates the rules on the execution of sentences. In the systematic of these articles, the adaptation to the particularities of the new judicial office in terms of the distribution of functions within the courts and tribunals, and especially the attribution of powers, is worth noting. The Court of Justice has held a meeting of the Court of Justice. Technical improvements have also been introduced in order to fully equate, for the purpose of the final execution, all the executive job titles, both those constituted with judicial intervention and those constituted without judicial intervention. It is for the first time, as has already been pointed out, the possibility of the execution of certain judgments handed down in collective conflict proceedings where the persons concerned can be determined and the possibility of a transaction in the execution, with the necessary channels to ensure the effectiveness of the court.

In the final provisions, the Civil Procedure Law and, as the case may be, the Regulatory Law of the Administrative-Administrative Jurisdiction, with the necessary adaptation to the particularities of the process, are established in the final provisions. social and as soon as they are compatible with their principles. It is also established that the Government is to be enabled to amend the amounts corresponding to the ordinary appeals and appeals, where appropriate, and for the adoption of the measures necessary to approve a system of damage assessment. (a) a system of occupational accidents and occupational diseases, by means of a specific system of scales of compensations which can be updated annually. Finally, the transitional regime of the processes initiated before the entry into force of the Law is regulated.

BOOK FIRST

General Part

TITLE I

From the exercise of jurisdictional power

CHAPTER I

From the jurisdiction

Article 1. Social court order.

The courts of the social order will know of the pretensions that are promoted within the social branch of the law, both in their individual and collective aspects, including those that deal with labor matters and Social Security, as well as the challenges of the actions of the public administrations carried out in the exercise of their powers and functions on the previous subjects.

Article 2. Scope of the social court order.

The courts of the social order, by application of the provisions of the previous article, will know of the contentious issues that are promoted:

(a) Between employers and employees as a result of the contract of employment and the contract of making available, with the exception of the provisions of Law 22/2003, of 9 July, Insolvency; and in the exercise of the other rights and obligations in the field of the working relationship.

(b) In relation to the actions which may be exercised by the workers or their successors in title against the employer or those to whom they are legally, conventionally or contractually responsible for the damages originating in the field of the provision of services or which have their cause in accidents at work or occupational diseases, including direct action against the insurer and without prejudice to the action of a repetition which may correspond to the competent order.

(c) Between working societies or worker cooperatives, and their working partners, exclusively for the provision of their services.

(d) In relation to the professional regime, both in its individual and collective aspects, of the economically dependent self-employed workers referred to in Law 20/2007 of 11 July of the Statute of Autonomous Labour, including disputes arising from the exercise by them of the liability claims referred to in paragraph (b) of this Article.

e) To ensure compliance with legal and conventional obligations in the prevention of occupational risks, both in relation to the employer and other subjects legally or conventionally required, as well as for be aware of the challenge of the actions of the public administrations in this field in respect of all their employees, whether these officials, statutory staff of the health services or labour staff, who may exercise their actions, for these purposes, on a level playing field with employed persons, including the claim for liability arising from damages suffered as a result of non-compliance with the rules on the prevention of occupational risks which forms part of the civil, statutory or employment relationship; and always without prejudice of the full powers of the Labour and Social Security Inspectorate in the performance of their duties.

f) On the protection of the rights of trade union freedom, strike and other fundamental rights and public freedoms, including the prohibition of discrimination and harassment, against the employer or third parties linked to it by any title, where the alleged infringement has a direct connection with the provision of services; on complaints concerning freedom of association and the right to strike in the face of actions by public administrations exclusively referred to in the labour staff; on disputes between two or more trade unions, or between business associations, provided that the dispute is dealt with on matters covered by the jurisdiction of the social court, including in all cases of this paragraph liability for damages; and on the other actions envisaged in the This Law, in accordance with Article 117 (4) of the Spanish Constitution, is a guarantee of any right.

g) In collective conflict processes.

(h) on the challenge of collective agreements and agreements, whatever their effectiveness, including those agreed by public administrations when they are exclusively applicable to labour personnel; and Arbitrators of a social nature, including those issued in substitution of collective bargaining, in collective disputes, in dispute settlement procedures and in procedures for consultation in geographical mobility, amendments collective working conditions and collective redundancies. If they have been issued in respect of public administrations, where such awards are exclusive to the workforce.

i) In processes on electoral matters, including elections to bodies representing staff at the service of public administrations.

j) On the constitution and recognition of the legal personality of the trade unions, the challenge of their statutes and their modification.

k) In matters of the specific legal status of the trade unions, both statutory and statutory, in all matters relating to their internal functioning and relations with their members.

(l) 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.

(m) On the responsibility of trade unions and business associations for infringement of the rules of the social branch of law.

n) In the challenge of administrative decisions of the employment authority in procedures for temporary suspension of industrial relations, reduction of working hours and collective redundancies, regulated in Articles 47 and 51 of the Text Recast of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995 of 24 March, as well as the responsibility for the exercise of the power of sanctioning in labor and union matters, and with respect to other challenges of other acts of public administrations subject to administrative law in the exercise of their powers and functions in the labour and trade union matters which put an end to the administrative route, provided that in this case their knowledge is not attributed to another court order.

n) Against public administrations, including the Wage Guarantee Fund, when they are responsible for labour law.

(o) In the field of social security benefits, including unemployment protection and the protection by the end of the employment of self-employed persons, as well as on the allocation of responsibilities to employers or third parties in respect of the benefits of social security in the legally established cases. Similarly, the litigious issues relating to the assessment, recognition and qualification of the degree of disability, as well as the benefits deriving from Law 39/2006, of 14 December, of the Promotion of Personal Autonomy and Care to persons in a situation of dependency, having all the effects of this Law the same consideration as those relating to benefits and beneficiaries of Social Security.

p) In the field of employment intermediation, in the conflicts arising between workers and public employment services, authorized placement agencies and other entities collaborating with those and between them entities and the corresponding public employment service.

q) 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 unilateral decision of the employer, a contract (a) a collective agreement, agreement or agreement, as well as benefits or compensation supplements, in particular in the case of accidents at work or occupational disease, which may be established by the Public administrations in favour of any beneficiary.

r) Among the partners and the mutual societies, except those established by the professional associations, in the terms provided for in Articles 64 and following of the recast of the Law on the ordination and supervision of insurance private, approved by Royal Decree-Law 6/2004 of 29 October, as well as between the foundations of work or between them and their beneficiaries, on the fulfilment, existence or declaration of their specific obligations and rights of character assets, related to the purposes and obligations of those entities.

s) in the course of proceedings of public administrations, subject to administrative law and ending the administrative route, given in the exercise of their powers and functions in the field of social security, other than (a) the provisions referred to in paragraph (o) of this Article, including those falling within the scope of the sanctioning authority in this field and with the exception of those specified in Article 3 (f).

t) On any other issues that are attributed to them by this or other rules with range of law.

Article 3. Excluded materials.

They will not know the courts of social order:

(a) The direct challenge of general provisions of lower rank than the law and legislative decrees when they exceed the limits of the delegation, even in the labor, trade union or social security matters listed in the Previous article.

(b) of the contentious issues in the prevention of occupational risks arising between the employer and those who are obliged to coordinate with him the preventive activities of occupational risks and between any of the and the persons or entities that have assumed in front of them, for any degree, the responsibility to organize the prevention services.

(c) The protection of the rights of freedom of association and the right to strike in respect of civil servants, statutory staff of health services and the staff referred to in Article 1 (3) (a) The Recast Text of the Law of the Workers ' Statute.

(d) the provisions laying down guarantees to ensure the maintenance of the essential services of the community in the event of a strike and, where appropriate, of the services or dependencies and the minimum percentages of staff necessary for this purpose, without prejudice to the competence of the social order in order to know of the challenges exclusively relating to the acts of specific designation of the labour force included in those minimums, as well as to the knowledge of the other acts dictated by the labour authority in situations of labour conflict in accordance with Royal Decree-Law 17/1977 of 4 March on Working Relations.

e) of the agreements or agreements concluded by the public administrations in accordance with the provisions of Law 7/2007 of 12 April of the Basic Staff Regulations, which are applicable to official or civil servants the statutory health services, whether exclusively or jointly with the workforce; and on the composition of the negotiating tables on the working conditions common to the staff of administrative and labour relations.

(f) The challenges of administrative acts in the field of social security relating to the registration of undertakings, the formalisation of protection against occupational risks, charges, affiliation, discharge, discharge, and data of workers, as well as on the settlement of shares, settlement minutes and infringement proceedings linked to such settlement of shares and with respect to the acts of management of the collection, including the decisions given in this (a) the matter by its respective managing body, in the case of a joint collection fee with the Social Security contributions and, in general, the other administrative acts connected with the previous ones dictated by the General Treasury of Social Security, as well as the administrative acts on public welfare and social protection in matters not falling within the meaning of Article 2 (o) and (s).

g) Of claims on the responsibility of the Management Entities and the Common Services of Social Security, as well as of the other entities, services and agencies of the National Health System and of the institutions (a) the health insurance system, which is the subject of a procedure for the provision of services for the purposes of Article 1 (1) (a) of Regulation (EU) No No 1, and in particular Article 1 (1) of Regulation (EU) No No have a liability insurance.

(h) of the pretenses whose knowledge and decision is reserved by the Consolent Law to the exclusive and exclusive jurisdiction of the judge of the contest.

CHAPTER II

From the competition

Article 4. Functional competence per connection.

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 and in Law 22/2003 of 9 July, Insolvency.

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.

Article 5. An ex officio assessment of the lack of jurisdiction or jurisdiction.

1. If the courts have jurisdiction in the absence of jurisdiction or international jurisdiction, or are not competent to hear the claim on the grounds of the matter, the territory or the function, they shall order the court to declare it so and preventing the complainant from whom and how he/she can make use of his/her right.

2. The same declaration must be made in the same cases when issuing a judgment, and refrain from entering into the knowledge of the substance of the case.

3. The ex officio declaration of the lack of jurisdiction or jurisdiction in the cases of the two preceding paragraphs shall require prior hearing of the parties and of the three-day Joint Fiscal Ministry.

4. A declaration of lack of jurisdiction or jurisdiction may be exercised in respect of the remedies provided for in this Law. If the jurisdiction and jurisdiction of the body of the social jurisdiction is declared in the order, the question may be raised again in the judgment and, where appropriate, in the subsequent appeal.

5. If the action exercised is subject to an expiry period, it shall be deemed to be suspended from the filing of the application until the order declaring the lack of jurisdiction or jurisdiction is final.

Article 6. Courts of the Social.

1. The Courts of the Social Courts will be aware in a single instance of all the processes attributed to the social court, with the exception of those expressly assigned to the jurisdiction of other bodies of this court in Articles 7, 8 and 9 of this Law and in the Law of Bankruptcy.

2. In application of the provisions of the preceding paragraph, they shall also be known in a single instance of the proceedings of challenge of acts of public administrations attributed to the social court in Article 2 (n) and (s), where have been dictated by:

(a) The organs of the General Administration of the State and of the public bodies linked to or dependent on it, provided that their organic level is lower than that of the Minister or Secretary of State, with the exception of the files of employment regulation, suspension of the contract or reduction of working hours for economic, technical, organizational or production reasons.

(b) The Administrations of the Autonomous Communities, other than those of the Governing Council.

c) The Administrations of local entities.

(d) Any other body or entity governed by public law that may hold any of the administrative powers referred to in the aforementioned points of Article 2 of this Law.

Article 7. The Social Rooms of the High Courts of Justice.

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 points (f), (g), (h), (j), (k) and (l) of Article 2 where they extend their effects to a territorial area higher than that of the district of a Court of Social and not superior to that of the Autonomous Community, as well as all those who expressly attribute to them the laws.

(b) Also in a single instance, of the proceedings of challenge of acts of public administrations attributed to the social order in Article 2 (n) and (s), when they have been dictated by the Council of Government of the Autonomous Community or by organs of the General Administration of the State with an organic level of Minister or Secretary of State, provided that, in the latter case, the act has confirmed, in the course of appeal or in the procedure of audit or guardianship, which have been dictated by different bodies or bodies with jurisdiction throughout the territory national.

c) Of the pleading resources set forth in this Law against the judgments handed down by the Courts of the Social of your constituency.

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

Article 8. Social Room of the National Audience.

1. The Social Room of the National Court shall in one instance be aware of the processes referred to in Article 2 (f), (g), (h), (j), (k) and (l), as well as of the administrative decisions which have been placed on the subject of employment regulation files, suspension of the contract or reduction of working time for economic, technical, organisational or production reasons, where the processes or resolutions concerned extend their effects to a territorial area higher than that of an Autonomous Community or, The Court of First Instance held that the Court of First Instance held that the Court of First Instance submitted to arbitration.

2. Also, irrespective of their territorial scope of affectation, they shall be known in a single instance of the proceedings of challenge of acts of public administrations attributed to the social order in Article 2 (n) and (s), where they have been issued by bodies of the General Administration of the State and of the public bodies connected or dependent on it, the organic level of which is either Minister or Secretary of State or State Secretary or State Secretary, or when they are ratified by means of appeal or in the case of supervision or supervision by bodies or bodies other than with competition throughout the national territory.

Article 9. The Social Room of the Supreme Court.

The Social Room of the Supreme Court will know:

(a) In a single instance of the processes of impeachment of acts of public administrations attributed to the social court order when they have been dictated by the Council of Ministers.

b) Of the appeals established in the Law.

(c) The review of firm judgments handed down by the courts of the social order and the review of firm arbitration awards on matters which are the subject of knowledge of the social order.

(d) The claims of a judicial error when the organ to which the error is attributed belongs to the social court, except where the court is attributed to the Supreme Court itself or to one of its sections in which the jurisdiction shall correspond to the Chamber established in Article 61 of the Organic Law 6/1985 of 1 July of the Judiciary.

e) Of the questions of competence raised between organs of the social court that do not have another common hierarchical superior.

Article 10. Territorial jurisdiction of the Courts of the Social.

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

1. The place of supply of the services or the place of the defendant's domicile shall be deemed to be 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 of claims against the public authorities, the place of supply of the services or the address of the claimant shall be judged to be competent, at the discretion of the latter; except for the workers who provide services abroad, in which it shall be judged competent to the address of the defendant public administration.

2. In the processes indicated in the following paragraphs, it shall be in each case judged competent:

(a) Where they relate to the matters referred to in Article 2 (o) and (p), the person in whose constituency the original, express or presumed decision has occurred, or the contested action in the proceedings, or, the choice of the applicant, the court of his domicile, although, where the appeal is for the purpose of acts of the Administrations of the Autonomous Communities or of the entities of the Local Administration, the choice shall be deemed to be limited to the courts within the constituency of the Social Chamber of the High Court of Justice in which the the body which has issued the contested original act is situated.

(b) Where they relate to the matters referred to in Article 2 (q) and (r), the address of the defendant's domicile or that of the claimant, at the latter's choice. In the processes of the Mutual Insurance Fund, the defendant's jurisdiction shall in any case be governed.

(c) In the case of claims for processing salaries in front of the State, you will know the court that issued the dismissal sentence.

(d) In which they deal with the matters referred to in Article 2 (j) and (l), that of the seat of the union or the business association.

(e) In which they deal with the matter referred to in Article 2 (k) and (m), 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 (f), the place where the effects of the injury occurred or, where appropriate, the effects of the injury, or the decisions or actions in respect of which the tutelage.

(g) In the electoral processes referred to in Article 2 (i), the place in whose constituency the undertaking or centre of work is situated; if the centres are located in different municipalities, in which they exercise the jurisdiction of the courts, with the unity of the business committee or the body representing the staff at the service of the public administrations, the place where the electoral bureau was initially constituted or constituted. In the case of an impeachment of the administrative decision refusing to register the electoral records or the issue of certificates of the representative capacity of the trade unions or of the electoral results, the the jurisdiction of the Court of Social jurisdiction in whose constituency the relevant public office is located.

(h) in the case of collective agreements or substitute awards of collective agreements or collective agreements, referred to in Article 2 (h) and (g), that of the constituency to which the scope of application of the the contested agreement or award, or the effects of the conflict, respectively. In the actions of impeachment and judicial remedies of the other types of arbitral awards whose knowledge corresponds to the social order, that of the district of the court to which it would have been the case, the knowledge of the subject subject to arbitration.

3. The determination of the jurisdiction of the courts and tribunals of the social order in the processes referred to in Law 10/1997, of 24 April, of Information and consultation of the workers in the companies and groups of community dimension, will be governed by the rules laid down in Articles 6 to 11 of this Law in accordance with the procedural rules in question. In the processes of collective conflicts, on the challenge of collective agreements and on the protection of the rights of trade union freedom, the extension of its effects in Spanish territory will be considered. To this end, in the absence of an agreement or express determination in this respect, the address of the negotiating commission and the European Works Council shall be understood to be the address of the central management.

4. In the proceedings of the impeachment of acts of public administrations not included in the preceding paragraphs and attributed to the Courts of the Social, the territorial jurisdiction of the same shall be determined according to the following rules:

(a) In general, the court in whose constituency the body which has issued the contested act shall have jurisdiction.

b) In the case of acts which have an individual addressee, at the discretion of the applicant, the application may be brought before the court of its domicile, but where the appeal is for the purposes of Administrations of the Autonomous Communities or of the entities of the Local Administration, the choice shall be deemed to be conditional on the court of domicile being understood within the constituency of the Social Chamber of the High Court (a) the court of justice in which the body which issued the contested act is situated. If the act affects a plurality of recipients, the general rule applies.

Article 11. Territorial jurisdiction of the Social Chambers of the High Courts of Justice.

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 agreements or of the replacement of the former and in the case of collective disputes referred to in Article 2 (g) and (h), to that of the Court in whose constituency the the effects of the conflict or the effects of the conflict or the area of application of the terms of the contested agreement, agreement or award, or, in the case of an objection, of having, where appropriate, corresponding to the knowledge of the subject subject to arbitration.

(b) Where they deal with the matter referred to in Article 2 (j) and (l), the Court in whose constituency the trade union and the business association concerned are situated.

(c) Where they relate to the matters referred to in Article 2 (k) and (m), to that of the Court in whose constituency the effects of the act giving rise to the proceedings occur.

(d) Where they deal with the matter referred to in Article 2 (f), the Court in whose constituency the effects of the injury, decisions or actions in respect of which the injury has occurred are extended or, where appropriate, the effects of the injury the guardianship is demanded.

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 paragraph, relating 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.

4. In the matters referred to in points (n) and (s) of Article 2 and attributed in Article 7 to the knowledge of the Chambers of the Social of the High Courts of Justice:

(a) Where the contested act comes from the Governing Council of the Autonomous Community, the jurisdiction shall be the responsibility of the Social Chamber of the High Court of Justice in whose constituency the said organ is situated. government.

b) Where the contested act comes from a Minister or Secretary of State, in accordance with Article 7 (b), the knowledge of the matter shall be the responsibility of the Social Chamber in whose constituency the body responsible for the matter is situated. the contested act, or, where it has an individual addressee, to the Social Chamber in whose constituency the applicant has his seat, at the discretion of the applicant. If the act concerned a plurality of addressees and were different from the Chambers competent in accordance with the preceding rule, the jurisdiction shall be conferred on the Chamber of the seat of the body of the original act contested.

CHAPTER III

Of competition conflicts and competition issues

Article 12. Legal status.

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 6/1985, of July 1, of the Judiciary.

Article 13. Competition issues.

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. The questions of jurisdiction arising between organs of the social order of the jurisdiction shall be decided by the common superior immediately.

Article 14. Handling of competition issues.

The competition issues will be substantiated and decided in accordance with the provisions of Law 1/2000, of January 7, of Civil Procedure, except as provided in the following rules:

1. The declines will be proposed as exceptions and will be resolved in advance in the judgment, without suspending the course of the cars.

2. If the decline is estimated, the claimant may deduct his claim to the territorially competent body, and if the action is subject to an expiry date, the applicant shall be deemed to be suspended from the filing of the application. until the judgment that considers the declinatory is firm.

CHAPTER IV

Abstention and recusal

Article 15. Legal regime and procedure.

1. Abstention and recusal will be governed, in terms of its causes, by the Organic Law of the Judiciary, and in terms of the procedure, by the provisions of the Law on Civil Procedure.

Notwithstanding the foregoing, the recusal must be proposed prior to the conclusion of the acts of conciliation and judgment and, in the case of appeals, before the day indicated for the vote and judgment or, where appropriate, for the view.

In either case, the recusal proposition will not suspend execution.

2. They will instruct the recusal incidents:

(a) When the person who is challenged is the President or one or more Magistrates of the Social Room of the Supreme Court, the Social Room of the Superior Courts of Justice or the Social Room of the National Court, a Magistrate of the Chamber to which the recusal belongs, appointed by virtue of a shift established in order of seniority.

(b) Where all the Magistrates of a Chamber of Justice are challenged, the Magistrate who is in charge of the seniority of the Court of Justice, provided that he is not affected by the recusal, and if I will challenge all the Magistrates who make up the Social Room of the Court, a Magistrate of the Administrative-Administrative Board appointed by lot among all its members.

(c) When the recusal is a Judge of the Social, a Magistrate of the Social Room of the High Court of Justice, appointed by virtue of a shift established in order of seniority.

Seniority will be governed by the order of escalation in the judicial career.

In cases where it is not possible to comply with the provisions of the preceding paragraphs, the Governing Board of the Court concerned shall appoint the instructor, seeking to be of a higher category or, at least, of greater seniority than the recused or recused.

3. Will decide recusal incidents:

(a) The Chamber provided for in Article 61 of the Organic Law of the Judiciary, where the person is the President of the Social Room or two or more of the Magistrates of that Chamber.

b) The Social Room of the Supreme Court, when one of the members of the Supreme Court is challenged.

(c) The Chamber referred to in Article 77 of the Organic Law of the Judiciary, when the President of the Social Room of the said Superior Court has been challenged.

(d) The Chamber referred to in Article 69 of the Organic Law of the Judiciary, when the President of the Social Room of the National Court or more than two Magistrates of a Section of that Chamber has been challenged.

e) When one or two of the Magistrates of the National Court of the National Court are challenged, the Section in which the recusal or the Section which follows in numerical order is not integrated into that of which the recusal forms part.

f) Where one or two Magistrates of the Social Chamber of the High Courts of Justice have been challenged, the Chamber shall be held in plenary if it is not divided into Sections or, if not, the Section in which it is not integrated the recusal or the Section that follows in numerical order to that of which the recused is a party.

(g) Where the recusal is a Judge of the Social, the Social Room of the corresponding High Court of Justice in plenary, if it is not divided into Sections or, otherwise, the Section first.

4. The abstention and recusal of the judicial secretaries and the members of the other bodies of officials at the service of the Administration of Justice shall be governed by the provisions of each of them in the Law of Civil Procedure.

TITLE II

Of the procedural parts

CHAPTER I

Of capacity and procedural legitimisation

Article 16. Procedural capacity and representation.

1. They may appear in defence of their legitimate rights and interests who are in the full exercise of their civil rights.

2. Workers over 16 years of age and under 18 years of age shall be entitled to legal proceedings in respect of the legitimate rights and interests arising from their employment contracts and the social security relationship, where they do not legally require the conclusion of such contracts shall be the authorization of their parents, guardians or of the person or institution who is in charge of them, or have obtained authorization to hire their parents, guardians or any person or institution who is in charge of them in accordance with the labour law or civil or commercial law respectively. Economically dependent self-employed workers over the age of 16 years shall also be in a procedural capacity.

3. In the cases provided for in the preceding paragraph, workers over 16 years of age and under 18 shall also have a procedural capacity in respect of rights of a trade-union and representation as well as for impeachment. of the administrative acts affecting them.

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. For entities without personality to which the law recognizes the capacity to be a party, they will appear legally to represent them in judgment. By the property or patrimonial masses separated from the holder or whose holder has been deprived of their powers of disposition and administration, those who under the law shall administer them shall appear. By entities which, having failed to comply with the legally established requirements to constitute legal persons, are formed by a plurality of personal and property elements placed at the service of a particular purpose, they shall appear who, in fact or under the terms of the entity's covenants, act on their behalf vis-à-vis third parties or workers. The communities of goods and groups shall compare those who appear, in fact or in law, as organizers, directors or managers of the same, or in their absence as partners or members of the same and without prejudice to the responsibility that, in accordance with the law, may correspond to these natural persons.

Article 17. Legitimization.

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

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

Trade unions with sufficient implementation in the field of conflict are entitled to act in any process in which collective interests of the workers are at stake, provided there is a link between the the trade union and the object of the dispute in question; they may also be personable and be held in such proceedings, without such intervention to stop or to recede the course of the proceedings.

In particular, in the terms set forth in this Law, they may act, through the process of collective conflict, in defense of the rights and interests of a plurality of undetermined or difficult-to-determination workers; and, in In particular, it will be able to act in defence of the right to equal treatment between women and men in all matters attributed to social order.

In the process of execution, collective interests will be considered to be aimed at the preservation of the company and the defense of the jobs.

3. The self-employed workers ' organizations shall have the right to defend the agreements of professional interest signed by them.

4. The Prosecutor's Office shall be entitled to intervene in all cases provided for in this Law.

5. Against decisions which adversely affect the parties, the parties may institute the remedies provided for in this Law for having regard to any of their claims or exceptions, for they are directly liable to injury, to review errors of fact or to prevent any effects of the remedy from the opposing party or from the possible effectiveness of res judicata of the pronouncement on other subsequent processes.

CHAPTER II

Of procedural representation and defense

Article 18. Intervention in the trial.

1. The parties may be represented by themselves or confer their representation to a lawyer, procurator, collegiate social graduate or any person who is in the full exercise of their civil rights. The representation may be conferred by a court of law or public deed.

2. In the case of an award of representation to a lawyer, the formalities provided for in Article 21 (2) shall be followed.

Article 19. Presentation of the demand and plurality of actors or respondents.

1. The application may be submitted either individually or as a whole in a single letter or in several and, in this case, its admission to the proceedings shall be equivalent to the decision of its cumulation, which may not be refused unless the shares are not cumulative according to this Law.

2. In cases where more than ten actors are jointly sued, they shall appoint a common representative, with whom the following measures of action shall be taken. This representative must necessarily be a lawyer, an attorney, a collegiate social graduate, a plaintiff 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.

3. When the accumulation of the processes corresponding to several lawsuits filed against the same defendant is agreed, thus affecting the process to more than ten actors, as well as when the demand or demands are directed against more than ten If there is no counter-position of interests between them, the judicial secretary will require them to appoint a common representative, which may be the responsibility of any of the subjects mentioned in the previous paragraph. To this end, together with the communication to the actors of the resolution of accumulation, the judicial secretary will summon them to appear within the next four days for the appointment of the common representative; if the day of the appearance does not If any of the above is provided, 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.

4. Any of the applicants or defendants in the case of the preceding paragraph may express their justified wishes to appear on their own or to appoint a representative of their own, differentiated from the one appointed jointly by the other actors or defendants.

5. Where, by reason of the protection exercised, the claim does not directly and individually affect certain workers, it shall be understood, for the purposes of placement and appearance in the proceedings, that the representative bodies and, where appropriate, the union representation, the representation in the judgment of the generic interests of the corresponding labor collective, provided that there is no counterposition of interests between them, and without prejudice to the faculty of the workers that indirectly may be affected, whether to appear on their own or to designate a own representative.

Article 20. Representation by the trade unions.

1. The trade unions may act in a process, in the name and in the interests of the employees and of the officials and staff members affiliated to them, in order to defend their individual rights, by recaying them into the effects of that action.

2. In the application, the union shall establish the status of the employee or employee's affiliate and the existence of the communication to the affiliate of his or her willingness to initiate the process. The authorization shall be presumed to be granted unless the affiliate has declared otherwise. In the event that this authorisation has not been granted, the employee or employee may require the union to bear the responsibility, which shall be decided in an independent social process.

3. If at any stage of the proceedings the affiliate expressed in the judicial office that he had not received the communication from the union or that having received it, he would have denied the authorization of acting on his behalf, the judge or tribunal, after hearing of the union, will remember the file of the performances without further processing.

4. Trade unions shall be exempt from deposits and consignations in all their actions in the social order and shall enjoy the legal benefit of free justice when exercising a collective interest in the defence of workers and beneficiaries of social security.

Article 21. Advocate intervention, collegiate social graduate or procurator.

1. The defence by lawyer and the technical representation by collegiate social graduate shall be optional in the case. In the application of pleading the litigants must be defended by a lawyer or technically represented by a collegiate social graduate. In the appeal and proceedings before the Supreme Court, the defence of a lawyer shall be required. Where the defence is optional, except as provided for in the following Article, it may nevertheless be used by any of the litigants, in which case the payment of the respective fees or duties shall be taken into account with the exceptions referred to in the legislation on free legal assistance.

2. If the claimant is seeking to appear in the assisted trial of a lawyer or technically represented by a registered social graduate or represented by a prosecutor, he shall record it in the application. In addition, the defendant shall make this circumstance in the knowledge of the court or tribunal in writing, within two days of its summons to the trial, so that, if the actor is to be transferred, he may be represented. technically by a registered social graduate or represented by a prosecutor, 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 itself in the act of trial of attorney, attorney or collegiate social graduate.

3. If, in any other action, different from the act of judgment, any of the parties intend to act as a lawyer, the judicial secretary shall take appropriate measures to ensure the equality of the parties.

4. The application for the appointment of a lawyer by the workers ' office and the beneficiaries of the social security system which, by law, have all the right to free legal aid, will give rise to the suspension of the time limits or the interruption of the prescription of shares. Where the lawyer appointed for a process considers that the claim is untenable, he must follow the procedure laid down in Articles 32 to 35 of Law 1/1996 of 10 January of Free Legal Assistance.

5. Civil servants and staff in their performance in the social court as public employees shall enjoy the right to free legal aid on the same terms as workers and beneficiaries of the system of social security. social security.

Article 22. State representation and defense.

1. The representation and defense of the State and other entities of the public sector shall be governed, as appropriate, by the provisions of the Law of the Judicial Branch, the Law of Legal Assistance to the State and Public Institutions and the other rules of application.

2. The representation and defence of the Management Entities and of the Common Services of Social Security shall be the responsibility of the lawyers of the Social Security Administration, without prejudice to the possibility that the social security authorities may confer the representation in accordance with the general rules of Article 18 or appoint a lawyer to that effect.

CHAPTER III

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

Article 23. Intervention by the Salarial Guarantee Fund.

1. The Salarial Guarantee Fund, when necessary in defense of the public interest that it manages and to exercise the appropriate actions or resources, may appear as part in any phase or moment of its processing, in those processes of which wage-guarantee benefits may be derived, without such intervention pushing back or stopping the course of action.

2. In cases of undertakings which are engaged in proceedings, as well as those already declared insolvent or missing, and in the case of claims which may derive the liability provided for in Article 33 (8) of the recast The Law of the Workers ' Statute, the judicial secretary will cite as part of the Salarial Guarantee Fund, giving him a transfer of the demand so that he can assume his legal obligations and urge what is necessary in law.

Also to be notified to the Guarantee Fund are the resolutions of admission to processing, the indication of the view or incident and other resolutions, including the one that ends the corresponding procedure, when they could be derived responsibilities for the same.

3. The Salarial Guarantee Fund will have full powers of action in the process as a party, being able to oppose all kinds of exceptions and means of defense, even the personal of the defendant, and how many obstacles, preventing or modifying may give rise to the total or partial dismissal of the claim, as well as to propose and practice evidence and to institute any kind of appeal against the relevant or final decisions.

4. The Salarial Guarantee Fund shall be considered as part of the processing of the arbitral proceedings, in order to assume the obligations laid down in Article 33 of the Staff Regulations. Similarly, the Salarial Guarantee Fund may challenge the arbitral awards, the judicial or judicial reconciliations, the searches and the transactions approved judicially, to be able to derive from such securities guarantee obligations (a) to the extent that they are to be transferred to such cases by the authority which dictates or approves them.

5. In the cases referred to in paragraph 2 of this Article, as well as when he appears in judgment pursuant to paragraph 1, the Salarial Guarantee Fund shall rely on all the grounds of opposition relating to the existence of the employment relationship, circumstances of the provision, class or extent of the debt or the absence of any other procedural or substantive requirement. The estimation of such claims shall give rise to the statement corresponding to the grounds of opposition alleged, according to their nature, and to the exclusion or reduction of the debt, affecting all parties.

The assessment of the expiry or limitation of the action shall result in the acquittal of the employer and of the Guarantee Fund itself, if the prescription has been claimed or if the expiry date is assessed on its own initiative or on request. However, if there is an interruption of the limitation period because there has been an extra-judicial claim against the employer or the recognition of the debt, the latter shall not have any interruption of the prescription against the Guarantee Fund and shall be acquitted, without prejudice to the statement of origin to the employer, unless the recognition of the debt has taken place before an administrative service of mediation, arbitration or conciliation, or in the minutes of conciliation in a process The Court of Justice has held that the Court of Justice has held a Warranty.

The concurrence of the requirements for the provision of security as provided for in Article 33 of the recast of the Law of the Workers ' Statute shall not be the subject of the judicial procedure directed against him. an employer for the determination of the debt but for the administrative procedure before the Guarantee Fund, and in the case of the subsequent court proceedings which resolve the application for the provision of a wage guarantee.

6. If the Guarantee Fund has been placed in a mandatory manner in accordance with paragraph 2, it shall be bound by the judgment given. In other cases, the guarantee institution shall be bound by the procedure relating to the provision of security and to the worker for the legal title which would have determined the nature and amount of the business debt, provided that meet the requirements for the provision of a wage guarantee and without prejudice to the remedies or challenges which may have been deducted in the proceedings in respect of the employer, although he may take action against anyone who considers it to be true employer or business group or any person brought or against whom they may have been contribute to generating undue wage guarantee benefits.

7. 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

8. The court or tribunal may request the Salarial Guarantee Fund to have a record of the facts which are the subject of the proceedings in the proceedings in which it may be held liable for that body. The Guarantee Fund, irrespective of its capacity to act, may also provide such a background, even if it has not been embodied in the actions, as soon as it may affect the provision of wage guarantees, and for the purposes of completing the the elements of knowledge of the court in the decision of the case.

Article 24. Payment of benefits by the Salarial Guarantee Fund and subrogation in the rights and actions of workers.

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. Despatched execution, the judicial secretary will dictate decree stating the subrogation produced, which will be notified to the affected workers or their representatives, to whom, in case they can preserve credits derived from the same title In the case of the company executed by the party not satisfied by the Fund, they will be offered the possibility to constitute themselves as executors within the period of fifteen days. The amounts obtained shall be paid in proportion between the Fund and the workers in proportion to the amounts of their respective claims.

TITLE III

From the accumulation of actions, processes, and resources

CHAPTER I

From the accumulation of actions, processes, and resources

Section 1. Actions Accumulation

Article 25. Requirements for objective and subjective accumulation of actions and counterclaim.

1. The actor may accumulate in his/her application how many actions are against the defendant, even if they come from different titles, provided that all of them can be dealt with before the same court or tribunal.

2. On the same terms, the defendant will be able to acknowledge.

3. The shares may also be accumulated, being exercised simultaneously, that one or more actors have against one or more defendants, provided that such shares exist as a result of the title or cause of the request. The title or cause of asking is understood to be identical or related when the actions are merged into the same facts.

4. In the case of accidents at work and occupational diseases, all claims for damages arising from the same fact, including on voluntary improvements, may be accumulated if the injured worker or his/her they are directed against the employer or other third parties who are required to reply as a result of the causative event, including insurance undertakings, unless they have been dealt with by separate administrative procedure, in which case they shall be to the provisions of Article 30.

5. In proceedings arising from the same accident at work or occupational disease, where there is more than one court or section of the same Chamber and Court, at the time of filing they shall be distributed to the court or section which he or she has known or has known about (a) the first of those proceedings, the subsequent claims relating to such an accident at work or occupational disease, provided that such a circumstance is established or is apparent in the application.

6. The actor may, in his application, accumulate the form of order sought in connection with the same act or administrative decision, as well as those relating to various administrative acts or decisions where there is direct connection between them.

7. Where the contested administrative act concerns a plurality of addressees, if more than one court or section of the same Chamber and Court are held, the subsequent claims or resources relating to that act shall be distributed to the court or section which is aware or has known of the first of these processes, provided that such a circumstance is established or is apparent in the application. To this end, the Administration of the contested act shall inform the court or tribunal, as soon as it is aware of it, if it has knowledge of the existence of other claims or resources in which the alleged accumulation of such claims may be this Act.

Article 26. Special assumptions for stock accumulation.

1. Without prejudice to paragraphs 3 and 5 of this Article, in Article 32 (1) and in Article 33, they may not be cumulated with each other in the same judgment, even by way of counter-claim, in the case of a dismissal and other causes of termination of the contract of employment, those of substantial changes in working conditions, the enjoyment of holidays, those of electoral matters, the challenge of the statutes of the trade unions or of their modification, of geographical mobility, the rights of reconciliation of personal, family and work life to which they are Article 139 refers to the challenge of collective agreements, the challenge of imposing sanctions imposed by employers on workers and the protection of fundamental rights and public freedoms.

2. The provisions of the above paragraph are without prejudice to the possibility of claiming in the preceding judgments, where such procedural arrangements are to be followed, as required by Article 184, the compensation for the discrimination or injury to fundamental rights and public freedoms and other pronouncements of the procedural mode of protection of such fundamental rights and public freedoms, in accordance with Articles 182, 183 and 184.

3. The dismissal and termination of the contract may be accumulated in the same application if the cumulative dismissal action is exercised within the time limit laid down for the procedural mode of dismissal. Where for the termination of the contract of work of Article 50 of the recast of the Law of the Workers ' Statute, the non-payment of the agreed salary referred to in paragraph 1 (b) of that provision is invoked. Wage claim may be cumulated to the action by requesting the indemnified termination of the bond, possibly extending the claim to include the amounts subsequently due.

The worker may accumulate the claim for the liquidation of the amounts due up to that date in accordance with Article 49 (2) of the Workers ' Statute, without thereby altering the Article 105 (1) of the Law of the European Parliament However, if, due to the special complexity of the concepts claimed, excessive delays could be caused to the dismissal process, the court will be able to arrange, followed by the conclusion of the trial, that the proceedings be carried out in separate proceedings. claims for dismissal and quantity, for which the deduction of evidence or copies of the proceedings and evidence which it considers necessary in order to be able to deliver judgment on the claims of quantity in the new process shall be available. result.

4. The claim for professional classification for the performance of work of a category or a higher professional group may also be cumulated with the claim of the resulting remuneration differences.

5. In the case of workers conceptualised by their client as economically dependent self-employed persons, if they were to be fired on the grounds that they were working, they would be able to accumulate in the same way the main dismissal action and, in of the same expiry date as the latter, which may be made against the client's decision to terminate the relationship, in any case, and in the case of dismissal of the first. The same rule of cumulability will be followed when the relationship of dependent self-employed and as a subsidiary the employment relationship, as well as in the exercise of other types of actions when the employment or autonomous nature is questioned, will follow. economically dependent on the relationship.

6. Any claims in the field of social security shall not be cumulable, except where they have the same cause of requesting and except for the possibility of alleging injury to fundamental rights and public freedoms as referred to in paragraph 1 of the Article 140.

7. Where claims are lodged objectively or subjectively, the Registrar shall verify that the budgets referred to in Article 25 and in the preceding paragraphs are met, in accordance with the provisions of the Article 19.

Article 27. Actions unduly accumulated.

1. If unduly accumulated actions are exercised, the judicial secretary will require the plaintiff to subsane the defect within four days, choosing the action he intends to take. In case you do not do so, or if the circumstance of non-accumulability between the actions is maintained, you will notice the court to be, if appropriate, to agree the file of the claim.

2. However, in the case of an application for an expiry period, which would have accumulated another action, outside the cases provided for in this Law, even if the actor does not opt, the proceedings of the trial shall be followed by the actor, and the judge or The court will have the other cumulative action for not being formulated, warning the complainant of his right to exercise it separately.

3. If an action which is subject to the expiry date and the other or other actions which are subject to such an expiry date have been unduly accumulated, even if the actor does not opt, the proceedings of the judgment shall be followed by the first The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union separated.

Section 2. Th Process Accumulation

Article 28. Accumulation of processes in a row before the same court or tribunal.

1. If, in the same court or tribunal, a number of claims against the same defendant are dealt with, even if the actors are different, and the same actions are carried out in the same court or liable to have been accumulated in the same application, or at instance, the accumulation of the processes.

2. Where, in the case of social security benefits or a benefit surcharge, the same administrative act is contested, or acts of reproduction, confirmation or execution of a previous act, or acts between which there is a direct connection, agree to the accumulation of the proceedings even if all the parties and the procedural position they occupy do not coincide. Such a rule shall apply to the challenge of the same administrative act in the other matters falling within the competence of the social order.

3. The Registrar shall ensure compliance with the provisions of this Section, bringing to the attention of the judge or tribunal the processes in which those requirements are met, in order to resolve the case.

Article 29. Accumulation of processes in a row before different courts.

If in the case of the previous article the demands were put in different processes before two or more Courts of the Social of the same constituency, it will also be remembered the accumulation of all of them, ex officio or at the request of part. Such a request shall be made before the court or tribunal which knew of the claim which had been entered before in the Register.

Article 30. Cumulative processes.

1. It shall also, on its own initiative or at the request of a party, agree to the accumulation of proceedings which are pending in the same or different court or tribunal where the objects of the proceedings for which the cumulation is intended to be established are such that, Separately, statements with contradictory, incompatible or mutually exclusive statements or arguments may be issued.

2. Also, processes that originate in the same accident at work or occupational disease will be accumulated, even if all the parties or their procedural position do not coincide, unless they have been dealt with through administrative procedures. separate, in which case only challenges relating to the same procedure may be accumulated.

3. The judge or tribunal will decide to decide the accumulation, to meet the legal requirements. No other resource than the replacement shall be brought against this car.

Article 31. Accumulation with processes initiated at the instance of the labour authority.

To the ex officio processes initiated under the communication of the labour authority regulated in Article 148 shall be accumulated, in accordance with the above rules, the individual claims in which the identity of persons and The Court held that the Court of State held that the Court of State held that the Court of Such cumulation shall be agreed by the court or tribunal by order.

Article 32. Accumulation of processes relating to the termination of the contract of employment or relating to administrative acts with a plurality of addressees.

1. Where the worker makes separate claims for any of the reasons set out in Article 50 of the recast of the Law on the Law of the Workers ' Statute and for dismissal, the claim which is subsequently promoted shall be accumulated to the first of or at the request of any of the parties, all questions raised in a single 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 the case.

In this case, when the actions exercised are based on the same causes or in the same conflict situation, the judgment must jointly analyze both actions and the underlying conduct, giving a response in First of all to the action which it considers to be at the root of the conflict situation and then to resolve the second, with the indemnifying pronouncements that come. If the causes of one or other action are independent, the judgment must give priority to the analysis and resolution of the action which has been born before, and the fact that the action has been established, although its estimation shall not prevent the examination and decision in its case, of the other action.

2. In proceedings for dismissal, the worker may accumulate in the application the challenge of the business acts with an extinguishing effect of the relationship which has affected him, when the shares exist directly and as long as he has not transferred the legal period of challenge of the previously produced ones. The same requirements shall apply to the allocation to the same court of claims against such extinguishing acts, if such circumstances are to be found, or to the accumulation of proceedings before the same or different courts of agreement with the provisions of this Chapter.

3. The challenge of an administrative act affecting a plurality of addressees shall be cumulated with those which are brought forward after that act, even if the knowledge of the other court was initially given to another court.

Section 3. Th Resource Accumulation

Article 33. Rules for resource accumulation.

The accumulation of appeals and appeals shall be governed by the provisions of Article 234.

Section 4. Common Provisions

Article 34. Moment of accumulation. Separation of one or more processes from an agreed accumulation.

1. The accumulation of actions and processes shall be made and agreed upon prior to the conclusion of the acts of conciliation, where appropriate, and of judgment, unless it is proposed by way of counterclaim.

2. The accumulation of processes may be agreed upon by the judge or tribunal in respect of one or more of them, if there are grounds for their separate processing.

Article 35. Effects of accumulation.

The accumulation of actions and processes where appropriate will produce the effect of jointly discussing and resolving all issues raised.

CHAPTER II

From the accumulation of runs

Article 36. Assumptions of accumulation of executions against the same debtor.

1. In the execution of judgments and other executive titles against the same debtor and before the same body, it may be available, on its own initiative or at the request of a party, to the accumulation thereof, 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.

Article 37. Accumulation of cash runs.

1. Where the actions 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 carried out, the Secretary (a) the court must agree to the accumulation of executions, either on its own initiative or at the request of a party, to be followed before the same court, or at the request of a party, to know of them different courts.

2. In other cases, the judicial secretary shall agree to the accumulation, either on his own initiative or at the request of a party, where the criteria of economy and connection between the various obligations whose execution is intended are imposed.

Article 38. Rules of accumulation.

1. The execution processes will be accumulated to the first one in which the execution was ordered. If that order is the same date, they will be accumulated on the basis of the age of the title, and in the latter case the filing date of the claim will be present.

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 a delay to the judicial secretary who, with priority, has, in the case of, on the whole or greater part of the goods referred to.

Article 39. Handling of the accumulation incident.

1. The incident of accumulation may be considered by or before the court or tribunal competent to decree the accumulation of the executions, in the terms indicated in the previous article, of trade or at the request of either party.

2. If the cumulation is to be considered, the judicial secretary shall agree by decree, heard by the parties, to seek the remission of the executions to accumulate the judicial bodies in which they are dealt with.

3. If the judicial secretary of the requested body considers the requirement to be appropriate, he will dictate decree by agreeing to it and agreeing to the referral of the act. Against that decree will have direct recourse of review.

4. If the judicial secretary competent to decree the accumulation is deemed to be inappropriate or if the requested person does not agree to it, after issuing the corresponding decree and firm that it is, he shall then raise the Social Room of the court The Court of Justice of the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European the timely report. The Chamber shall decide on the origin of the cumulation and determine the court competent to hear the executions.

Article 40. Do not suspend executions.

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

Article 41. Temporary limitation to the accumulation of executions and no alteration of the ranking of credits.

1. The accumulation of executions may only be established or agreed as long as the obligation to execute or until, where applicable, the insolvency of the executed person is not fulfilled.

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 I

Of the procedural actions

Article 42. Jurisdiction of the judicial secretary.

Procedural actions must be authorized by the judicial secretary in the form established in the Organic Law of the Judiciary and in the Law of Civil Procedure with the specialties provided for in this Law.

Article 43. Time of the proceedings.

1. Procedural actions shall 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 laid down for resolution, all deadlines and terms are permanent and unextendable, and can only be suspended and opened again in cases taxatively established in law.

4. The days of August shall be non-working, except in the case of the procedural arrangements for dismissal, the termination of the contract of work of Articles 50 and 52 of the recast of the Law of the Workers ' Statute, the challenge of (a) administrative cases in cases of employment regulation, suspension of the contract or reduction of working time for economic, technical, organisational or production reasons, geographical mobility, substantial modification of working conditions, reconciliation of the personal, family and work life of article 139, impeachment of senior doctors, holidays, electoral matters, collective conflicts, the challenge of collective agreements and the protection of fundamental rights and public freedoms, both in the declarative process and in the process of recourse or execution.

These days shall also not be indefable for the adoption of preparatory acts, precautionary measures and precautionary measures, in particular in the field of prevention of occupational risks, accidents at work and occupational diseases, as well as for other actions which are aimed directly at ensuring the effectiveness of the claimed rights or for those rights which, if not adopted, could result in the damage of difficult repair.

It will be business in August for the exercise of labor actions derived from the rights established in Organic Law 1/2004, of December 28, of Comprehensive Protection Measures against Gender Violence.

5. The judge or tribunal may enable working days and hours for the practice of proceedings where it is not possible to practise them in a working time or be necessary to ensure the effectiveness of a judicial decision. Such clearance shall be made by the judicial secretaries when it is intended to carry out procedural proceedings to be carried out in matters falling within its exclusive competence, where action is to be taken by them or when are intended to comply with judgments given by judges or courts. Initiated a working time performance, you can continue until your conclusion 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.

Article 44. Place of presentation of documents and documents.

1. The parties shall present all the documents and documents in the Records of the judicial office attached to the Courts and Chambers of the Social.

2. Where the judicial offices and the subjects involved in a process have technical means to enable the sending and the normal receipt of written initiators and other documents and documents in such a way as to ensure the authenticity of the the communication and the record of the full remission and receipt of the documents and documents may be sent and received by those means, with full procedural effects, with the proof of proof that the compliance with the provisions of Article 135 (5) of the Law on Civil Procedure.

Article 45. Deadline and place of submission of written submissions.

1. Where the submission of a document is subject to a deadline, it may be effected until 15 hours on the working day following the expiry of the period in the common procedural service created for that purpose or, if the latter does not exist, at the seat of the body. judicial.

2. In no case shall the submission of letters addressed to the social order be admitted to the court which provides the on-call service.

Article 46. Constancy of the submission of writing and its immediate processing.

1. In the submission of documents and documents, the official designated for this purpose shall stamp the corresponding stamp on which the judicial office before which it is presented shall be entered and the day and time of the filing. In any event, the person concerned shall be given such an indication. The receipt of documents and documents in a simple copy submitted by the party may also be recorded. Where the technical means referred to in Article 44 are used, the system shall return the person concerned to the proof of lodging in the judicial office which comes in accordance with the provisions of Article 135 (5). of the Civil Procedure Act.

2. On the same day or on the following working day, the Registrar shall give the written and documents the appropriate course.

Article 47. Custody of the file and access to it.

1. The cars will remain in the judicial office in the custody of the secretary, where they will be able to be examined by those interested who credit legitimate interest, who must be given testimonials, certifications or simple copies when the request, all on the media and with the technical means available to them.

2. Any interested party may have access to the book of judgments and the book of decrees referred to, respectively, Articles 213 and 213 bis of the Law on Civil Procedure, in the form and with the technical means available in the office judicial.

Article 48. Delivery of the cars.

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 the notification of the person concerned that the cars are at his disposal, the material transfer of the actions may be replaced by the delivery of computer support or by means of telematic access, if the necessary means are available for this purpose, or for the delivery by any of these copy procedures of the individuals who proceed.

2. In the case of the material delivery of the proceedings, if the period granted for its examination is not returned, the judicial secretary shall impose a fine of twenty to two hundred euros per day. After two days without the return of the same, the judicial secretary will order his collection; if the attempt is not delivered to him, he will give the judge to the judge to arrange for the delay in the return.

CHAPTER II

Of the procedural resolutions

Article 49. Class of resolutions.

1. The judges and courts of the social order shall take their decisions by means of providences, orders and judgments in the cases and with the formalities legally provided.

2. The judicial secretaries shall resolve by means of measures and decrees, also in cases and with the formalities legally provided for.

3. Oral resolutions may be issued by the judge, court or judicial secretary during the trial or other acts presiding over, documented in the minutes with the expression of the ruling and the succinct motivation of those resolutions.

Article 50. Oral statements.

1. The judge shall, at the time of termination of the judgment, and save where, by reason of the matter or the amount, the application for a request, give a living sentence, with the content and the requirements laid down in Article 97 (2). In this case, the parties may request that they be given a document containing the written transcript of the judgment.

You may also approve by way of life sentence, whatever the matter and the amount, the total search carried out, as well as, where appropriate, the terms of execution of the sentence that are proposed to you by common agreement by the parties, provided that, if an appeal is made, they will express their decision not to appeal.

2. The judge may also limit himself to making the judgment, regardless of the amount or subject matter, with a succinct statement of the judgment, without prejudice to the subsequent wording of the judgment within the time limit and in the legally intended form.

3. The parties will be notified of the sentences handed down orally. If, known as the living sentence or the advance ruling, the parties express their decision not to appeal, the judge in the same act shall declare the firmness of the judgment.

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

Article 51. Oral cars.

Under the same conditions set out in the previous article, the judge or tribunal may give verbal orders to the court at the end of the hearing held in any incident raised during the proceedings.

Article 52. Form of the resolutions.

Any decision shall include the indication of the place and date of the adoption, the name of the person who gives it, the expression of whether or not the place is firm and, where appropriate, the resources to which it comes, the body to which it is to be brought and the time and requirements for this, as well as the necessary deposits and consignations and how to make them.

CHAPTER III

From Communication Acts

Article 53. Indication of the place of communications.

1. The acts of communication shall be carried out in the form set out in Chapter V of Title V of Book I of Law 1/2000 of 7 January, of Civil Procedure, with the specialties provided for in this Law, and all possible existing paths to achieve the effectiveness of the notifications.

2. In the first document or appearance before the court, the parties or persons concerned, and in their case the designated professionals, shall indicate a complete address and data for the practice of communication.

The address and location data provided for this purpose will have full effects and the notifications in them will not be valid until other alternative data are provided, with a procedural burden. of the parties and their representatives to keep them updated. They shall also communicate changes relating to their telephone number, fax number, e-mail address or the like, provided that the latter are being used as instruments of communication with the court.

Article 54. Time of communication.

1. Procedural decisions shall be notified on the day of their date, or of the publication where appropriate, to all those who are a party to the judgment, and not being possible on the following working day.

2. Decisions shall also be notified, in so far as they are sent, to persons and entities to whom they refer or may be injured or held in the legitimate interest in the matter under discussion. In particular, in addition to the resolution ending the process, they will be notified of the admission to processing and the pointing of the view.

3. If, in the course of the proceedings, measures were taken by the Judge or the Chamber to ensure the rights which the parties may be entitled to, or to ensure the effectiveness of the judgment, and the immediate notification of the parties concerned, proceedings or of the precautionary, preventive or executive measure adopted could jeopardise its effectiveness, the court may, in a reasoned manner, agree to the delay in the practice of notification during the time required for the achieve such effectiveness.

Article 55. Place of communications.

The citations, notifications, sites and requirements will be made at the local office of the judicial office, if the interested parties and, in other case, at the address indicated for these purposes, appear on their own initiative.

Article 56. Communications outside the judicial office.

1. The summons, notices and sites which are practised outside the office of the judicial office shall be made, whatever the addressee, by registered post with acknowledgement of receipt, with the secretary in the car of the content 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) addressed to the recipient shall be recorded in the event that they are not the person concerned.

3. The acknowledgement of receipt shall include the date of delivery and shall be signed by the postal worker 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, fax, e-mail 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 content of the consignment and the union, where appropriate, of the acknowledgement of receipt of the act communicated, which shall be recorded in cars. The results of the procedures and telephone calls or other means related to the acts of location and communication and the processing of the actions may also be carried out on the record.

5. Where the communication takes place using electronic, telematic, infottal or other similar means, it shall be carried out in accordance with Article 162 of the Civil Procedure Act.

Article 57. Subsidiary rules for communications.

1. If the acts of communication cannot be carried out in the manner indicated, they shall be carried out by the delivery of the copy of the decision or of the transfer to the consignee; if the latter is not found the nearest or family member or employee shall be delivered, more than fourteen years of age, who will be at home and, failing that, to whom they perform the functions of goalkeeping or concierge of the estate.

2. Without the need to be established at the address of the person concerned, the copy of the decision may be delivered to any of the persons mentioned above, as well as to whom, in connection with the addressee, he/she can guarantee the effective compliance with the act of communication.

3. The recipient must be informed of the public duty entrusted to him; that he is obliged to give the copy of the decision or the transfer to the recipient of the decision, or to give him notice if he knows his whereabouts, with a warning that he may be The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union compensation for the costs incurred.

4. In any event, the communication by means of delivery of copy of the resolution or cedula shall be carried out in accordance with the provisions of Articles 152 and 161 of the Law on Civil Procedure.

Article 58. Contents of the cells.

1. The cards shall contain the following requirements:

(a) The judge, court or judicial secretary who has issued the decision, the date of the decision and the case in which it has fallen.

(b) The name and surname of the person to whom the summons or placement is made.

c) The object of the citation or placement.

(d) Place, day and time at which the summons is to appear, or the time within which the action to which the site relates must be performed.

e) The prevention that if it does not appear it will stop the damage to which it is entitled.

f) Date of issue of the cedula and signature.

2. The delivery of the copy of the resolution or of the cedula shall be documented by means of diligence in which it shall be stated:

a) Date of diligence.

b) Name of the target person.

(c) Name and signature of the person to whom the delivery was made and, if not the person concerned, his or her national identity card number in the case of Spaniards or their identity number reflected in the equivalent documentation; and to prove the identity and nationality of the person concerned in the case of foreigners, domicile and relationship with the recipient.

d) Signature of the official or in charge of documenting the delivery.

Article 59. Edictal communication.

1. Once the act of communication has been tried and used the appropriate means for the investigation of the domicile, including in its case the investigation through the Registers, agencies, professional associations, entities and companies, these have been unsuccessful and do not record the address of the data subject or where his whereabouts are ignored, shall be reported by diligence.

2. In such a case, the judicial secretary shall send the act of communication by means of edicts, by inserting a sufficient extract of the decision or the document into the corresponding Official Gazette, with the warning that the following communications shall be made by means of a copy of the decision or of the document in the judicial office, by the means established for the purpose, except where the communication of the decisions to be taken is a form of order or judgment, or of a decree when terminate the process or resolve an incident, or when it is a site.

Article 60. Inadmissibility of responses in communications. Special communication assumptions.

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

2. Where the acts of communication are to be understood with a legal person, they shall, where appropriate, be practised in the delegations, branches, representations or agencies established in the population in which the court or tribunal hearing the case is to be heard, although they lack the power to appear in court for the persons who are at the forefront of the proceedings.

3. The acts of communication with the lawyer of the State or the lawyer of the General Courts, as well as with the lawyers of the Administration of Social Security, will be practiced in their respective official headquarters, in accordance with Law 52/1997, of 27 of November, Legal Assistance to the State and other public institutions, and the legislation that develops and complements it. Where the technical means referred to in Article 56 (5) of this Law are available, the acts of communication may be carried out by those means. These acts shall be read with respect to the Autonomous Communities with whom it establishes its own legislation.

The acts of communication to the Prosecutor's Office, to the State Advocate, to the lawyers of the General Courts and to the lawyers of the Autonomous Communities and the Administration of Social Security, as well as the notifications to the parties, including those carried out through the services organised by the professional colleges, shall be held on the day following the date of receipt which consists of the diligence or the proof of their receipt. where the act of communication has been carried out by the means and with the requirements laid down by the Article 162 (1) of the Law on Civil Procedure.

4. In the case of works councils, the above measures shall be read with their chairman or secretary and, failing that, with any of their members.

Article 61. Nullity of communications.

Notifications, citations, and sites that are not practiced in accordance with the provisions of this Chapter shall be void. However, if the person concerned has been informed or has sufficient evidence of his or her procedural or non-procedural knowledge of the essential elements of the decision, the diligence shall take effect from that time.

Article 62. Jurisdiction of the judicial secretary for the referral of trades, commandments and exhorts.

The judicial secretary shall issue trades, commandments, exhorts, and any other acts of communication that are agreed with interest in the practice of actions.

TITLE V

From process avoidance

CHAPTER I

From previous reconciliation or mediation and arbitration awards

Article 63. Previous reconciliation or mediation.

It will be a prerequisite for the processing of the process to attempt to reconcile or, where appropriate, mediation to the corresponding administrative department or to the body that assumes these functions that may be constituted by the interprofessional agreements or collective agreements referred to in Article 83 of the recast of the Law on the Staff Regulations of Workers, and by means of agreements of professional interest referred to in Article 13 and the Article 18 (1) of the Act on the Status of Autonomous Work.

Article 64. Exceptions to previous reconciliation or mediation.

1. Except for the requirement of an attempt to reconcile or, where appropriate, mediation, processes requiring the prior complaint on administrative or other forms of exhaustion of the same, if any, those relating to social security, the on the enjoyment of holidays and electoral matters, geographical mobility, substantial modification of working conditions, rights of reconciliation in the personal, family and work life referred to in Article 139, Of course, the challenge of collective agreements, the challenge of the statutes of the trade unions The Court of First Instance held that the Court of Justice held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held a decision on the interpretation of the exercise work actions to protect against gender-based violence.

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 must be submitted to the prior complaint procedure on administrative or other form of exhaustion of the same and in this one could decide the litigation issue.

(b) The assumptions in which, at any point in the process, after having addressed the ballot or the application against certain persons, it was necessary to direct or extend the ballot to persons other than those initially demand.

3. Where, by the nature of the claim exercised, the conciliation or mediation agreement which could be reached may have legal effect, the process of the abovementioned requirement of the prior attempt, if the parties are to attend, may be The time limit shall be suspended or the limitation period shall be suspended in the form set out in the following

.

Article 65. Effects of the request for conciliation or prior mediation. The arbitral awards.

1. The submission of the request for conciliation or mediation shall suspend the time limits and shall interrupt the periods of limitation. The calculation of the expiry shall be resumed on the following day of attempted conciliation or mediation or after fifteen working days, excluding from the calculation on Saturdays, from its presentation without having been concluded.

2. In any case, after 30 days, in the form indicated in the preceding number, without having concluded the act of conciliation or without having initiated mediation or reached agreement on the same, the procedure shall be terminated and completed processing.

3. The time limits for expiry shall also be suspended and the time limits for the subscription of an arbitration undertaking concluded pursuant to the interprofessional agreements and the collective agreements referred to in Article 83 of the Treaty shall be suspended. Text Recast of the Law of the Workers ' Statute or of the derivatives of agreements of professional interest in accordance with Article 18 (4) of the Law on the Status of Autonomous Work.

In these cases the calculation of the expiration will be resumed the day after the arbitration award becomes final; the resumption will take place from the next day to the end of the award. firmness of the statement that is issued.

The same effect will occur even if in the arbitral proceedings the incompetence is appreciated, the computation of the expiration from the firmness of the resolution that ends the arbitration is resumed.

4. The actions of challenge and judicial remedies for the annulment of arbitral awards the knowledge of which corresponds to the social order, where they do not have a special procedure, including the arbitral awards established by agreements of professional interest of economically dependent self-employed workers shall be substantiated, at the request of the persons concerned, by the proceedings of the ordinary procedure, before the court or tribunal to which the knowledge of the subject to arbitration, based in excess on the arbitration, having resolved aspects not subject to it or which could not be the subject of the same, essential procedural or infringement of mandatory rules. The action shall lapse within 30 working days, excluding Saturdays, Sundays and holidays, from the notice of the award.

To be challenged by the Salarial Guarantee Fund, in relation to possible wage guarantee obligations, or by other potential third parties, may be based on illegality or lesivity and the deadline for the exercise of the action shall have since they may have known the existence of the arbitral award.

Article 66. Consequences of non-attendance at the act of conciliation or mediation.

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

2. Where the parties to the act of conciliation or mediation are duly summoned, the applicant shall not be brought against a fair cause, the conciliation ballot or the request for mediation shall not be filed, all of which shall be closed. acted.

3. If the other party does not appear, it shall be expressly stated in the certification of the conciliation or mediation act and the conciliation or mediation shall be carried out for an unsuccessful attempt, and the court or tribunal shall impose the costs. the proceedings to the party which did not appear without justified cause, including fees, up to the limit of EUR six hundred, of the lawyer or registered social graduate of the opposing party who had intervened, if the judgment in his day (i) it is essentially consistent with the claim contained in the conciliation ballot or in the mediation request.

Article 67. Impeachment of the conciliation or mediation agreement.

1. The conciliation or mediation agreement may be contested by the parties and by those who may suffer damage to the court or tribunal to which the knowledge of the subject matter of the conciliation or of the proceedings was concerned. mediation, by means of the exercise by the parties of the action of nullity for the reasons which invalidate the contracts or the possible wronged ones with grounds for their illegality or lesivity.

2. The action shall expire at the age of 30 working days, excluding Saturdays, Sundays and holidays, following the date on which the agreement was adopted. For those likely to be hurt the deadline will count since they may have known it.

Article 68. Enforceability of the settlement or mediation agreement and the firm arbitration awards.

1. What has been agreed in conciliation or in mediation shall be entitled to initiate executive actions without the need for ratification before the judge or tribunal, and may be effected by the formalities provided for in the Fourth Book of this Law.

2. The final judgment shall be deemed to be equivalent to the final judgment in the case of an equally firm, individual or collective arbitration award by the body which may be established by means of inter-branch agreements and conventions. collective agreements referred to in Article 83 of the recast of the Law of the Workers ' Statute, the arbitration awards established by agreements of professional interest of the economically dependent self-employed workers in accordance with the Article 18 (4) of the Law on the Statute of the Autonomous Labour Office, as well as the awards (a) the right to strike or to collective conflicts or others whose knowledge corresponds to the social order, exclusively in the specific statements of condemnation which by their nature are susceptible to such a execution and except for pronouncements that have regulatory or interpretative effectiveness.

CHAPTER II

Depletion of the administrative path prior to the judicial path

Article 69. Prior administrative complaint or exhaustion of the administrative route prior to the social court.

1. In order to be able to sue the State, Autonomous Communities, local authorities or entities governed by public law with their own legal personality linked to or dependent on them, it will be necessary to have brought an action before the (a) social justice, or, where appropriate, having exhausted the administrative route, where appropriate, in accordance with the provisions of the rules of administrative procedure applicable.

In any event, the public administration must notify the persons concerned of the decisions and administrative acts affecting their rights and interests, containing the notification of the full text of the resolution, with indication whether or not it is final on the administrative route, the expression of the resources or the prior administrative complaint which they have made, the body before which they must be submitted and the time limit for bringing them together, without prejudice to the possibility of the persons concerned being able to exercise, where appropriate, any other that they consider to be appropriate.

The notifications containing the full text of the act omitted any of the other requirements set out in the preceding paragraph shall keep the limitation periods and the limitation periods suspended and only the periods of limitation take effect from the date on which the data subject carries out actions involving the knowledge of the content and scope of the resolution or act which is the subject of the notification or resolution, or makes any appeal or complaint as appropriate.

2. Notified of the refusal of the complaint or after one month without having been notified, or since the administrative route has to be understood in the other cases, the person concerned may formalise the claim within two months of the complaint. judged or the competent Chamber. The application shall be accompanied by a copy of the decision rejecting the complaint or supporting the submission of the complaint or the interposition or resolution of the administrative appeal, as appropriate, by making a copy of the complaint for the institution. respondent.

3. In the case of shares arising from dismissal and other shares which are subject to an expiry date, the time limit for the application shall be 20 working days or the special one which is applicable, from the day following that in which the application was made. the act or the notification of the contested decision, or since the administrative route has been exhausted in the other cases, although the interposition of the complaint before the decision suspends the period of validity, in the terms of the 73.

Article 70. Exceptions to the prior administrative complaint or to the exhaustion of the administrative route.

1. Except for the requirement of prior complaint, the processes relating to the enjoyment of holidays, electoral matters, geographical mobility, substantial modification of working conditions, rights of reconciliation of personal, family and life Article 139 of the Treaty on the European Union, as amended by Regulation (EC) No 106/2009 of the European Parliament and of the Council of 17 March 2000 on the common organization of the market in the last potestative, and claims against the Guarantee Fund Wage, under the protection of the provisions of Article 33 of the Recast Text of the Law of the Workers ' Statute.

2. It will not be necessary to use up the administrative route to seek protection of fundamental rights and public freedoms against acts of public administrations in the exercise of their powers in the field of labour and trade union, although the time limit for the application shall be 20 days from the day following the notification of the act or within the time limit set for the decision, without further formalities; where the injury to the fundamental right has its origin in the (a) administrative inactivity or acting in fact, or has been brought to an appropriate administrative appeal, the period of 20 days shall be 20 days from the claim against the inactivity or via in fact, or from the filing of the appeal, respectively.

3. It is also excepted from the requirement of prior reclamation of the exercise of the labor actions derived from the rights established in the Organic Law 1/2004, of December 28, of Measures of Comprehensive Protection against Gender Violence.

Article 71. Prior administrative complaint in respect of social security benefits.

1. It shall be necessary to make a claim on social security benefits, which the parties concerned may make prior to the management of the social security benefits. The procedures for challenging the express administrative decisions in which the medical discharge issued by the competent bodies of the Social Security Management Entities are agreed upon after the expiry of the period of validity of the three hundred and sixty-five days of the temporary disability benefit.

2. The prior complaint shall be brought before the competent body which has issued a decision on the initial application of the person concerned within 30 days of the notification of the request, if it is express, or from the date on which, in accordance with the regulatory rules of the procedure in question must be understood as administrative silence.

In the procedures for challenging high-medical non-exempt medical claims under paragraph 1 of this article, the prior complaint shall be filed within 11 days of the notification of the decision.

3. If the resolution, expressed or presumed, has been dictated by a contributing entity, the prior complaint shall, within the same period, be brought before the cooperating entity itself if it has jurisdiction to resolve, or in another case before the relevant body of the managing body or public body of the provision.

4. Where, in the initial recognition or amendment of an act or law in the field of social security, the relevant entity is obliged to proceed on its own initiative, in the event that no agreement or resolution is reached, the person concerned may request to be issued, having this request value of prior claim. In the same way, the claim that the previous claim has expired, as long as the right has not been prescribed and without prejudice to the retroactive effects to be given to it, may be repeated.

5. Upon prior complaint in any of the cases referred to in this Article, the Entity shall expressly reply to it within forty-five days. Otherwise, the complaint shall be deemed to have been refused by administrative silence.

In the case of high-physician impeachment proceedings in which a prior complaint must be filed, the time limit for the response of the claim shall be seven days, being deemed to be dismissed after the time limit has elapsed.

6. 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 it is refused by administrative silence.

In the process of challenging the high physician the previous period will be twenty days, which when no prior claim is required will be computed from the acquisition of full effects of the medical discharge or from the notification of the discharge final agreed by the managing entity.

7. The institutions or bodies responsible for social security shall issue receipt of the filing or stamp, with an indication of the date, the copies of the complaints addressed in compliance with the provisions of this Law. This receipt or sealed copy, or the supporting evidence for alternative procedures and records which are established by the applicable administrative rules, shall be accompanied inexcusably with the application.

Article 72. Linkage to the prior complaint or administrative path.

In the process, the parties may not introduce substantial variations of time, quantities or concepts in respect of those which are the subject of the administrative procedure and the actions of the persons concerned or the administration, either in the form of a prior complaint or an appeal which runs the administrative route, except in respect of new facts or which could not have been previously known.

Article 73. Effects of prior administrative or administrative action.

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

Article 74. Principles of the process.

1. The judges and courts of the social court and the judicial secretaries in their function of ordering the procedure and other powers conferred by Article 456 of the Law of the Judicial Branch shall interpret and apply the regulatory standards for the ordinary social process according to the principles of inmediation, orality, concentration and speed.

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

Article 75. Procedural duties of the parties.

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 a party to the process must comply with the obligations imposed on them by the judges and courts in order to guarantee the rights that the parties may have and to ensure the effectiveness of the judicial decisions.

3. If an economically assessable damage occurs, the injured party may claim the appropriate compensation before the court or tribunal which is aware of or has known the main case.

4. All must adjust in their actions in the process to the rules of good faith. If they are infringed, as well as in the case of the formulation of a rash claim, without prejudice to the foregoing number, the judge or tribunal may impose by order, in a separate part, on a reasoned basis and in compliance with the principle of proportionality, by weighing the circumstances of the event, the economic capacity and the damage caused to the proceedings and other interveners or third parties, a fine which may vary from one hundred and eighty to six thousand euros, without any exceed the amount of the third part of the dispute.

The person who has imposed the fine provided for in the preceding paragraph may be heard in court. The hearing in justice shall be requested within three days of the notification of the fine, in writing before the court or tribunal which has imposed the fine. The hearing shall be settled by order against which the appeal shall be lodged within five days before the Chamber of Government concerned, which shall settle the hearing before the judge or the Chamber which imposed the fine.

To appreciate either foolhardy or bad faith in the judgment or in the resolution of appeals or appeals, it will be in accordance with their respective rules.

5. Failure to comply with obligations to cooperate with the process and to comply with the decisions of judges and courts and judicial secretaries in their function of procedure and other powers conferred by the article 456 of the Organic Law of the Judiciary, without prejudice to the provisions of paragraphs 3 and 4 above, shall, respectively, give rise to the application of the pecuniary awards to the parties and the periodic penalty payments to the other interveners or third parties, in the terms laid down in Article 241 (2) and (3), may be heard in justice in the manner provided for in the previous paragraph.

BOOK SECOND

From the ordinary process and procedural modes

TITLE I

From the ordinary process

CHAPTER I

Of the preparatory acts and preliminary proceedings, of the anticipation and assurance of the test and of the precautionary measures

Section 1. First preparatory acts and preliminary proceedings

Article 76. Request for preparatory acts and preliminary proceedings.

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, capacity, representation or legitimisation, or purpose provides some document, the knowledge of which is necessary for the judgment.

The determination of who the partners, members, members or managers of an entity with no personality and the necessary steps towards the determination of the entity may be requested may also be requested. the employer and the members of the group or business unit, as well as the determination of the persons involved in the production of a damage to the person to whom the claim is sought and the coverage of the risk in their case.

2. The judgment may also be prepared at the request of the person who intends to initiate a process for the defence of collective interests, in order to make the members of the group affected more specific when, not being determined, they are easily determinable. To this effect the court shall take the appropriate measures for the investigation of the members of the group, according to the circumstances of the case and according to the data supplied by the applicant, including the requirement to the defendant to collaborate on that determination.

3. A request for the practice of other measures and investigations necessary to prepare the trial of those provided for in Article 256 of the Law on Civil Procedure may also be made.

4. Where the conduct of the requested care may affect personal privacy or other fundamental right, the court or tribunal, if it does not mediate the consent of the person concerned, may authorise such action in the form and with the guarantees. set out in paragraphs 4 to 6 of Article 90.

5. The Labour and Social Security Inspectorate and, where appropriate, the Labour Administration, in the performance of their duties, when the centre of work under inspection is in accordance with the address of the person concerned, may request the a judicial authorization, if the holder objects or is at risk of such opposition, in relation to the administrative procedures of which he or she may subsequently know the social jurisdiction, or to enable any another inspection or control measure which could affect fundamental rights or freedoms public.

6. 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.

Article 77. Pre-display of documents.

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 the claim or its opposition, the person seeking to sue or provide for a claim that he/she is to be sued may apply of the judicial body the communication of such documents. In the case of accounting documents, the applicant may be advised by an expert on the matter, who shall be subject to the duties which he may be responsible for 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, on what it considers to be appropriate, laying down the procedure for the communication of those elements and, where appropriate, by adopting the measures necessary for the examination to take effect from the less burdensome form and without the documentation coming out of the power of the holder, to which effect the party in whose possession the documents provide the interested party or its accounting expert a copy of the documents, in support of the Preferably electronic, allowing the collation of such copy or version with the original document.

3. The above measures may also be requested by the parties during the proceedings in advance provided for in Article 90 (3), provided that they do not give rise to the suspension of the act of judgment.

Section 2. First Advance and Test Assurance

Article 78. Causes and rules applicable to the anticipation of the test.

1. Anyone who intends to sue or presume that he or she is to be sued may request the court or tribunal in advance for the advance practice of any means of proof where there is a well-founded fear that, because of the persons or the state of affairs, they may acts cannot be carried out at the time of the procedure generally provided for or whose performance presents serious difficulties at that time, including the examination of witnesses when, by the advanced age of any of them, the imminent danger of their life, the proximity of an absence or stay in a place with which communications are impossible or difficult; or any other serious and justified reasons are presumed that it is not possible to maintain their right for lack of justification.

2. Either party once the proceedings have been initiated, but in any event without giving rise to the suspension of the act of judgment, may request the advance practice of evidence which cannot be carried out at the event of the trial, or whose performance is present. serious difficulties at the time. The judge or tribunal shall decide what is relevant for its practice in accordance with the terms laid down by the rule governing the appropriate means of proof and, as soon as it applies, subject to the provisions of Articles 293 to 297 and paragraph 1. 1 of Article 298 of Law 1/2000, of 7 January, of Civil Procedure. 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.

Section 3. Precautionary Measures

Article 79. Regime applicable for the adoption of precautionary measures.

1. The precautionary measures necessary to ensure the effectiveness of the judicial protection that could be agreed upon in judgment shall be governed by the provisions of Articles 721 to 747 of the Law on Civil Procedure with the necessary adaptation to the particularities of the social process and hearing the parties, although the effectiveness of the measures may be anticipated in a reasoned manner where the applicant so requests and accredits that the reasons for urgency are met or that the prior hearing may be compromise the good end of the precautionary measure.

When the process is seen about the challenge of acts of public administrations in labor and social security, the adoption of precautionary measures will be governed, as not provided for in this Law, by the provisions of the Law 29/1998, of July 13, regulatory of the Jurisdiction-Administrative Jurisdiction, in its articles 129 to 136.

Workers and beneficiaries of Social Security benefits and trade unions, as soon as they represent the collective representation of their interests, as well as the representative associations of the self-employed workers economically dependent, shall be exempt from the provision of guarantees, guarantees and allowances related to the precautionary measures that may be agreed.

2. 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.

3. 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.

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

5. In claims arising from accidents at work and occupational disease, without prejudice to the above measures, the provisions referred to in Article 142 (1) may be agreed in relation to the business insurance in this respect, as well as the preventive and other precautionary measures provided for in this Article in respect of any kind of business and third party responsibilities arising from such contingencies.

6. In proceedings relating to the decisions of the labour authority on the cessation of work by risk for the safety and health of workers, as well as in the case of corporate responsibility for occupational diseases, medical examinations, the measures referred to in the preceding paragraph of this Article may be adopted for the purposes of securing the resulting business responsibilities, as provided for in Article 195 and Article 195 (2) of the Article 197 of the Recast Text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

7. In the proceedings in which the termination of the contract of employment is exercised at the request of the worker on the basis of Article 50 of the Staff Regulations in those cases where the conduct of business is justified is prejudicial to the dignity or physical or moral integrity of a worker, may result in a possible infringement of his other fundamental rights or public freedoms or any consequences of such gravity which may render the continuity of the provision in its earlier form may be agreed, at the request of the applicant, of any of the measures The precautionary measure referred to in Article 180 (4) of this Law, with the maintenance of the business obligation to list and pay the wages without prejudice to what can be resolved in the judgment.

CHAPTER II

From the ordinary process

Section 1. Demand

Article 80. Form and content of the demand.

1. The claim shall be made in writing, and may use the forms and procedures provided for the purpose in the office where it is to be filed, and shall contain the following general requirements:

(a) The designation of the body to whom it is presented, as well as the expression of the procedural modality through which it understands that its claim must be prosecuted.

(b) The designation of the claimant, in the terms of Article 16 of this Law, with the expression of the number of the national identity document or of the number and type of identification document of foreign citizens, and of those other interested parties who have to be called to the proceedings and their addresses, indicating the names of the natural persons and the names of the legal persons. If the claim is directed against a wealth, separate equity, entity or group lacking in personality, in addition to sufficiently identifying them, the name and surname of those who appear as administrators shall be given. organizers, directors, managers, partners or unit-holders, and their addresses, without prejudice to the legal responsibilities of the estate, entity or group and its managers and members.

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 referred to in conciliation or mediation be alleged or entered in respect of the administrative route after substantial variations in the terms prevented in Article 72, except for new or non-made facts. could have been known before.

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 a domicile, if possible in the locality where the court or tribunal resides, in which all the proceedings to be taken with him shall be carried out. The designation must be made with a complete indication of all the identification details of the registered office, as well as the fax number, telephone number and electronic address if available, for the practice of all kinds of communications. such means. If a lawyer is appointed, a registered social graduate or a solicitor must be subscribed by the professional, which shall be understood as assuming his representation with full procedural powers and shall provide the same data as before, without prejudice to ratification subsequent to the applicant's judgment unless he has previously granted power in form, by any of the means admitted to the law or which, subsequently, is effectively revoked or resigned.

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 or she is legally required to intervene, as well as the other documents required in accordance with applicable procedural mode.

3. The application shall be accompanied by the supporting documentation of having attempted the previous conciliation or mediation, or of having elapsed the period required for its completion without having been concluded, or of the exhaustion of the administrative route, where appropriate, or claim that they are not necessary, as well as the remaining documents providing the necessary procedural input according to the applicable procedural mode.

Article 81. Admission of the claim.

1. The Registrar shall, within three days of receipt of the application, give the judge or tribunal, if he understood that the cases of a lack of jurisdiction or jurisdiction are present, or, in another case, without prejudice to the proceedings. (a) the right to be established, to decide upon the admission to the proceedings of the procedure, with a judgment in the manner provided for in the following Article, or to warn the party of the defects or omissions in which it has incurred the drawing up the complaint in relation to the necessary procedural budgets which could prevent the valid prosecution and termination of the proceedings, as well as in relation to the documents of mandatory contribution with the same, except as provided for in paragraph 3 of this same article for the prior conciliation or mediation, in order to be subsane within of the four-day period.

2. In the case of the remedy, the judicial secretary within the next three days will admit the lawsuit. In another case, it shall give the judge or tribunal an account of its admissibility within three days of its admissibility.

3. If the application is not accompanied by a certificate of the act of conciliation or prior mediation, or of the ballot for conciliation or of the request for mediation, the judicial secretary shall not have been held in a legal period, without prejudice to the the admission and proceeding to the point of order shall 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 receipt of the notification, with a warning of file of the performances otherwise, leaving without effect the pointing out.

4. If the claim is admissible, or after it has been remedied, and in it proceedings are sought for the preparation of the test to be carried out on trial, as well as in the cases of subsequent application within the legal period of such proceedings or of any Further notice or assurance of proof shall be given to the judge or tribunal to resolve the proceedings within the following three days, the corresponding decision being served together with the admission to the proceedings of the demand and notification of the pointing.

Article 82. Pointing out the acts of conciliation and trial.

1. If the demand is accepted, once the concurrency of the required requirements has been verified, the same decision of admission to the court shall indicate the day and time at which the acts of conciliation are to take place in succession. (a) judgment, with a minimum of 10 days between the summons and the effective conclusion of such acts, except in cases where the law provides for a different and in the case of new claims after a suspension.

In the indictment of the views and trials, the judicial secretary will address the criteria set out in Article 182 of the Law on Civil Procedure and will seek, as far as possible, to point out in the same day that the (a) refer to the same persons concerned and cannot be accumulated, as well as to relate the statements of the proceedings in which the judicial secretary must attempt the prior conciliation with the exempt of such a procedure. In particular, hearings and hearings requiring the presence of the representative of the Prosecutor's Office, lawyer of the State, lawyers of the General Courts, lawyers of the Administration of Social Security, of the Autonomous Communities or of the Local administration, they will be grouped, pointing out consecutively.

2. The conclusion of the acts of conciliation and trial, the first before the judicial secretary and the second before the judge or Magistrate, will take place in a single call but in successive acts, and the summons in form must be made to this effect, with The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union days following notification.

3. The summons shall state that the acts of conciliation and trial shall not be suspended because of the defendant's failure to appear, as well as that the litigants are to contest with all the means of proof that they attempt to avail themselves and that may formalize conciliation in order to avoid the trial, by means of appearance before the judicial office, without waiting for the date of the statement, as well as to refer the matter to the mediation procedures that may be constituted by agreement with the provisions of Article 63 of this Law, taking the necessary measures to this end, without This shall be the case for suspension, unless the two parties so request, justifying submission to the mediation, and for the maximum time laid down in the relevant procedure, which shall in any event not exceed 15 days.

4. Ex officio or at the request of a party, the prior transfer between the parties or the advance contribution may be required, preferably on a computer basis, five days in advance of the act of judgment, of the documentary or expert evidence which, by its volume or complexity, it is appropriate to allow your prior examination at the time of the test.

5. When the representation and defense in judgment is attributed to the State's lawyer, it will be granted a period of twenty-two days for the consultation of the Attorney General of the State-Directorate of the State Legal Service. Where the representation and defence in judgment is attributed to the lawyer of the Social Security Administration, he shall also be granted a period of twenty-two days for the consultation of the Directorate of the Legal Service of the Administration of Social Security. Social Security. This same period shall be understood in relation to the Autonomous Communities for consultation of the body which establishes its own legislation, as well as when the representation and presence in judgment is attributed to the lawyer of the General Courts. The judgment shall be made in such a way as to take place at a later date.

Section 2.

Article 83. Suspension of acts of conciliation and trial.

1. Only at the request of both parties or on justified grounds, accredited to the judicial secretary, may it suspend, for a single time, the acts of conciliation and trial, and shall be reappointed within 10 days of the date of the suspension. Exceptionally and by appropriately proven transcendent circumstances, a second suspension may be agreed.

In the event of a coincidence of claims, the substitution within the same representation or defense is not possible, once the requirements of the ordinal 6th of Article 188 (1) of the Law of Procedure are justified. Civil, after communication by the applicant to the other professionals provided that they contain their data in the procedure, it will be sought, first of all, to accommodate the signal within the same date and, in its defect, to enable new signaling, adopting the measures required to avoid new matches.

2. If the actor, cited in form, does not compare or claim fair cause to motivate the suspension of the act of conciliation or of the trial, the judicial secretary in the first case and the judge or tribunal in the second, will have him by desictid of his demand.

3. The unjustified inappearance of the defendant shall not prevent the conclusion of the acts of conciliation and judgment, continuing without the need to declare their rebellion.

Article 84. Conclusion of the conciliation act.

1. The judicial secretary will seek conciliation, carrying out the mediation work that is his own, and will warn the parties of the rights and obligations that may correspond to them. If the parties reach the compromise, he will dictate decree approving it and agreeing, in addition, the file of the actions. Similarly, it will be up to the judicial secretary to approve the agreement reached by the parties before the day indicated for the acts of conciliation and trial. The conciliation and the approval, oral or written resolution, shall be documented in the act of appearance.

The reconciliation reached before the judicial secretary and the agreements reached between the parties approved by the court will have, for all legal purposes, the consideration of judicial conciliation.

2. If the judicial secretary considers that the agreement is a serious injury to one of the parties or to third parties, of fraud of law or of abuse of law or contrary to the public interest, he shall not approve the agreement, warning the parties that they must appear in the presence of a judicial presence for the event of the trial.

3. If there is no agreement before the judicial secretary and the trial is to be held, the consent of the conciliatory agreement which, if any, the parties at the time may be reached shall be the responsibility of the judge or tribunal to which the obtained by oral or written resolution documented in the agreement itself. Only new intervention by the judicial secretary will be approved by approving an agreement between the parties if the act of the trial is to be suspended for any reason.

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

5. The conciliation and the agreements between the parties approved by the judicial secretary or, where appropriate, by the judge or tribunal shall be carried out by the formalities of the execution of judgments.

6. The action to challenge the validity of the conciliation will be exercised before the same court or tribunal to which the suit would have been filed, by the formalities and with the resources established in this Law. The action shall expire 30 days from the date of its conclusion. For the third parties, the time limit will count since they could have known the agreement. The parties may exercise the nullity action for the reasons which invalidate the contracts and the challenge for potential third parties may be based on illegality or lesivity.

Article 85. Conclusion of the trial.

1. If there is no compromise in conciliation, then the trial will be followed and the action will be taken.

Prior to the decision, the parties shall be informed, in an oral and oral manner, on any prior questions that may be raised in that act, as well as on the resources or other outstanding issues of resolution, without prejudice to the of the subsequent succinct substantiation in the judgment, where appropriate. The parties shall also be heard and, where appropriate, shall be settled, in a reasoned and oral manner, on the matters which the judge or tribunal may raise at that time on its jurisdiction, the budgets of the application or the scope and limits of the claim made, respecting the procedural guarantees of the parties and without prejudicing the substance of the case.

The plaintiff will then ratify or expand its claim, although in no case will it be able to make substantial variation in it.

2. The defendant shall reply by stating or in particular denying the facts of the application, and on the basis of any exceptions it considers to be made.

3. It may only make counter-claims where it has announced it in the conciliation prior to the proceedings or in the defence of the prior complaint or judgment which runs the administrative route, and has in essence expressed the facts on which it is founded and the request in which it is made. The counter-claim shall not be admissible if the court is not competent, if the action to be taken in a different procedural mode and the action is not cumulative, and where there is no connection between its claims and those which are the subject of of the main demand.

It will not be necessary to counterclaim to claim compensation of debts, provided that they are due and enforceable and no pretense of reconventional conviction is formulated, and in general when the defendant wields a claim that he only to be cleared of the claim or form of order sought by the main application, being sufficient to be satisfied in the defence of the claim. If the precise obligation to determine the judicial decision is not to be settled in advance of the judgment, it will be necessary to express in particular the facts underlying the exception and the manner of settlement of the debt, as well as having announced the same in the prior conciliation or mediation, or in the complaint or resolution that deplete the administrative route. The counterclaim shall be made to the other parties for its defence in the terms laid down for the application. The same transfer procedure shall be agreed to provide a response to the procedural exceptions, if they are alleged.

4. The parties shall use the word as many times as the judge or tribunal deems necessary.

5. Furthermore, in this act, the parties may plead as soon as they deem appropriate within the meaning of Article 191 (3) (b) by offering, for the appropriate time, the evidence necessary to substantiate their claims. allegations. 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.

6. If procedural questions are not raised or if, if the parties or their advocates have been challenged, the parties or their advocates shall determine the facts on which the litigants are in conformity or disconformity, if necessary in the case of act or, where appropriate, by diligence, succinct reference to those essential elements which are in conformity, for the purposes of further appeal. The parties may also provide the parties with brief notes for the calculation or summary of numerical data.

7. In the case of a total or partial raid, the court, hearing the other parties, shall approve of the prohibition of rights, fraud of law or prejudice to third parties, or to be contrary to the public interest, by means of a resolution which may be given orally. If the search is complete, a sentence of conviction shall be given in accordance with the claims of the actor. Where the break-in is partial, a self-approval may be issued, which may be effected by the formalities of the partial final execution, provided that by the nature of the order sought, a statement of reasons is possible. which does not prejudge the remaining non-raided issues, in respect of which the act of judgment will continue.

8. The judge or tribunal, once the evidence has been carried out and before the conclusions, unless there is any opposition from either party, may give rise to the possibility of reaching an agreement and not to be reached at that time the conclusion of the agreement shall be continued. of the judgment.

Article 86. Criminal and social prejudiciality.

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, shall continue the act of judgment until the end, and in the event that the judge or tribunal considers that the document may be decisive in resolving the substance of the case, it shall agree to the suspension of subsequent proceedings and grant an eight-day time limit to the person concerned to provide the document stating that the quercella. 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 tribunal by either party.

3. If any other question referred for a preliminary ruling gave 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 Chamber of the Social regulated review in the Civil Procedure Act.

4. The processing of another procedure before the social order shall not give rise to the suspension of the process except in the cases provided for in this Law, without prejudice to the effects of the legislation on the part of the process. procedural situation. However, at the request of both parties, the procedure may be suspended until a final decision has been taken in a different procedure, where the main object of the first process is to be resolved.

Article 87. Practice of proof in the act of judgment.

1. Evidence to be given and may be carried out on the spot shall be admissible in respect of the facts on which there is no conformity except in cases where the subject matter of the proceedings is outside the power of disposal of the litigants, the parties are useful and directly relevant to the subject matter of the judgment and to the arguments or grounds of opposition previously expressed by the parties in the process of ratification or defence of the application. Those requiring the translation of the judge or tribunal 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 judge or tribunal shall rule on the relevance of the evidence proposed and shall determine the nature and class of evidence of each of them as provided for in Article 299 of the Law on Civil Procedure and in this Law. It shall also decide on any further steps to be taken or to warn of the evidence admitted and questions which may be asked by the parties.

The proposing party may record its protest at the act against the inadmissibility of any means of proof, diligence or question, the question or the test requested, the decision rejecting, being entered in the minutes. reasoned grounds for refusal and protest, all for the purposes of the corresponding action against the judgment.

Once the practice of an admitted test has been started, if the party that proposed it is waived, the judicial body may, without further appeal, agree to continue.

3. The judicial body may ask the parties, the experts and witnesses, the questions it deems necessary for the clarification of the facts. Litigants and advocates may exercise the same right.

The judge or tribunal, without deviating from the claims and the cause of asking to express the parties in the complaint and answer, may submit to the parties for arguments during the trial how many questions should be resolved ex officio or they result from the applicable legal basis, even if it had been submitted in an incomplete or incorrect manner. It may also request arguments on the possible pronouncements which, by legal mandate, or by connection or consequence, necessarily result from the form of order sought by the parties. If the act of judgment has been concluded, the hearing in this respect shall be held for the common period of three days, by means of written arguments and preferably by means of a computer or telematic, following the processing of paragraph 6 of this Article. same article.

4. The evidence, the parties or their advocates or representatives, where appropriate, shall be orally formulated by the parties or their advocates in a precise and precise manner, determining by virtue of the outcome of the test, in a liquid manner and without altering the points fundamental and the reasons for asking, if any, in the application or counterclaim, the quantities which, by any concept, are the subject of a request for a principal or subsidiary conviction; or, where appropriate, the specific application shall be made and the measures with which the claim exercised can be satisfied. If the parties do not do so in this process, the judge or tribunal 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.

6. If the documentary evidence or the expert's evidence is of extraordinary volume or complexity, the court or tribunal may grant the parties the possibility of concluding additional conclusions in writing and preferably by telematic means, concerning the particulars which it indicates, in relation to those elements of proof only, within three days of the following, justifying having made prior reference to the other parties in the same means. During the period referred to above, the documents or documents shall be made available to the parties in the judicial office and after the date, whether or not they have been submitted, the time limit for the sentencing shall be initiated.

Article 88. Final proceedings.

1. If the judgment is terminated, the judge or tribunal may, within the time limit for giving judgment, agree to the practice of all the evidence deemed necessary, as final proceedings, with intervention by the parties and in the form laid down for the evidence of their class. In the same providence, the time limit within which the test is to be performed shall be fixed, which shall not exceed 20 days, or shall be indicated for the practice of the test and assessment by the parties to the result. If no evidence has been made, the result of the final diligence shall be made manifest for three days to the parties in the judicial office for claims on their scope and importance, unless the telematic transfer to the parties is possible. for the same purpose and for the same time.

2. After the initial period of practice has failed to take effect, the court will provide a new provision, setting a new deadline of no more than ten days for the implementation of the agreement and providing for timely communications. If the test, the judge or tribunal, after hearing from the parties, has not been able to practice the test, it shall be agreed that the orders are definitively concluded for judgment.

3. If the diligence consists in the questioning of part or in the contribution of any document by any of the parties and the party does not appear or does not present it without justified cause within the time limit, the arguments made may be estimated by the opposing party in relation to the agreed test.

Article 89. Documentation of the act of judgment.

1. The conduct of the sessions of the oral trial shall be recorded in support suitable for the recording and reproduction of the sound and of the image. The Registrar shall keep the electronic document that serves as a support for the recording. The parties may request copies of the original recordings at their expense.

2. Whenever the necessary technological means are available, the judicial secretary shall ensure the authenticity and integrity of the engraving or reproduced by the use of the recognised electronic signature or other security system as the law offers such guarantees. In this case, the event shall not require the presence in the room of the judicial secretary unless the parties have requested it, at least two days before the hearing is held, or the parties may exceptionally consider it necessary to hold the hearing. The Court of Justice, having regard to the complexity of the case, the number and nature of the tests to be carried out, the number of interveners, the possibility of incidents which could not be registered, or the concurrency of other equally exceptional circumstances to justify it, of course in which the judicial secretary extend succinct minutes in the terms provided for in the following paragraph.

3. If the guarantee mechanisms provided for in the preceding paragraph are not to be used, the judicial secretary shall record at least the following particulars: place and date of conclusion, judge or tribunal presiding over the act, petitions and proposals of the parties, means of proof proposed by them, declaration of their relevance or impertinence, decisions taken by the judge or tribunal, as well as the circumstances and incidents which cannot be recorded on that support.

4. Where the means of registration provided for in this Article cannot be used for any reason, the Registrar shall draw up the minutes of each session, in which it shall be stated:

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

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. A sufficient summary of party and witness questioning.

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 challenges of the experts.

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.

5. The minutes provided for in paragraphs 3 and 4 of this Article shall be made out by computer procedures, without being able to be handwritten more than on the occasions where the room or the place where the action is being held computer. The Registrar shall decide, without further appeal, any comments made on the content of the minutes. The minutes shall be signed by the judge or tribunal in union of the parties or their representatives or defenders and of the experts, stating if any of them does not sign for not being able, unwilling to do so or not to be present, first of all secretary.

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

7. The accreditation of the identity of the parties and their procedural representation shall be carried out before the judicial secretary at the appearance of conciliation, or if not mandatory, by means of diligence.

Section 3. Of the tests

Article 90. Eligibility of the test media.

1. The parties may, on the basis of the usefulness and relevance of the proposed measures, be able to use as many means of evidence as are regulated in the law in order to prove the facts at issue or in need of proof, including procedures for the reproduction of the word, image and sound or file and reproduction of data, which must be provided by appropriate means of support and making available to the court the means necessary for its Reproduction and subsequent constancy in cars.

2. Evidence of their origin or which has been obtained, directly or indirectly, by means of procedures involving violation of fundamental rights or public freedoms shall not be admissible. This question may be raised by either party or on its own initiative by the court at the time of the proposal of the test, unless it is made clear during the practice of the test once it has been accepted. To this end, the parties shall be heard and, where appropriate, the proceedings which may be carried out in the event on this extreme particular shall be carried out, using final measures only where it is strictly necessary and the question appears well founded. Against the judgment given on the relevance of the practice of the test and in its case of the union to the cars of its result or of the material element that incorporates the same, only goat replacement resource, that will be interposed, will be transferred to the other parties and shall be settled orally in the same act of judgment or appearance, with the exception of the right of the parties to reproduce the challenge of the unlawful evidence in the appeal which, if appropriate, shall proceed against the judgment.

3. They may also request, at least five days before the date of the judgment, those tests which, having to be carried out in the judgment, require a summons or a request, except where the statement is to be made with minor notice, in which case the time limit shall be three days.

4. Where access to documents or files, in any form of support, which may affect personal privacy or other fundamental right, the judge or tribunal is necessary for the purposes of the process, provided that there is no alternative means of proof, may authorise such action, by order, subject to the weighting of the interests concerned, by means of a proportionality judgment and with the minimum slaughter, determining the conditions of access, guarantees of conservation and contribution to the process, obtaining and delivering copies and intervention by the parties or their representatives and experts, in their case.

5. Similarly, where the consent of the affected person is not given, the appropriate guarantee measures may be taken when the issue of a medical or psychological expert opinion requires the submission of clinical examinations, samples or collection of samples. of relevant personal data, subject to confidentiality and exclusive procedural use, being able to accompany the person of specialist of his choice and providing him with a copy of the result.

It will not be necessary for judicial authorization if the action is required by the rules of prevention of occupational risks, by the management or collaboration in the management of the Social Security, by the specific professional regulations applicable or by law or standard applicable in the field.

6. If, as a result of the above measures, unnecessary data, other than the purposes of the process, were obtained, or which could have an unjustified or disproportionate effect on fundamental rights or public freedoms, the necessary to preserve and adequately and sufficiently ensure the interests and rights that may be affected.

7. In the event of an unjustified refusal by the person concerned to carry out the proceedings agreed by the court, the interested party may request the adoption of the measures which may be taken, and may also be assessed in the judgment of that conduct in order to have for proven the facts which it was intended to prove through the practice of such evidence, as well as for the purposes of appraising recklessness or bad procedural faith.

Article 91. Cross-examination of the parties.

1. Questions for the party interrogation test will be proposed verbally, without the admission of pleadings.

2. If the call for questioning does not appear without reason to the first summons, refuse to declare or persist in not responding positively or negatively, in spite of the warning that has been made, they may be considered recognized as certain in the judgment the facts to which the questions refer, provided that the interrogators had intervened in them personally and their fixation as certain would be detrimental to all or in part.

3. The questioning of private legal persons will be practiced with those who legally represent them and have the power to respond to such interrogation. If the representative on trial has not intervened in the facts, the person who is directly aware of them must be brought to trial. To this end, the interested party may propose the person to be subjected to the interrogation duly justifying the need for such personal interrogation.

4. Where the examination of natural persons does not relate to personal facts, it shall be accepted that it is answered in whole or in part by a third party who is personally aware of the facts, provided that the third party is at the disposal of the judge or court at that time, if the party so requests and accepts responsibility for the declaration.

5. The statement of the persons who have acted in the litigious facts on behalf of the employer, when he is a private legal person, under the responsibility of the employer, as administrators, managers or managers, may only be agreed within the questioning of the party on whose behalf they have acted and as personal connoisseurs of the facts, in place of substitution or as a complement to the questioning of the legal representative, except that, depending on the nature of his intervention in the facts and position within the business structure, for not already providing services in the or to avoid defensiveness, the judge or tribunal will agree to your statement as witnesses. The aforementioned preventions must be expressly advised when the summons for the questioning in judgment is made.

6. In the case of interrogation to Administrations or public entities, the provisions of Article 315 of the Law on Civil Procedure shall be provided.

Article 92. Questioning of witnesses.

1. No written questions and questions will be allowed for the witness interrogation test. Where the number of witnesses is excessive and, at the discretion of the judicial body, its manifestations may constitute futile reiteration of the testimony on sufficiently clarified facts, it may be limited to 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.

3. By way of derogation from the foregoing paragraph, the declaration as witnesses of persons connected with the employer, worker or beneficiary, by relationship of relationship or analogous relationship of affectivity, or with possible real interest in the defence of business decisions in which they have participated or may have similar proceedings against the same employer or against workers in the same situation, may only be proposed when their testimony is of direct and direct use and not other means of proof are available, with the warning to them, in any case, that they Circumstances shall not be an impediment to the responsibilities of your declaration.

Article 93. Expert test.

1. The practice of the expert test will be carried out in the event of the trial, presenting the experts its report and ratifying it. It shall not be necessary to ratify the reports, the action taken on files and other administrative documents, the contribution of which is required in accordance with the procedural arrangements in question.

2. The judicial body, 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 in the light of the particular circumstances of the case, the required specialty and the need to of his speech, in the light of the acknowledgements and reports that will be previously recorded in the proceedings.

Article 94. Documentary proof.

1. From the documentary evidence provided, which must be properly presented, ordered and numbered, the parties will be transferred to the trial, for examination.

2. Documents and other means of obtaining certainty about relevant facts that are held by the parties shall be brought to the proceedings if they have been proposed as a means of proof by the contrary and admitted by the judge or tribunal or where the latter has required his/her contribution. 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.

Article 95. Expert reports.

1. The judge or tribunal may, if it 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 trial or, if it is terminated, as final diligence.

2. Where the interpretation of a collective agreement is discussed in a process, the court or tribunal may hear or obtain a report from the joint committee.

3. Where a question of discrimination on grounds of sex, sexual orientation, racial or ethnic origin, religion or belief, disability, age or harassment has been raised in the proceedings, the judge or tribunal may seek the opinion of the bodies. competent public.

4. In proceedings arising from accidents at work and occupational disease, the judicial body may, if it considers it appropriate, obtain a report from the Labour and Social Security Inspectorate and the public bodies responsible for prevention and occupational health, as well as legally empowered entities and institutions.

5. Where, on facts relevant to the process, it is relevant to inform legal persons and public entities as such, to refer to those facts for their activity, without the need or need to individualise certain natural persons the knowledge of what is of interest to the process, the party to whom this test is appropriate may propose that the legal person or entity, at the request of the court, answer in writing about the facts in the ten days before the trial. Such a report shall be submitted up to the moment of the act of judgment, without prior transfer to the parties and without prejudice to the conclusion of the extension of the proceedings.

Article 96. Burden of proof in cases of discrimination and accidents at work.

1. In those proceedings in which the claims of the acting party lead to the existence of prima facie evidence of discrimination on grounds of sex, sexual orientation or identity, racial or ethnic origin, religion or belief, disability, age, harassment and in any other alleged infringement of a fundamental right or public liberty, the defendant shall be liable for the provision of an objective and reasonable justification, sufficiently proven, of the measures taken and of his or her proportionality.

2. In the process of responsibilities arising from accidents at work and occupational diseases it will be up to the security debtors and the concurrent in the production of the result to prove the adoption of the necessary measures for prevent or avoid risk, as well as any exclusionary or minorative factors of your responsibility. The fault of the worker or the person who responds to the usual exercise of the work or the confidence which he or she inspires cannot be assessed as an element exonerating the responsibility.

Section 4. Sentence

Article 97. The form of the statement.

1. The judge or tribunal 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. In addition, and appreciating the elements of conviction, it shall expressly declare the facts it considers to be proven, making reference in the grounds of the right to the reasoning which has led it to this conclusion, in particular where it does not include the statements of facts recorded in public document contributed to the process backed by a legal presumption of certainty. 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 in fear, and who did not attend the conciliation act unjustifiably, a pecuniary penalty within the limits set out in Article 75 (4). In such cases, and where the sentenced person is the employer, he must also pay the fees of the lawyers and social graduates of the opposite party who have intervened, up to the limit of EUR 600.

The imposition of the above measures shall be made at the request of either party or office, after hearing in the act of the view of the parties. If the possibility of such a pronouncement is considered ex officio after the act of judgment has been concluded, the parties shall be granted a two-day term in order to enable them to make written submissions. In the event of a failure to appear at the conciliation or mediation proceedings, including conciliation before the judicial secretary, without justification, the measures provided for in Article 66 (3) shall be applied by the judge or tribunal.

4. The text of the judgment shall indicate whether or not the same is firm and, where appropriate, the resources to which it comes, the body to which it is to be brought and the time limit and the requirements for it, and the deposits and appropriations necessary and how to make them.

Article 98. Principle of inmediation.

1. If the judge who presided over the act of the trial cannot deliver a sentence, it must be held again.

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

Article 99. Prohibition of liquidation reserves.

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

However, where benefits or periodic amounts are claimed, the judgment may include the conviction to satisfy those amounts that are due after the time it is given.

Article 100. Salaries for assistance to procedural acts.

The employer will be obliged to pay the claimant who has personally appeared, the amount of the salaries corresponding to the time needed for the assistance to the acts of conciliation and trial and any judicial appearance, as well as to the conciliation or prior mediation where appropriate, except where it is mandatory to provide representation under Article 19 of this Law and is not required for personal assistance, or where it has been declared that the bad faith or with temerity.

Section 5

Article 101. Order for payment.

In complaints against employers who are not in a competitive position, referring to amounts due, payable and of a certain amount, arising from their employment relationship, excluding claims of a character collective that could be formulated by the representation of the workers, as well as those that are brought against the managing entities or collaborators of the Social Security, that do not exceed six thousand euros, when the possibility of their notification by the procedures provided for in Articles 56 and 57 of this Law, the worker may formulate your claim as follows:

(a) The order for payment procedure shall begin at the initial request, in which the full and precise identity of the debtor, tax identification data, full address and other location data shall be expressed, and in his case communication, by computer and telephone, both the complainant and the defendant, as well as the details and breakdown of the specific concepts, amounts and periods claimed. A copy of the contract, salary receipts, business communication or debt recognition, certificate or listing document or working life report, or other similar documents resulting from a principle of proof of the contract, must be accompanied. the employment relationship and the amount of the debt, as well as supporting documentation of having attempted the previous conciliation or mediation where they are due. The application shall be submitted, preferably by computer, to be available, and may be extended in the form or form to be provided for this purpose.

(b) The Registrar shall proceed to the verification of the above requirements, completing, where appropriate, those indicated in the application with other addresses, identification data or affecting the business situation, using to that end the means available to the court, and shall grant a four-day remedy for any defect which I shall appreciate, unless they are insubsable. In the event of the assessment of insubsainable defects, or of not being remedied in time, the appraising shall be given to the judge to decide on the admission or inadmissibility of the request.

If the petition is admissible, it will require the employer to pay the worker within ten days, by crediting him to the court, or to appear before the court and to submit, in writing of the opposition, the reasons for the which, in its opinion, must not, in whole or in part, the amount claimed, with a warning that of not paying the amount claimed or appearing on the grounds of the refusal to pay, will be issued execution against it. This requirement may not be practiced by edicts.

The requirement will be transferred for the same time to the Salarial Guarantee Fund, which will be extended for another ten days, if you manifest that you need to make inquiries about the facts of the application, in particular on business solvency.

(c) After the period given in the requirement, the total amount shall be filed, after delivery of the amount to the applicant.

If there has not been a written and motivated opposition of the businessman or the Salarial Guarantee Fund in that time, the judicial secretary will dictate the order to terminate the order for payment and transfer to the The applicant shall be required to provide the office with the request. From the date of this decree, the procedural interest of Article 251 (2) of this Law shall be established. Against the order of delivery of the execution, containing the general order of execution, the opposition shall proceed as provided for in Article 239 (4) of this Law and the failure to notify the order may be alleged to this effect. Against the order of the opposition, the opposition shall not be pleading.

(d) In the event of insolvency or subsequent competition, the order for delivery of the execution shall serve as a sufficient title for the purposes of the wage guarantee as appropriate in accordance with the original nature of the debt; while it shall not be effective res judicata, even if it excludes further litigation between employer and employee with the same object and without prejudice to the determination of the salary or compensation nature of the debt and other requirements in the appropriate administrative file to the guarantee institution, if any.

(e) If opposition is made within the period and the form expressed in (b) above, the action shall be taken to the acting party, which may, within four days, present to the Court of the Social Court a complaint in the form of prevention in the same article, in which case the subsequent statement of the acts of conciliation and judgment shall be followed in the ordinarily intended form, failing which the proceedings are to be taken.

f) If it has not been possible to notify in the required form the order of payment will be made to transfer to the actor in order to present in the same period, if to his right interest, following the same procedure previous.

(g) If opposition is made only in respect of part of the amount claimed, the claimant may request the court to order the claim in respect of the amounts recognised or uncontested. This order shall serve as an enforcement order, which the applicant may request by simple writing without waiting for the decision to be taken in respect of the quantities at issue.

TITLE II

Of the procedural modes

CHAPTER I

General disposition

Article 102. Procedural modalities.

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

2. The procedure shall be given in accordance with the procedural mode set out in the application. However, if at any time since the filing of the application the failure of the procedure followed, the matter shall be dealt with in accordance with the nature of the claims exercised, without any binding necessary to the modality chosen by the parties and, where appropriate, to complete the formalities which they have obtained in accordance with the appropriate procedural arrangements, with the application of the system of resources corresponding to it. The process or acquittal shall not be dismissed in the case by reason of the inadequacy of the procedural mode, except where it is not possible to complete the processing followed up to that moment or when the acting party persists in the procedure inadequate procedural.

3. The actions of the economically dependent self-employed worker whose knowledge corresponds to the social order shall be exercised through the ordinary process or the appropriate procedural mode to the nature of the claims made, within the the limitation period or time limit laid down in his case for the same or resulting from the applicable procedural mode, and failing that, the limitation period of one year shall be governed by the time limit for the exercise of the prescribed period.

CHAPTER II

Of layoffs and sanctions

Section 1. Disciplinary Dismissal

Article 103. Filing of the demand for dismissal.

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 and shall not be counted on Saturdays, Sundays and public holidays at the seat of the court.

2. If a conciliation ballot or request for mediation, prior complaint or dismissal is promoted against a person to whom the quality of the employer has been wrongly attributed, and has been established subsequently, either in the judgment or in the another prior moment of the proceedings, which was a third, the worker may promote a new claim against the worker, or extend the claim if the judgment has not been held, without the calculation of the expiry date starting until the moment on which it is established who is the entrepreneur.

3. The rules of this Chapter shall apply to the challenge of the business decisions on termination of contract with the necessary specialities, without prejudice to the provisions of Article 120 and the substantive consequences of each type of contract extinction.

Article 104. Demand requirements for dismissal.

Redundancy claims, in addition to the expected general requirements, must contain the following:

(a) Antiquity, specifying the periods in which the services have been provided; professional category; salary, time and form of payment; place of work; modality and duration of the contract; day; professional category; particular characteristics, if any, of the work being carried out before the dismissal took place.

b) Date of effectiveness of the dismissal, the manner in which it occurred and the facts alleged by the employer, accompanying the communication received, where appropriate, or making sufficient mention of its contents.

(c) If the worker holds, or has held in the year before the dismissal, the quality of the legal or union representative of the workers, as well as any other relevant circumstance for the declaration of invalidity or The source or the ownership of the derived option, if any.

(d) If the worker is affiliated with a trade 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.

Article 105. Position of the parties.

1. It has been confirmed, where appropriate, in the case, both in the case of the allegations and in the practice of the test, and in the conclusions stage it will be for the defendant to state his positions in the first place. 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.

3. Recognition of the absence of the dismissal, made in the letter of dismissal or at any later time, pursuant to Article 56 (2) of the Staff Regulations, is binding on the employer, who may not alter this qualification. or the amount recognised except in the form of calculation or in-form material error. If a non-substantial or excusable error of the employer is assessed in respect of the amount due as compensation and, where applicable, processing wages, the judgment shall declare the failure to be dismissed and shall be limited to the conviction of the the employer to pay the difference between the paid or the deposit and the amount corresponding to the other effects of Article 56 (2) of the Staff Regulations. Where the difference in the amount paid or entered is liable to a substantial or inexcusable error, the judgment shall condemn the employer to the right to take back or pay compensation in the amount which is declared to be paid on the basis of wages (a) to be charged under Article 56 (1) of the Staff Regulations. The perception by the employee of the amount offered by the employer or the withdrawal of the amount entered in his favour does not prevent him from challenging the contractual termination.

Article 106. Process guarantees.

1. In the cases referred to in Article 32 (1), the guarantees which, in respect of the arguments, evidence and conclusions, are established for the disciplinary dismissal process shall be respected.

2. In the dismissals of company committee members, staff delegates or trade union delegates, the legally required contradictory file shall be provided by the defendant.

Article 107. Proven facts.

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

(a) Antiquity, specifying the periods in which the services have been provided; professional category; salary, time and form of payment; place of work; modality and duration of the contract; working day; special characteristics, if any of the work being done before the dismissal took place.

b) Date and form of dismissal, causes invoked for the same, if any, and facts credited in relation to such causes.

(c) If the worker holds or has held in the year prior to dismissal, the status of a staff delegate, member of the business committee or trade union delegate, as well as any other relevant circumstances for the declaration of nullity or impropriety or for the ownership of the derived option, if any.

Article 108. Qualification of dismissal by the sentence.

1. In the ruling of the judgment, the judge will qualify the dismissal as coming, improper or void.

It will be qualified as appropriate when the non-compliance claimed by the employer in the communication is credited. Otherwise, or in the event that the requirements laid down in Article 55 (1) of the recast text of the Law on the Workers ' Statute have been breached, it shall be qualified as inadmissible.

In the event of dismissal for failure to appreciate that the facts accredited would have been sufficiently serious, but constitute an infringement of a lesser entity according to the rules alleged by the parties, the judge may authorize the imposition of a penalty appropriate to the seriousness of the fault, of not having prescribed it of less gravity before the business imposition of the penalty of dismissal; sanction which the employer may impose within the expiry period of the ten days following the determination of the judgment, after taking back the worker and provided that the worker is done in due form. The business decision shall be reviewable at the request of the worker, within the period of the same expiry, of the 20 days following its notification, by means of an incident of execution of the dismissal judgment, in accordance with Article 238.

2. It shall be null and void for any dismissal that has as a motive any of the causes of discrimination provided for in the Constitution and in the law, or occurs with violation of fundamental rights and public freedoms of the worker.

The dismissal will also be null in the following assumptions:

(a) Workers during the period of suspension of the contract of maternity work, risk during pregnancy, risk during natural lactation, diseases caused by pregnancy, childbirth or natural lactation, adoption or acceptance or paternity referred to in Article 45 (1) (d) of the recast of the Act of the Staff Regulations, or the notification on such date as the period of notice granted is completed within that period. period.

(b) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in point (a), and that of workers who have applied for one of the permits to which they are referred to in Article 37 (4), (4a) and (5) of the recast text of the Law on the Staff Regulations, or are enjoying them, or have applied for or are enjoying the excess provided for in Article 46 (3) thereof. Law; and that of female victims of gender-based violence for the exercise of the rights of reduction or reordering of their working time, geographical mobility, change of work centre or suspension of the employment relationship in the terms and conditions recognised in the Staff Regulations.

(c) Workers after having rejoined the work at the end of the periods of suspension of the maternity, adoption or reception or paternity contract, provided that no more than nine months have elapsed since the date of birth, adoption or reception of the child.

The provisions of the preceding letters shall apply, except where, in such cases, the origin of the dismissal is declared for reasons not related to pregnancy or to the exercise of the right to leave and leave. indicated.

3. If the mobile of the dismissal is credited with any of the causes of the previous number, the judge will rule on it, regardless of what form it has been.

Article 109. Effects of dismissal from.

If the termination of the contract is deemed to be validated, the termination of the contract that he produced shall be validated, without the right to compensation or to the salary of the processing.

Article 110. Effects of improper dismissal.

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 (1) (a) of the recast text of the Law on the Law of the Workers ' Statute, with the following particularities:

(a) The sentence shall also include the payment of the quantity referred to in Article 56 (1) (b) of the recast of the Law on the Staff Regulations, with the limitations, if any, provided for by the paragraph 2 of that Article and without prejudice to Article 57 of the same Law.

(b) In the act of judgment, the holder of the option between readmission or compensation may anticipate his/her choice, in the case of a declaration of origin, by means of an express manifestation in that regard, on which he/she shall act. the judge in the judgment, without prejudice to the provisions of Articles 111 and 112.

(c) At the request of the applicant, if the readmission is not to be made, it may be agreed, in the event of the dismissal, to have the option for compensation in the judgment, declaring the relationship in the judgment itself and in order to condemn the employer to pay the severance pay, calculated up to the date of the judgment, and the processing salaries, when they come, up to that date.

(d) In the case of redundancies imposed on workers whose employment relationship is of special character, the amount of compensation shall be that laid down, where appropriate, by the rule governing that special 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 office of the Social Court within a period of five days from the notification of the judgment declaring the wrongful dismissal, without waiting for the firm's firmness, if out of the instance.

4. Where the dismissal was declared inappropriate for failure to comply with the requirements laid down and the readmission chosen, a further dismissal may be made within seven days of the notification of the judgment. Such dismissal shall not constitute a cure for the primitive act of extinction, but a new dismissal, which shall have effect from its date.

Article 111. Effects of the appeal against the judgment of the dismissal of the dismissal.

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 a readmission has been chosen, whichever is the case, the appellant shall take effect on a provisional basis in accordance with the terms laid down in Article 297.

(b) Where the employer's choice would have been for the compensation, both in the case that the appeal is brought by the employer and by the worker, neither the readmission nor the payment of wages will be paid while the The Court of Justice 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, of the Royal Decree Legislative 1/1994 of 20 June.

If the judgment which resolves the action brought by the worker raises the amount of the compensation, the employer may, within five days of the date of his notification, change the meaning of his or her choice and, in The readmission shall, of course, take back its economic effects on the date on which the first election took place, by deducting from the amounts which, for that purpose, are paid which, where appropriate, the worker would have received as a benefit for unemployment. The said amount, as well as the amount corresponding to the business contribution to the Social Security by that worker, shall be paid by the employer to the managing entity.

For the purposes of recognition of a future right to unemployment protection, the period referred to in the preceding paragraph shall be deemed to be a listed occupation.

2. Whatever the meaning of the option exercised, the latter shall be held if the higher 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.

Article 112. Effects of the appeal against the judgment of the dismissal of a legal or trade union representative of the employees.

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

(a) Where the worker has opted for readmission, whatever part of his or her use, Article 297 shall apply.

(b) If the worker and the employer are employed, the compensation shall not be taken back or the payment of wages paid while the appeal is pending, but during the application of the Workers shall be deemed to be in legal status for involuntary unemployment. If the judgment in the action brought by the employer decreases the amount of the compensation, the worker may, within five days of the date of his notification, change the meaning of his or her choice and, in that case, the Readmission shall be brought back to its economic effects on the date on which the first election took place, by deducting from the amounts which, in this case, would have been paid by the worker in respect of unemployment benefit. The said amount, as well as the amount corresponding to the business contribution to the Social Security by that worker, shall be paid by the employer to the managing entity.

For the purposes of recognition of a future right to unemployment protection, the period referred to in the preceding paragraph shall be deemed to be a listed occupation.

2. Whatever the meaning of the option exercised, the latter shall be held if the higher 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.

Article 113. Effects of the declaration of invalidity of dismissal.

If the dismissal is declared null and void it will be condemned to the immediate readmission of the worker with payment of the wages left to perceive. The judgment shall be executed on a provisional basis in accordance with the terms laid down in Article 297, whether or not it is under appeal by the employer or by the worker.

Section 2. Sanctions Impeachment Process

Article 114. Impeachment of sanctions.

1. The worker may challenge the penalty imposed on him by application, which shall be submitted within the time limit referred to in Article 103.

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 is for the employer to prove the reality of the facts imputed to the worker, and his entity, without any other reasons for opposition to the claim being allowed than those 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.

Article 115. The contents of the statement.

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

(a) To confirm the sanction, where compliance with the requirements of form and the reality of the non-compliance attributed to the worker has been established, as well as its entity, valued according to the graduation of faults and penalties provided for in the legal provisions or in the applicable collective agreement.

(b) To disclose it in full, where the facts of the facts imputed to the worker or the latter are not proven to be necessary, by condemning the employer to the payment of the wages which had ceased to be paid in compliance with the sanction.

(c) Revocarla in part, with similar pronouncement of economic conviction for the period of excess in its case, where the misconduct has not been adequately qualified, but the facts constitute infraction of a lesser entity according to the rules alleged by the parties, that they have not prescribed the absence of a minor seriousness before the imposition of the most serious sanction. In this case, the judge may authorise the imposition, within the period of expiry of the ten days following notification of a final judgment, of a sanction appropriate to the seriousness of the fault, and the business decision shall be reviewable at the request of the within the same period of expiry of the 20 days following its notification, by means of the incident of execution of that judgment provided for in Article 238.

d) declare it null, if it has been imposed without observing the formal, legal, contractual or contractually established requirements, or where they present defects of such gravity that they do not permit the attainment of the purpose for which were required, as well as when they have as a motive any of the causes of discrimination provided for in the Constitution and in the law, or occur with violation of fundamental rights and public freedoms of the worker, including, if applicable, other cases in which the declaration of invalidity of the dismissal in paragraph 2 of the Article 108. The penalty shall also be void where it consists of any of the legally prohibited or is not typified in the legal provisions or the applicable collective agreement.

2. For the purposes of the above paragraph, the penalties imposed on the legal representatives of workers or trade union delegates for serious or very serious misconduct shall be null and void without the prior hearing of the remaining members of the trade union. the representation to which the worker belongs as well as to the workers affiliated to a trade union, without giving an audience to the trade union delegates.

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

Article 116. Claim for payment of processing salaries.

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 previous paragraph, which would not have been paid by him.

Article 117. Requirement of prior administrative claim.

1. In order to sue the State for processing salaries, it will be a prerequisite to have claimed on the administrative basis in the form and time limits established, against whose refusal the employer or, if applicable, the worker, may 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.

3. The limitation period for this action is that provided for in Article 59 (2) of the Recast Text of the Law on the Workers ' Statute, the calculation of which is initiated, in the case of a complaint made by the employer, from the moment in which the latter suffers the loss of assets caused by the payment of the processing wages and, in the event of a claim by the worker, from the date of notification to the same of the court of justice which has declared the insolvency of the employer.

Article 118. Celebration of the act of judgment.

1. The judicial secretary will indicate the day for the trial in the following five, citing the effect of the worker, the businessman, and the state attorney, without suspending the procedure so that the latter can raise the Directorate-General of the State Legal Service.

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.

Article 119. Time computation.

1. For the purpose of calculating time exceeding the 60 working days referred to in Article 116, 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, of the mediation or of the prior administrative claim, or for defects, omissions or inaccuracies in that one.

(b) The period in which the cars are suspended, at the request of a party, by suspension of the act of judgment in accordance with the terms of Article 83.

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 wages of 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 1. Th Extinction for objective causes

Article 120. Processing.

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

Article 121. Period for the exercise of the action. Load the test.

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.

3. Where the worker linked by the undertaking with a contract to promote indefinite recruitment claims that the use by the company of the target dismissal procedure is not in accordance with the law because the actual cause of the dismissal is disciplinary, it will be up to the burden of proof on this issue.

Article 122. Qualification of the termination of the contract.

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:

(a) Where it is discriminatory or contrary to the fundamental rights and freedoms of the worker.

(b) Where the rules laid down by collective redundancies have been circumvented in law-fraud, in the cases referred to in the last subparagraph of Article 51 (1) of the recast of the Law on the Statute of the Workers.

(c) Workers during the period of suspension of the contract for maternity work, risk during pregnancy, risk during natural lactation, diseases caused by pregnancy, childbirth or natural lactation, adoption (a) the right to a person who is a member of the European Union, or who is a member of the European Union, or who is a member of the European Union, or who is a member of the European Union, or who is a member of the European Union; period.

(d) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in point (c), and that of workers who have applied for one of the permits to which they are referred to in Article 37 (4), (4a) and (5) of the recast text of the Law on the Staff Regulations, or are enjoying them, or have applied for or are enjoying the excess provided for in Article 46 (3) thereof. Law; and that of female victims of gender-based violence for the exercise of the rights of reduction or reordering of their working time, geographical mobility, change of work centre or suspension of the employment relationship, in the terms and conditions recognised in the Staff Regulations.

(e) Workers ' after having rejoined the work at the end of the periods of suspension of the maternity, adoption or reception or paternity contract, provided that no more than nine months have elapsed since the date of birth, adoption or reception of the child.

The provisions of points (c), (d) and (e) shall apply, unless, in such cases, the origin of the late decision is declared for reasons unrelated to the pregnancy or to the exercise of the right to permits and Excess of the above.

3. The extinguishing decision shall be qualified as inadmissible where the requirements laid down in Article 53 (1) of the recast text of the Staff Regulations Act have not been complied with.

However, the non-award of the notice or the excusable error in the calculation of the compensation shall not determine the origin of the dismissal, without prejudice to the employer's obligation to pay the wages corresponding to the period or the payment of the allowance in the correct amount, irrespective of the other effects which may be obtained.

Article 123. Effects of the statement.

1. If the judgment is deemed to have been taken by the employer, the contract of employment shall be terminated, and the employer must, where appropriate, 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 once the judgment is signed.

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

Section 2. 3rd Collective Redundancies for economic, organizational, technical or production causes

Article 124. Nullity of collective extinction of contracts.

The judicial body shall declare void, of its own motion or at the request of a party, the business decision of collective extinction of contracts of employment for economic, technical, organizational or production causes, force majeure or extinction of the the legal personality of the employer, if the prior administrative authorization or the judicial authorization of the judge of the contest has not been processed, in the cases in which it is legally provided, and where the business measure is has carried out in violation of fundamental rights and public freedoms. In such cases the conviction to be imposed shall be that laid down in Article 113.

CHAPTER V

Vacations, electoral matters, geographic mobility, substantial changes in working conditions, and legal or conventionally recognized personal, family and work life reconciliation rights

Section 1. Vacation

Article 125. Holiday fixation.

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 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 one in which he became aware of that date, in order to present the suit in the Court of the Social.

(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 the provisions of Article 38 of the recast of the Law of the Workers ' Statute has been initiated, the continuation of the continuation of the process shall not be interrupted. of the procedure.

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

Article 126. Urgency of the procedure.

The procedure will be urgent and you will be given preferential treatment. The act of hearing shall be recorded by the Registrar within five days of the date on which the application is accepted. The judgment, which shall not have an appeal, shall be delivered within three days.

Section 2. Election Matter

Subsection 1. ª Impeachment of the Lawards

Article 127. Assumptions, legitimisation and deadline.

1. The arbitral awards provided for in Article 76 of the recast of the Law of the Workers ' Statute may be challenged through the process provided for in the following articles.

2. All disputes relating to the electoral process since the promotion of elections shall be subject to such arbitration, including the validity of the communication to the public office for the purpose of holding the elections, as well as all proceedings. prior to and after the establishment of the Electoral Bureau and the decisions of the Electoral Bureau, and the attribution of the results, until the entry of the minutes into the public office dependent on the administrative or labour authority.

3. The challenge may be considered by those who have a legitimate interest, including the undertaking where that interest is in that interest, within three days of their knowledge.

Article 128. The basis of the claim.

Demand can only be founded on:

(a) Indue appreciation or non-appreciation of any of the causes referred to in Article 76 (2) of the recast of the Law of the Workers ' Statute, provided that the same has been alleged by the sponsor in the course of the arbitration.

(b) The award has been resolved by the award of the award, which is not subject to the arbitration or which, if it has been, cannot be the subject of the arbitration. In such cases, the annulment shall affect only those aspects which are not subject to a decision or which are not subject to arbitration, provided that they have their own substance and do not appear indissolubly linked to the main question.

c) Promote arbitration outside the time limits stipulated in Article 76 of the Recast Text of the Workers ' Statute Act.

d) Not having granted the arbitrator to the parties the opportunity to be heard or to present evidence.

Article 129. Passive legitimization.

1. The claim shall be directed against the persons and trade unions which were parties to the arbitral proceedings, as well as to any other parties affected by the award.

2. In no case shall the business committees, staff delegates, or the electoral bureau be considered as defendants.

Article 130. Passive litisconsortium required.

If the lawsuit is examined by the judicial secretary, he believes that it may not have been directed against all those affected, he will cite the parties to appear before the judicial body, within the next day, to a preliminary hearing. in which the latter, hearing the parties on the possible situation of a necessary passive litisconsortium, will resolve on the same in the act.

Article 131. Legitimization of trade unions and employers.

In these processes they may appear as a party, where they have legitimate interest, the trade unions, the employer and the components of nominations not submitted by trade unions.

Article 132. Process specialties.

1. This process will be processed with urgency and will have the following specialties:

(a) In admitting the application, it shall be agreed to obtain from the public office the text of the arbitral award, as well as a copy of the administrative file relating to the electoral process. 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 parties and to the public office.

(c) The substantiation of this process shall not suspend the conduct of the electoral procedure, unless it is agreed by the judge, at the request of a party, on the case of a case of justification and in the form established in the Article 180.

2. Where the applicant had been the undertaking and the judge assessed that the application was intended to obstruct or delay the electoral process, the judgment in the contested claim would impose the penalty provided for in Article 4 (4) of the Treaty. 75 and in Article 97 (3).

Subsection 2. ª Impeachment of the administrative resolution denying registration and certification of union representativeness

Article 133. Refusal to register minutes. Territorial competence and legitimisation.

1. Before the Court of Social in whose constituency the public office is located, the refusal of the registration of the minutes relating to the elections of delegates of staff and members of works councils may be challenged. It may be plaintiffs who have obtained any representative in the act of elections.

2. The administration to which the public office is attached shall always be a party, addressing the application also against those who have submitted candidates for the elections which are the subject of the administrative decision.

Article 134. Deadline.

The term of the exercise of the action of impeachment shall be ten days, counted from the time the notification is received.

Article 135. Process specialties.

1. This process will be dealt with urgently. The decision to admit the application shall require the competent public office to send the administrative file, which shall be sent within two days.

2. The act of the trial shall be held within five days of receipt of the file.

3. The judgment, against which there is no appeal, must be given within three days, and must be communicated to the parties and to the public office. In order to estimate the claim, the judgment will immediately order the registration of the electoral record.

Article 136. Certification of union representative capacity.

1. Decisions of the public office dependent on the administrative or labour authority relating to the issue of certificates of the representative capacity of the trade unions or of the electoral results may be contested by the the union or trade unions concerned, before the Court of Social in whose constituency the relevant public office is located, within 10 days of the issue or refusal of the certification, where appropriate action against the other trade unions to which the intended statement is concerned.

2. The decision which allows the application to be processed shall state the judgment as a matter of urgency within the following 10 days and shall have the complaint of the administrative file of the public office for referral to the court within the two days after.

3. The judgment shall be given within three days and shall rule on the terms of the certification issued on the basis of the claims made in a timely manner by the parties. Against such a decision, which shall be notified to the public office and to the parties, the appeal shall be lodged.

Section 3 Professional Classification

Article 137. Claim of category or professional group.

1. The application initiating this process shall be accompanied by a report issued by the business committee or, where appropriate, by the staff delegates on the higher functions alleged and the correspondence of the same within the classification system. applicable. 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 resolution to which the application is accepted, the report of the Labour and Social Security Inspectorate will be sought, with a copy of the complaint and documents accompanying it. The report shall deal with the facts invoked, in relation to the applicable classification system, and other concurrent circumstances relating to the activity of the actor, and shall be issued within 15 days.

3. The claim of the corresponding salary differences shall be cumulative to the action for the claim of the professional group or group. No recourse shall be made against the judgment to be given, unless the salary differences claimed have reached the amount required for the appeal.

Section 4. Geographical Mobility and substantial modifications of working conditions

Article 138. Processing.

1. The process will be initiated on the demand of the workers affected by the business decision, even if the procedure of Articles 40 and 41 of the Workers ' Statute has not been followed. The application must be submitted within the period of expiry of the 20 working days following the written notification of the decision to the employees or their representatives in accordance with Article 59 (4) of the Staff Regulations. (a) the workers, the time limit which shall not begin to be taken into account until such notification takes place, without prejudice to the limitation in any event of the action arising in the course of the period provided for in Article 59 (2) of the Staff Regulations; Workers.

2. When the object of the debate is viewed on preferences attributed to certain workers, they must also be sued. Workers ' representatives must also be sued when, in the case of transfers or modifications of a collective nature, the measure has the conformity of those.

3. The court may obtain an urgent report from the Labour and Social Security Inspectorate, which shall send it copies of the application and documents accompanying it. The report shall deal with the facts invoked as supporting the business decision in relation to the agreed amendment and other concurrent circumstances.

4. If, once the process is initiated, there is a demand for collective conflict against the business decision, that process will be suspended until the resolution of the demand for collective conflict, which once firm will have the efficacy of res judicata on the individual processing under the terms of Article 160 (3).

However, the agreement between the employer and the legal representatives of the workers who may be placed upon the process will not interrupt the continuation of the procedure.

5. The procedure will be urgent and will be given preferential treatment. The act of the hearing shall be held within five days of the date of the acceptance of the application, if the report provided for in paragraph 3 of this Article has not been sought.

6. The judgment shall be delivered within five days and shall be immediately enforceable. No further action shall be taken against it, except in the cases of geographical mobility provided for in Article 40 (2) of the Staff Regulations and in the case of substantial changes in working conditions where they are collective character in accordance with Article 41 (2) of the Staff Regulations.

7. The judgment shall state whether the business decision is justified or unjustified, whether or not it has been established in respect of the workers concerned, the reasons invoked by the undertaking.

The judgment in which the business decision is justified shall recognise the right of the worker to terminate the contract of employment in the cases provided for in Article 40 (1) and Article 41 (3) of the Treaty. Staff Regulations, giving effect to the deadline of 15 days.

The judgment that declares the measure unjustified will recognize the right of the worker to be replaced in his previous working conditions, as well as to the credit of the damages that the business decision could have been cause during the time it has produced effects.

The decision adopted in fraud of the law will be declared null, circumventing the norms established for the collective ones in Articles 40 and 41 of the Staff Regulations, as well as when it has as mobile some of the causes of discrimination provided for in the Constitution and in the law, or where there is a violation of fundamental rights and public freedoms of the worker, including, where appropriate, the other cases of the declaration of invalidity of dismissal in the paragraph 2 of Article 108.

8. Where the employer does not proceed to reintegrate the worker in his or her previous working conditions or in an irregular manner, the worker may apply for the execution of the judgment before the Court of Social and the termination of the contract for the purposes of as provided for in Article 50 (1) (c) of the recast text of the Law on the Status of Workers, as laid down in Articles 279, 280 and 281.

9. If the judgment declares the invalidity of the business measure, its execution shall be carried out on its own terms, unless the worker provides for the execution provided for in the preceding paragraph. In any case, the time limits laid down in the case shall apply.

Section 5. Personal, family and work life reconciliation rights recognized legally or conventionally

Article 139. Processing.

1. The procedure for the exercise of the rights of reconciliation of personal, family and work life, legally or conventionally recognized, shall be governed by the following rules:

(a) The worker shall have a period of 20 days from which the employer informs him of his or her refusal or disagreement with the proposal made by the worker, in order to file a complaint with the Court of Social Affairs.

In the application of the right to the measure of conciliation, the action of damages caused to the worker may be accumulated, exclusively by the derivatives of the refusal of the right or the delay in the effectiveness of the measure, of which the employer may be exempt if he has, at least provisionally, complied with the measure proposed by the worker.

The employer and the worker must bring their respective proposals and alternatives to the acts of conciliation prior to the trial and to the act of judgment, which may accompany, where appropriate, the report of the the joint or follow-up of the company's equality plans for consideration in the judgment.

b) The procedure will be urgent and 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 sentence will be handed down within three days. Against the same, no action shall be taken, except where there has been a claim for damages which could give rise to a request for compensation, in which case the statement of the conciliation measures shall be enforceable. since the statement is issued.

2. The above procedure shall also apply to the exercise of the rights of the worker who is the victim of gender-based violence established in the law, to the reduction of the working day with a proportional reduction of the salary and to the rearrangement of the working time, through the adaptation of the timetable, the application of the flexible timetable or other forms of organisation of the working time that are used in the enterprise. The action of damages directly caused to the worker by the refusal or delay of the right may be accumulated. The adoption of the precautionary measures referred to in Article 180 (4) may be required where appropriate.

CHAPTER VI

Social Security benefits

Article 140. Processing. Impeachment of senior doctors.

1. The claims made in respect of social security benefits against managing bodies and collaborating entities in the management shall be credited with having exhausted the administrative route concerned, including those in which the accumulated the claim of the injury of a fundamental right or public liberty and except that it is chosen to exercise exclusively the latter by means of the procedural modality of guardianship. The prior exhaustion of the administrative route shall not be required in the proceedings for the impeachment of senior doctors issued by the competent bodies of the Social Security Management Entities when the duration of three hundred and sixty years is exhausted. and five days of the temporary disability benefit.

2. In case of failure, the Registrar shall have the defect to be remedied within four days. After the healing, the demand will be accepted. In another case, it shall give the Court the right to decide on the admission of the application.

3. The high-medical impeachment process will have the following specialties:

(a) The application shall be directed exclusively against the managing body and, where appropriate, against the management partner. There shall be no need to sue the public health service, except where the discharge issued by the medical services of the health service is contested, or to the company unless the contingency is questioned.

b) It will be urgent and you will be given preferential treatment.

(c) The act of the hearing shall be indicated within five days of the admission of the application, and the judgment, which shall not have recourse, shall be issued within three days and its effects shall be limited to the high medical doctor, without conditioning other processes, be it as regards the contingency, the regulatory basis, the resulting benefits or any other end.

(d) Other shares may not be cumulated, not even the claim for differences in economic benefit due to temporary incapacity, although the judgment which the discharge considers to be undue shall have the replacement of the beneficiary in the the benefit which it would have received, as long as there is no cause of extinction of the same, in the course of the time for which it has been recognised or by another legal cause of extinction.

Article 141. Legitimization of the Management Entities and General Treasury of Social Security.

1. The managing bodies or agencies and the General Treasury of Social Security may be personable and be held in full, with the full scope of the argument and defence, including that of bringing the action or procedural remedy which may be to proceed, in the case of social security benefits and, in general, in the proceedings in which they have an interest in the exercise of their powers, without such intervention to reverse or stop the course of the proceedings. actions.

To this end the judicial secretary must make the necessary actions to ascertain the possible existence of the previous situations and to agree, if necessary, that the resolutions of admission to proceedings be notified to them, a statement of the view or incident and other resolutions, including the termination of the relevant procedure.

2. The court or tribunal may request from those entities and bodies the background to which they have in relation to the facts which are the subject of the proceedings and may also provide such a background, whether or not they are actions, as soon as they may affect the benefits they manage, for the purpose of completing the knowledge elements of the court in the decision of the case.

Article 142. Documentation in processes by accident at work or occupational disease.

1. If the name of the managing authority or, as the case may be, of the Mutual of occupational accidents and occupational diseases of the Social Security, the judicial secretary is not entered in the claims for accidents at work or occupational disease, the of the judgment, it will require the defendant employer to present the evidence of the risk cover within four days. If this period does not present it, in view of the circumstances that are present and hearing the General Treasury of Social Security, the judge shall agree to the embargo on the property of the employer in sufficient quantity to ensure the outcome of the trial. and how many precautionary measures are deemed necessary.

Equal measures shall be adopted in the relevant procedure in relation to risk insurance and the cover document for voluntary or complementary improvements in social security and other possible the responsibilities of the employer or third parties by accident at work and occupational disease, to which effect the employer or the third party must provide the insurance document and the insurance documents within the time limit set out above; data of the insurance undertaking covering the same, with a warning to take the freezing measure preventive measures or other appropriate precautionary measures.

2. In processes for the determination of contingency or the lack of safety measures in accidents at work and occupational disease, and in other cases where it deems necessary, the resolution in which the application is admissible must be interested in the Provincial Labour and Social Security Inspectorate, if it is not already in the file or in the file, report on the circumstances in which the accident or illness occurred, the work carried out by the accident or sick pay, which is paid and the basis of contribution, which will necessarily be issued within the maximum period of 10 days. In advance of at least five days before the trial, the judicial secretary shall reiterate the referral of the report if the latter has not yet entered the case.

Article 143. Referral of the administrative file.

1. When the application is accepted, the managing body or the managing body shall be required to refer the case or the administrative action carried out in respect of the object of the case, in original or in copy, to the managing body. in writing or preferably by computer, and, where appropriate, a report on the background of the application, within a period of 10 days. The file shall be sent in full, followed and, where appropriate, authenticated and accompanied by an index of the documents contained therein. If the original file is referred, the judicial secretary will return it to the entity of origin, firm that it is the judgment, leaving in the cars note of it.

2. If the reference for a file or proceedings is requested, the body concerned shall be equally required and, where appropriate, shall make it known to the court or tribunal, whether it is aware of the existence of the other claims in respect of the same act or action, for the purposes of enabling, where appropriate, the accumulation of trade or at the request of a party.

3. In the light of the case, the Court shall have the place of persons who may have a legitimate interest in the proceedings or are affected by it, so that they may appear in the act of judgment and be held by the court. the process and to formulate its claims, seeking to make such a placement be understood with the interested parties with at least five working days in advance of the judgment and without the need, in this case, to meet the general deadlines foreseen for the summons of the parties required by Article 82.

4. In the proceedings, they shall not be held by any of the parties made other than those alleged in the administrative file, except in respect of new facts or which could not have been known before.

Article 144. Effects of the failure to refer the administrative file.

1. After the deadline for referral of the file has not been received, the judicial secretary will reiterate the urgent procedure for his immediate referral. The judgment shall be held on the day indicated, even if the entity concerned 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 judgment, in order to reiterate the order for referral of the file within a further period of 10 days with a warning of the imposition of the measures referred to in Article 75 (5).

This time limit shall be five days in the case of the high medical challenge referred to in Article 140 (3).

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.

Article 145. Disciplinary responsibility for the failure to refer the administrative file.

The lack of referral of the file and any other non-compliance with the obligations of collaboration with the process shall be notified by the judicial secretary to the director of the managing body or managing body, for the purposes of the (a) a requirement for disciplinary responsibilities, without prejudice to any other measures which may be taken.

Article 146. Review of declarative acts of rights.

1. The Entities, organs or agencies, or the Salarial Guarantee Fund shall not be able to review their declarations of rights for themselves to the detriment of their beneficiaries, and, if necessary, request the review before the Court of the Social competent, by means of a timely application to be directed against the beneficiary of the recognised right.

2. The correction of material or factual errors and the arithmetic, as well as the revisions prompted by the finding of omissions or inaccuracies in the beneficiary's declarations, are exempted from the provisions of the previous paragraph. Also, the revisions of the acts in respect of unemployment protection, and the cessation of activity of the self-employed, are also excepted, provided that they are carried out within the maximum period of one year from the administrative or the Authority's a manager who has not been challenged, without prejudice to the provisions of Article 147.

3. The review action referred to in paragraph one shall be prescribed at four years.

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

Article 147. Challenge of unemployment benefits.

1. Where the Authority or the Agency for unemployment benefits finds that, in the four years immediately preceding a claim for benefits, the worker would have received benefits by the end of several contracts (a) temporary work with the same undertaking, may be directed to the judicial authority, demanding that the employer be held responsible for the payment of the same, except for the benefit under the last temporary contract, if the temporary recruitment was abusive or fraudulent, as well as the conviction of the employer to return to the Entity Management of those benefits along with the corresponding quotes.

The communication, which shall be considered as a demand, must be accompanied by a copy of the file or administrative files on which it is based, and the general requirements required by this Law shall be entered in the file. for the demands of ordinary processes.

The communication may be addressed to the judicial authority within six months of the date on which the last application for benefits in time and form had been made.

The provisions of this paragraph shall not entail the revision of the resolutions which have recognised the right to unemployment benefits resulting from the completion of the repeated temporary contracts, which shall be considered as due to the worker.

2. The judicial secretary shall examine the application, in order to verify whether it meets all the requirements, by warning the managing body, where appropriate, of the defects or omissions of formal nature which it has in order to be remedied in the Ten days ' term. After the healing, the demand will be accepted. In another case, it shall give the Court the right to decide on the admission of the application.

3. The application shall continue to be processed in accordance with the general rules, with the following specialties:

(a) The employer and the worker who have concluded the repeated temporary contracts shall be considered as a party to the proceedings, although they may not apply for suspension. Even without your assistance, the procedure will be followed on its own.

(b) The statements of facts contained in the basic communication of the process shall make faith, unless otherwise proved, by the burden of proof to the defendant.

4. The judgment that considers the request of the Gestora Entity shall be immediately enforceable.

5. When the judgment becomes final, it shall be communicated to the Labour and Social Security Inspectorate.

CHAPTER VII

Of the procedure of trade and of the impeachment of administrative acts in the field of labor and social security non-prestational

Section 1. Of the trade procedure

Article 148. Scope of application.

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 labour authority appreciates fraud, intent, coercion or abuse of the right at the conclusion of the suspension arrangements, reduction of the day or extinction referred to in Article 47 and Article 51 (5) of the recast text of the Law of the Workers ' Statute and refer them to the judicial authority for the purpose of their possible declaration of invalidity, leaving the deadline for the administrative decision to be suspended. In the same way, the employment authority shall act when, on its own initiative or at the request of the managing body of the unemployment benefit, it considers that the agreement may be aimed at obtaining undue benefits from the workers. affected by the absence of the motivating cause of the legal situation of unemployment.

(c) The acts of infringement or communications of the Labour and Social Security Inspectorate on the finding of discrimination on grounds of sex and on which the basis for the damage estimated for the worker, for the purposes of determining the corresponding compensation.

The procedure will also be initiated as a result of the corresponding communications and the same effects in the cases of discrimination based on racial or ethnic origin, religion and belief, disability, age or sexual orientation or other legally intended.

(d) of the communications of the labour authority when any act of infringement or liquidation lifted by the Labour and Social Security Inspectorate relating to the matters of social security excluded from the knowledge of the social order in Article 3 (f), has been challenged by the responsible person on the basis of allegations and evidence which, in the opinion of the employment authority, may distort the working nature of the legal relationship which is the subject of the action inspector.

To the ex officio demand referred to in the preceding paragraph, the labour authority shall accompany the administrative file. The admission of the application will lead to the suspension of the administrative file. The rules of Article 150 (2) (a) and (d) shall apply to this process of trade. Where it is understood that the arguments or actions of the responsible person seek the delay of the administrative action, the judicial body shall impose the fine referred to in Article 75 (4) and (3) of Article 97, as well as The employer must also pay the fees of the lawyers and social graduates of the opposite party who have intervened, within the limits established for the instance, pleading and appeal. The final judgment shall be communicated to the labour authority and shall link at the ends of the employment authority to the labour authority and to the bodies of the judicial-administrative jurisdiction in respect of which the infringement or settlement act is contested.

Article 149. Demand requirements.

1. The demand for office shall include the general requirements required by this Law for the demands of the ordinary processes, expressing the persons against whom it is directed and the concrete condemnation that is requested in front of them according to the content of the claim, the facts which are essential for resolving the questions raised and, in particular, those which are deemed to constitute discrimination or other non-compliance. The suspension, reduction of the day or the contested termination and the cause invoked, together with the identification of the parties involved, shall also be entered in the case, specifying the specific claim for the declaration or the (a) the Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union; addresses.

2. Whenever the expressed claims concern more than ten employees, the judicial secretary shall require them to appoint representatives in the manner provided for in Article 19.

Article 150. Admission of demand and processing.

1. The judicial secretary shall examine the application, in order to verify whether it meets all the requirements required, by warning the working authority, where appropriate, of any defects or omissions which it may have in order to be remedied within 10 days. Performed the healing, it will admit the demand. In another case, it will give the court to decide on the admission of the claim.

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, to whom it will be placed to the effect and once they have been compared they will have the consideration of part, although they will not be able to withdraw or to request the suspension of the process.

(b) The conciliation shall be authorised only by the judicial secretary or, where appropriate, by the judge or tribunal, where the full extent of the damage caused by the offence is satisfied.

c) The agreements between workers and employers following the infringement act shall be effective only if they have been concluded in the presence of the inspector of work who has lifted the minutes or the authority work.

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.

Section 2. First of the procedure for the impeachment of administrative acts in the field of labor and social security excluding the loans

Article 151. Processing.

1. In the absence of special rules, the proceedings initiated on the basis of a complaint against the State, the Autonomous Communities, Local Authorities or other public authorities or bodies are subject to a request for a governed by the principles and rules of the ordinary working process, with the specialities contained in this section. The rules governing the administrative-administrative jurisdiction shall not be expressly provided for as soon as they are compatible with the principles of the social process.

2. The application must be furnished, where appropriate, the exhaustion of the administrative route in the form and time limits corresponding to the rules applicable to the Administration of the act, in the form established in Article 69 of this Law, except for Article 70 (2) of the same and Article 44 of Law 29/1998 of 13 July, regulating the Jurisdiction-Administrative Jurisdiction, which shall apply to disputes between public administrations in the order of the order Social court.

3. The application shall be accurately identified by the act or resolution under appeal and by the public administration or by public law against whose activity the appeal is directed and shall be indicated, where appropriate, by the persons or entities whose legitimate rights or interests could be affected by the applicant's estimation of the claims.

4. If the above requirements are omitted, the judicial secretary shall have the defect to be remedied within four days. After the healing, the demand will be accepted. In another case, he/she will give the court a decision on his/her admission.

5. They shall be entitled to promote the process, the addressees of the contested act or decision or those who have legitimate rights or interests in their revocation or annulment. The passive legitimization corresponds to the Administration or Public Entity author of the act.

The employers and the employees concerned or the successors in title of both, as well as those third parties to whom the responsibilities arising from the facts considered by the act to be contested could be attained and those who they may have been harmed by them, may appear as part of the proceedings and shall be placed in the proceedings, in particular in the case of the prosecution of facts which may constitute an accident of work or illness. professional.

In disputes relating to administrative sanctions in respect of sexual harassment or sex, the victim shall be entitled to appear in the proceedings in accordance with his free decision and may not be sued or called upon to appearance against his will. If the victim's testimony is required, the court or tribunal shall ensure the conditions of its practice in terms consistent with its personal situation and with the restrictions on advertising and intervention by the parties and their representatives. that are required.

6. The most representative trade unions and associations, as well as those with implementation in the field of litigation, and the employer and the unitary representation of workers in the field of the enterprise, may be personable and (a) to be held as part of the proceedings in which they have an interest in defence of the economic and social interests which they are of their own or in their role of ensuring compliance with the rules in force, without such intervention stopping or reversing the course of action.

7. The time limit for the application shall be that provided for in Articles 69 and 70 or the expressly stated, where appropriate, in accordance with the applicable procedural rules, where applicable in this respect, as provided for in Article 73 of this Law.

8. In order to indicate the judgment, claim of the administrative file, placement of the possible interested parties, congruence with the administrative file and other related aspects will be in the provisions of articles 143 to 145.

The facts established by the Labour and Social Security Inspectors or by the Acting Subinspectors of Employment and Social Security to be formalized in the infringement proceedings by observing the relevant legal requirements, have a presumption of certainty, without prejudice to the evidence that the parties concerned can provide in defence of their respective rights and interests. The same evidentiary value shall have the facts established by the officials to whom the status of authority is recognised, and which are formalised in public document by observing the relevant legal requirements.

9. The judgment shall make the statements corresponding to the claims made in a timely manner by the parties and, in particular:

(a) State the inadmissibility of the claim for lack of jurisdiction, because the contested act is not liable to be contested, that it has been formulated outside the time limit laid down or when the absence of any other procedural budget, as well as where acts are contested that are the reproduction of other definitive and final acts and the confirmatory acts of consent for not having been appealed in time and form.

b) Disestimate the claim when the contested act is right.

c) It shall provide for the application of the legal order, including the diversion of power for the use of administrative powers for purposes other than those provided for in law. In this case, the judgment shall declare not in accordance with the law the contested act and annul it in whole or in part and, where appropriate, order the termination or amendment of the contested action or impose the recognition of a particular situation. individualized legal.

(d) In the event of a declaration of invalidity of the act or the default of a decision by omission of essential subsainable requirements which have caused defenceless, the nullity of the procedure may be available, followed by the sole to roll back to the time of production. The declaration of the expiry of the file shall not prevent the new initiation of administrative action if by its nature it is not subject to an extinguishing period of any kind, without the expiry of the expired procedure of that period.

10. The Administration, which is the author of a declarative administrative act of rights whose knowledge corresponds to this court order, is entitled to challenge it in this same order, after its declaration of lesivity for the public interest in the legally established terms and within two months from the day following the date of the declaration of lesivity. The review of declarative acts of the rights of their beneficiaries by the managing bodies or bodies and common services in the field of social security and unemployment shall be governed by the provisions of Articles 146 and 147.

11. The judgment which leaves without effect an administrative decision under which the work relationship shall be extinguished shall declare the right of the workers concerned to return to their place of employment.

Except that the employer within five days following the finality of the judgment chooses, in writing before the court, to compensate the workers with the compensation established for the unfair dismissal, communicate in writing to these workers the date of their reinstatement to work within 15 days of the said firm's determination. In any of the above cases, the worker shall be entitled to the wages left to be paid, with the deduction of those he has received since the extinction and with the refund or deduction of the amounts received as compensation, provided for in Article 123 (3) and (4) of this Law. If the employer is not readmitted to the worker or the readmission is effected in an irregular manner, the latter may request the execution of the judgment within the following 20 days, as otherwise provided for in Articles 279 to 281 of this Law.

If the administrative decision to be found to be in breach of fundamental rights or public freedoms is left without effect, workers shall be entitled to immediate readmission and to the payment of the wages left to be paid and may, where appropriate, request enforcement in accordance with Articles 282 et seq. of this Act.

If the worker has received unemployment benefits, the provisions of Article 209 (5) of the recast of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994, shall apply. of 20 June, depending on whether the worker's readmission has taken place or not.

Article 152. Adoption of precautionary measures.

1. Interested parties may, in any state of the proceedings, request the suspension of the administrative act or decision under appeal and, in general, how many measures ensure the effectiveness of the judgment, where the execution of the contested measure is capable of to lose their legitimate purpose to demand. The judge or tribunal shall then give a decision on the suspension, after hearing the parties for three days, unless there are grounds for special urgency, in which case the measure may be anticipated without prejudice to the subsequent hearing of the the parties. The precautionary measure may be refused where serious disturbance of the general or third party interests may be followed which the judge or tribunal shall weigh in a circumstantial manner.

2. In proceedings for the impeachment of decisions of the labour authority on the cessation of work by serious and imminent risk to safety and health, the worker or workers concerned, their unitary or trade union representation and the Interested employer may request the raising, maintenance or adoption of the measure in the terms of the previous paragraph. To this effect, the employer and the workers concerned or their representatives shall be summoned to a preliminary hearing on the day and hour which is indicated within the next forty-eight hours, and the judge or tribunal shall require the Inspection of Labour and Social Security the contribution within the same period of the actions which it would have taken in this respect and, if necessary, the presence at the hearing of the official who had ordered the cessation, as well as of the I would like to ask you. The procedure may be carried out by the managing entities, collaborators and public health services, in relation to the business responsibilities under Article 195 of the recast of the General Law on Social Security, adopted by Royal Decree of Law 1/1994 of 20 June, in the event of failure to halt the work agreed by the labour authority and to request the precautionary measures to be taken in order to ensure the benefits to be paid to dispense or anticipate such entities. Workers and their unitary or trade union representation may also request the adoption of the same precautionary measures in relation to the insurance.

CHAPTER VIII

From the collective conflict process

Article 153. Scope of application.

1. Applications which concern the general interests of a generic group of workers or a generic collective capable of individual determination and which relate to the application and interpretation of an individual group shall be dealt with through this process. state rule, collective agreement, whatever its effectiveness, agreements or agreements of undertakings, or a collective decision of a collective nature, including those governed by Articles 40 (2) and 41 (2) of the recast text of the Law on the Status of Workers, or of a business practice and agreements of interest (a) professional employees of economically dependent self-employed persons, as well as the direct challenge of collective agreements or covenants not covered by Article 163 of this Law.

2. It shall also be dealt with in this process by the contestation of collective agreements and the substitute arbitration awards, in accordance with the provisions of Chapter IX of this Title.

3. It will also be dealt with in accordance with this process of challenging the decisions of the undertaking to attribute a reserved character or of failing to communicate certain information to workers ' representatives, as well as disputes relating to the compliance by the representatives of the workers and the experts who assist them with their obligation to follow.

The judge or chamber shall take the necessary steps to safeguard the reserved or secret character of the information in question.

Article 154. Active legitimation.

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 wider than that of the conflict, as long as it is a conflict of a higher level than the enterprise.

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

(d) The public administrations that are employed in the field of conflict and the organs of representation of the workforce in the service of the former.

(e) the representative associations of the economically dependent self-employed and the trade unions representing them, for the exercise of collective actions relating to their professional arrangements, provided that meet the requirement of point (a) above, as well as the undertakings for which they carry out their business and the business associations of them, provided that their scope is at least equal to that of the conflict.

Article 155. Intervention by trade unions, business associations and representation bodies.

In any case, the representative trade unions, in accordance with Articles 6 and 7 of the Organic Law 11/1985 of 2 August, of Freedom of Association, the representative business associations in the terms of Article 87 of the Text recast of the Law of the Workers ' Statute and the organs of legal or trade union representation may be personified as parts in the process, even if they have not promoted it, provided that its scope of action corresponds to or is wider that the conflict.

Article 156. Attempt to reconcile or mediation.

1. An attempt at conciliation or mediation in the terms provided for in Article 63 shall be a necessary requirement for the processing of the process.

2. What is agreed in conciliation or mediation shall, according to its nature, be the same as the effectiveness attributed to the collective agreements under Article 82 of the recast of the Law of the Workers ' Statute, provided that the parties which reconcile, have the legitimacy and adoption of the agreement in accordance with the requirements laid down by those rules. In such a case, copies of the same shall be sent to the labour authority. In the case of economically dependent self-employed workers, the agreement reached will have the effectiveness of the agreements of professional interest covered by Article 13 of the Law on the Statute of Autonomous Work.

Article 157. Content of the demand.

1. The process shall be initiated by application to the competent court or tribunal which, in addition to the general requirements, shall contain:

(a) The general designation of workers and companies affected by the conflict and, where forms of order form a form of order, which, although referred to a generic collective, may be subject to further individual determination Without the need for further action, the data, characteristics and requirements for further individualisation of those affected by the conflict and the enforcement of the judgment in respect of them shall be entered.

b) The specific designation of the defendant or defendant, with the expression of the employer, business association, union or unitary representation to those who affect the claims exercised.

c) A succinct reference to the legal bases of the pretense formulated.

(d) the interpretative, declarative, conviction or other form of order specifically exercised according to the object of the conflict.

2. The claim shall be accompanied by certification of an attempt to have been made for the prior conciliation or mediation referred to in the previous article or the allegation that it is not necessary.

Article 158. Initiation by the labour authority.

The process may also be initiated by means of communication from the labour authority, at the request of the representations referred to in Article 154. Such communication shall contain the same requirements as those required for the application in the previous Article. The judicial secretary shall warn the working authority of any defects or omissions that may be contained in the communication, in order to be remedied within ten days.

Article 159. Urgency and process preference.

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

Article 160. Conclusion of judgment and judgment.

1. Once the application or the communication of the employment authority has been accepted, the judicial secretary shall cite the parties for the conclusion of the act of the judgment, which shall take place, on a single call, within five days 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.

3. If a claim for a conviction which is subject to individual execution is considered, it must contain, where appropriate, the details, characteristics and precise requirements for a subsequent individualisation of the persons concerned by the object of the conflict and benefit from the conviction and specify the direct impact on the same of the dictation. It shall also contain, where appropriate, the statement that the conviction has to provide for procedural effects not limited to those who have been parties to the relevant process.

4. The judgment shall be enforceable from the moment at which it is delivered, notwithstanding the action which may be brought against it.

5. The final judgment will have the effect of res judicata on the individual proceedings pending or which may be considered, which are on the same subject matter or in relation of direct connection with that, both in the social order and in the administrative disputes, which will be suspended during the proceedings of the collective dispute. The suspension shall be agreed even if the appeal and the appeal are pending, and the court corresponding to the final judgment in the collective conflict proceedings, even if the judgment is pending. in the unifying appeal, that is not invoked as a contradictory judgment.

6. The initiation of the collective conflict process will interrupt the prescription of the individual actions in the same relationship with the object of the conflict.

Article 161. The unimpeachable nature of the processing decisions.

Against the decisions that are given in its treatment, no recourse shall be made, except for the initial declaration of incompetence.

Article 162. File of performances.

To be received in the court or tribunal of the parties to have been resolved the conflict, the judicial secretary will proceed without further to the file of the actions, whatever the state of its handling before the statement.

CHAPTER IX

From the challenge of collective agreements

Article 163. Initiation.

1. The challenge of a collective agreement of those regulated in Title III of the recast of the Law of the Workers ' Statute or of the substitute arbitration awards, considering that it conculcates the law in force or damages In the interests of third parties, it may be promoted on its own initiative to the competent court or chamber by means of communication sent by the competent authority.

2. If the collective agreement has not yet been registered with the relevant public office in accordance with the provisions of Article 90 (2) of the recast of the Law of the Workers ' Statute, the legal representatives or trade unions of the workers or employers who held the illegality of the convention or the injured third parties who will invoke it, must first request the employment authority to take the court or Chamber of its own motion.

3. If the labour authority does not reply to the request referred to in the preceding paragraph within 15 days, the authority shall reject it or the collective agreement has already been registered, the challenge of which may be directly lodged by the legitimized for this by the procedures of the collective conflict process, while the validity of the corresponding standard norm is subsisting.

4. The lack of direct contestation of a collective agreement referred to in paragraph 1 of this Article does not preclude the challenge of the acts which occur in their application, through the subsequent collective or individual conflicts which they could be promoted by the legitimate ones, on the grounds that the provisions contained therein are not in accordance with the law. The judge or tribunal who in these proceedings will appreciate the illegality of any of the aforementioned provisions will put it to the attention of the Prosecutor's Office so that, if necessary, it can raise its illegality through the procedural modality of challenge of collective agreements.

Article 164. Requirements for ex officio communication.

1. The ex officio communication supporting the illegality of the agreement, pact or agreement 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 commission or negotiating table of the contested agreement.

2. The ex officio communication supporting the lesivity of the convention shall contain, in addition to the requirement referred to in point (c) of the preceding paragraph, the relationship of the third party claimants, who are allegedly injured, and an indication of the interest of the which is to protect.

3. The judicial secretary shall warn the referring authority of any defects or omissions that the communication may contain, in order to be remedied within ten days.

4. The process will be followed, in addition to the representatives of the Commission or the negotiating table of the agreement, with the complainants or third parties allegedly injured.

5. Where the challenge arises from the labour authority and there are no complainants, the legal representation of that authority shall also be cited.

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.

Article 165. Legitimization.

1. The active legitimacy to challenge a collective agreement, due to the procedures of the collective conflict process, corresponds:

(a) If the challenge is based on the illegality, the organs of legal or union representation of the workers, unions and business associations interested, as well as the Ministry of Fiscal, to the Administration General of the State and the Administration of the Autonomous Communities its respective scope. For the purposes of challenging clauses which may contain direct or indirect discrimination on grounds of sex, the Institute of Women and the relevant bodies of the Autonomous Communities are also entitled.

b) If the reason for the challenge is the lesivity, 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 commission or negotiating table 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 shall also accompany the agreement and its copies.

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

Article 166. Conclusion of judgment and judgment.

1. The judicial secretary shall indicate for trial, with summons from the Prosecutor's Office and, where appropriate, the parties referred to in Article 164 (4). 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 given, notwithstanding the action which may be brought against it. Once firm, it will produce effects of res judicata on the individual processes pending resolution or that can be considered in all the areas of the jurisdiction on the convalidated precepts, nullified or interpreted object of the process.

3. Where the judgment is annulled, in whole or in part, by the contested collective agreement and has been published, it shall also be published in the Official Gazette in which it was inserted.

CHAPTER X

Of the challenges concerning the statutes of the trade unions and the business associations or their modification

Section 1. Third Impeachment of the administrative resolution that denies the deposit

Article 167. Legitimization.

1. The promoters of the trade unions of workers in the form of a 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 public administration to which the office of deposit of statutes author of the contested decision is attached, as well as the Fiscal Ministry, will always be a part in these processes.

Article 168. Deadline.

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.

Article 169. Content of the demand.

The application must be accompanied by copies of the statutes and the decision of refusal, the right to have been expressly referred to, or a proof of the presentation of these statutes.

Article 170. Referral of the file.

Within the following working day upon admission of the application, the judicial secretary shall require the competent public office to send the file, which shall be forwarded within five days.

Article 171. Effects of the sentencing judgment.

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

Article 172. Challenge of the administrative decision rejecting the deposit of the amendment of the statutes.

1. The rules laid down in this Section shall apply to the proceedings for the challenge of the decision rejecting the deposit of the statutes of the trade unions, in the cases of amendment of the rules, and in respect of the amendments to the statutes of the trade unions which already have legal personality.

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

Section 2. Uncontested of the statutes of the trade unions

Article 173. Legitimization.

1. The Prosecutor's Office and those who prove a direct, personal and legitimate interest may request the judicial declaration that the statutes of the trade unions, or their amendments, which have been the subject of a deposit and/or publication, both in the event that they are in the form of a constitution and in that they have acquired legal personality.

2. The promoters of the trade union and the signatories of the constitution, as well as those who legally represent the union, will be legitimately legitimized, if this legal personality has already been acquired.

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

Article 174. Referral of the file.

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

Article 175. Effects of the statement.

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.

Section 3. Statutes of business associations

Article 176. Processing.

The processes of impeachment of administrative decisions that deny the deposit of the statutes of the business associations, or of their modifications, as well as those of the declaration of not being in accordance with the said laws The statutes, or their amendments, shall be substantiated, respectively, by the formalities of the procedural arrangements provided for in the preceding sections. The Fiscal Ministry will always be part of these processes, regardless of their active legitimacy to promote them.

CHAPTER XI

The protection of fundamental rights and public freedoms

Article 177. Legitimization.

1. Any worker or union who, by invoking a legitimate right or interest, considers the rights of trade union freedom, strike or other fundamental rights and public freedoms, including the prohibition of discriminatory treatment, to be injured. of the harassment, may seek protection through this procedure when the claim is raised in the field of legal relations attributed to the knowledge of the social court or in direct connection with the same, including those which (a) shall be made against third parties bound to the employer by any title, Alleged violation has direct connection to the provision of services.

2. In those cases where the worker is entitled, as an injured subject, to be entitled as the principal party, the union to which the trade union belongs, any other trade union which has the status of more than one person, may be represented as interveners. representative, as well as, in cases of discrimination, public or private entities between whose purposes the promotion and defence of the legitimate interests concerned are found, although they may not be personable, recourse or continue the process against the will of the injured worker.

3. The Prosecutor's Office will always be part of these processes in defense of fundamental rights and public freedoms, especially by ensuring the integrity of the victims ' reparation and taking into account the adoption, if any, of the measures necessary for the purging of criminal behaviour.

4. The victim of the harassment or injury of fundamental rights and public freedoms on the occasion or occasion of the legal relations attributed to the knowledge of the social court or in direct connection with them, may direct claims, both against the employer and against any other person who is liable, irrespective of the type of link to which the employer is attached. It will be up to the victim, who will be the only person entitled in this procedural mode, to choose the kind of protection that he intends to do within those provided for in the law, without necessarily having to be sued by the employer for the possible direct cause of the injury, except where the victim seeks the conviction of the victim or may be directly affected by the decision to be taken; and if his testimony is required, the court or tribunal shall ensure the conditions of its practice in terms of compatible with their personal situation and with the restrictions of advertising and intervention of the parties and their representatives that are necessary.

Article 178. Non-accumulation with actions of other nature.

1. The purpose of this process is limited to the knowledge of the injury to the fundamental right or public liberty, without the possibility of accumulation with actions of another nature or with identical pretension based on different bases to the protection of the Cited right or freedom.

2. Where the protection of the right must necessarily be carried out by means of the procedural rules referred to in Article 184, they shall apply in respect of claims for the protection of fundamental rights and public freedoms. guarantees provided for in this Chapter, including the summons as part of the Prosecutor's Office.

Article 179. Processing.

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 tribunal. 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 conduct or acts on which the injury to the fundamental right or public liberty is made.

3. The application, in addition to the general requirements laid down in this Law, must clearly express the facts of the infringement, the right or freedom infringed and the amount of the compensation sought, if any, with the (a) appropriate specification of the various damages, for the purposes of Articles 182 and 183, and which, except in the case of moral damages linked to the infringement of the fundamental right where its estimation is difficult detailed, it must establish the relevant circumstances for the determination of the compensation requested, including the severity, duration and consequences of the damage, or the basis for calculating the estimated damage to the worker.

4. Without prejudice to the provisions of Article 81, the judge or tribunal shall reject the claims which are not to be dealt with in accordance with the provisions of this Chapter and are not liable to remedy, by warning the applicant of the right to assists in promoting the action by the relevant procedural channel. However, the judge or the Chamber shall give the application the ordinary or special treatment if it is competent for the appropriate procedure and the application meets the requirements required by law for such a class of procedure.

Article 180. Precautionary measures.

1. In the same letter of application, the actor may request the suspension of the effects of the contested act, as well as the other measures necessary to ensure the effectiveness of the judicial protection that may be agreed upon in judgment.

2. The judge or tribunal may agree to suspend the effects of the contested act when its execution produces the damages which may cause loss of the claim for protection of its purpose, provided that the suspension does not cause serious and disproportionate disturbance to other constitutionally protected rights and freedoms or higher interests.

However, in the event that a violation of the freedom of association is invoked, only the suspension of the effects of the contested act can be deduced when the alleged injuries prevent the participation of candidates in the the electoral process or the exercise of the representative or trade union function with regard to collective bargaining, the restructuring of templates or other matters of major importance which affect the general interest of workers and which may cause damage of impossible repair.

3. Precautionary measures may be requested where, in the event of a strike, only the acts of determination of the workforce assigned to the minimum necessary to ensure the essential services of the community are contested, as well as where the acts of designation of the workforce assigned to the security and maintenance services are contested for the subsequent resumption of the tasks. The court shall decide to maintain, amend or revoke the appointment of staff assigned to those services in accordance with the proposals which, if appropriate, make the parties concerned.

4. Where the claim relates to protection against harassment, as well as to the processes followed at the request of the worker who is a victim of gender-based violence for the exercise of the rights recognised in such a situation, they may be requested, in addition, the suspension of the relationship or the exemption from the provision of services, the transfer of post or work centre, the reordering or reduction of working time and the number of others tend to preserve the effectiveness of the judgment which may be issued, including, where appropriate, those which may affect the alleged harasser or the rights or freedoms which are the subject of the intended protection, in which case it shall be heard.

5. If precautionary measures have been requested, within the day following the admission of the application or the application, the judicial secretary shall cite the parties and the Prosecutor's Office so that, in the day and time that it is stated within the forty-eight (h) the following hours appear before a preliminary hearing, in which only allegations and evidence on the justification and proportionality of the measures are admissible, in relation to the fundamental right and the risk to the effectiveness of the decision the applicant party must bear the necessary principle of proof in this respect. In cases of exceptional urgency, the adoption of the precautionary measures may be carried out by the Judge or Chamber when the application is admissible, without prejudice to the appearance of the hearing provided for in this issue.

6. The judicial body shall decide upon the hearing on the precautionary measures requested by means of a live voice, adopting, where appropriate, appropriate measures to remedy the situation.

Article 181. Conciliation and judgment.

1. When the application is accepted, the judicial secretary shall cite the parties for the acts of conciliation and judgment in accordance with the criteria laid down in Article 82 (1), which shall take place within the time limit of the period of validity of the five days after the admission of the application. 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 fundamental right or public freedom has been justified, the defendant shall be liable for the provision of an objective and reasonable justification sufficiently (a) the measures taken and their proportionality.

3. The Judge or the Chamber shall give judgment within three days of the conclusion of the act of judgment being published and immediately notified to the parties or their representatives.

Article 182. Statement.

1. The judgment shall state whether or not the court has sought the application and, in the case of an estimate of the claim, according to the claims specifically exercised:

(a) State the existence or non-infringement of fundamental rights and public freedoms, as well as the right or freedom infringed, in accordance with its constitutionally declared content, within the limits of the procedural debate and in accordance with the constitutional rules and doctrine applicable to the case, whether or not they have been properly invoked by the litigants.

b) Declare the radical nullity of the performance of the employer, employer association, public administration or any other person, entity or public or private corporation.

(c) Order the immediate cessation of action contrary to fundamental rights or public freedoms, or, where appropriate, the prohibition of the interruption of a conduct or the obligation to carry out an activity omitted, when one or the other are enforceable according to the nature of the right or freedom infringed.

d) Dispose the restoration of the plaintiff in the integrity of his right and the replacement of the situation at the time before the injury of the fundamental right, as well as the repair of the consequences arising from the the action or omission of the responsible person, including the compensation in accordance with the terms set out in Article 183.

2. The judgment shall have the effect of the precautionary measures which have been previously adopted.

Article 183. Compensation.

1. Where the judgment declares the existence of an infringement, the judge must rule on the amount of the compensation which, if appropriate, corresponds to the applicant for having suffered discrimination or other injury to his fundamental rights. and public freedoms, in the light of both the moral damage linked to the infringement of the fundamental right, and the additional damages resulting therefrom.

2. The court shall decide on the amount of the damage, by determining it prudentially where the proof of its exact amount is too difficult or costly, in order to compensate the victim sufficiently and to re-establish the victim as far as possible. in the integrity of your pre-injury situation, as well as to contribute to the purpose of preventing harm.

3. Such compensation shall be compatible, where appropriate, with which the worker may be liable for the modification or termination of the contract of employment or other assumptions laid down in the Staff Regulations and other labour standards.

4. Where the action of damages resulting from a crime or a lack of criminal proceedings has been exercised, the claim for compensation in respect of the social court may not be repeated, while the latter is not entitled to the exercise of that right or be resolved by dismissal or acquittal in a firm criminal decision, while the period of limitation of the action on a social basis is interrupted.

Article 184. Exercise demands required through the corresponding procedural mode.

By way of derogation from the foregoing and without prejudice to the provisions of Article 178 (2), the dismissal claims and the other causes of termination of the contract of employment, the (a) substantial working conditions, the enjoyment of holidays, those of electoral matters, those of contesting the statutes of the trade unions or of their modification, those of geographical mobility, the rights of reconciliation of personal life, (a) the family and the labour force referred to in Article 139, the challenge of collective agreements and those of Penalties imposed by employers on workers in which injury to fundamental rights and public freedoms are invoked shall be dealt with inexcusably, in accordance with the procedural arrangements for each of them, giving rise to the (a) the right to such proceedings and, in accordance with the provisions of Article 26 (2), the claims for the protection of fundamental rights and public freedoms with their own procedural arrangements.

TITLE III

From the audience to the rebel defendant

Article 185. Specialties.

The procedures contained in Title V of Book II of the Law on Civil Procedure shall apply to the processes followed without the defendant's appearance, with the following specialties:

1. The 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 claimant, the freezing of movable and immovable property or other precautionary measures may be imposed as necessary to ensure the supply.

3. The time limit for requesting the hearing shall be 20 days from the personal notification of the judgment or from the record of the procedural or non-procedural knowledge of the judgment and in any case of four months from the notification of the judgment in the Corresponding Official Gazette, in the assumptions and conditions provided for in Article 501 of the Law on Civil Procedure.

4. The hearing request shall be made before the court which has given the final judgment to be terminated.

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

6. In both cases, the procedures for the ordinary procedure laid down in this Law shall be followed, in accordance with the provisions of Article 504 (2) and Rule 3 (1) of Article 507 of the Law on Civil Procedure, with the exception of Article 507 (1) and Article 507 (1) of the Law of the European Parliament and of the Council

the European Union

7. The claim for annulment of the judgment or final judgment for defects in such a way as to have caused defencelessness must be considered, if the budgets are to be met, by way of the incident of nullity of actions governed by Article 241 of the Treaty. the Organic Law of the Judiciary.

THIRD BOOK

From the means of impeachment

TITLE I

Of the resources against providences, cars, orders of ordination and decrees

Article 186. Reorder facility.

1. Against the measures of ordination and non-final decrees, there will be recourse to reorder before the judicial secretary who issued the decision under appeal, except in cases where the law provides for direct recourse to review.

2. Against all the providences and autos cabra reorder recourse to the same judge or tribunal that dictated the judgment under appeal.

3. The interposition of the replacement facility shall have no suspensory effect with respect to the contested decision.

4. There will be no recourse to the replacement of providences, cars, orders of ordination and decrees that are dictated in the processes of collective conflicts, in the electoral processes, when they are about the exercise of the conciliation of the personal and family life, and in the process of challenging collective agreements, without prejudice, where appropriate, to the corresponding claim in the act of the hearing.

Article 187. Processing.

1. The replacement appeal shall be brought within three days against decisions given in proceedings before a single-member body and five days against decisions given in proceedings before an organ. (i) the infringement in which the decision has been taken by the appellant.

2. If the conditions laid down in the preceding paragraph are not met, the replacement shall be inadmissible, by means of a non-appeal, the replacement of providences and autos, and by decree, directly subject to review, the formulated against non-definitive orders and decrees.

3. The judicial secretary shall grant to the other parties a common period of three or five days, in accordance with the uniform or collegial nature of the body in which the decision has been taken. appealed, to challenge it, if they deem it appropriate.

4. On the expiry of the period of challenge, whether or not written, the judge or tribunal shall, in the case of a replacement in the case of providences or orders, or the Registrar of the Court if he has been brought before the decrees, they will resolve without further formalities by order or decree, respectively, within three or five days, according to the unipersonal or collegiate character of the organ.

5. No new action shall be taken against the decision-making order of the replacement facility, except in the cases expressly provided for in this Law, without prejudice to the right to make the corresponding claim in the act of the hearing, if any, or of the civil liability which otherwise proceeds.

Article 188. Impeachment of the replacement resource resolution.

1. No action shall be taken against the decision of the replacement of the replacement, without prejudice to the question of the final decision.

Goat direct recourse to review against decrees that end the procedure or prevent its continuation. Such an appeal shall lack suspensory effect without, in any event, acting in the opposite direction to what has been resolved.

Goat shall also have direct recourse to review against the decrees in cases where it is expressly provided for.

2. The direct appeal for review must be brought within three or five days, depending on the single or collegiate nature of the body in which the judgment under appeal has been given, in writing on which the infringement must be based on the resolution would have incurred.

The former requirements, the judicial secretary, by way of order, shall admit the appeal, granting to the other parties personated a common period of three or five days, depending on the unipersonal character or the body in which the contested decision has been issued, in order to challenge it if it considers it appropriate.

If the eligibility requirements of the appeal are not met, the judge or tribunal will admit it by providence.

After the deadline for impeachment, submitted or not written, the judge or tribunal shall decide without further formalities, by order, within three or five days, according to the unipersonal or collegial character of the organ.

Against the resolutions on admission or inadmission shall not be any recourse.

3. Against the order given by the review facility, only appeal for appeal or an appeal shall be provided when expressly provided for in this Law.

Article 189. Complaint resource.

The complaints that the Social Chambers of the Supreme Court or the Social Room of the Supreme Court are aware of, as the case may be, shall be dealt with in accordance with the provisions of the Law of Civil prosecution to appeal in complaint.

TITLE II

From the request resource

Article 190. Competence.

1. The Chambers of the Social of the High Courts of Justice will know of the appeals of appeals against the judgments handed down by the Courts of the Social of his constituency, as well as against the orders and judgments that they may issue the Judges of the Mercantile who are in their constituency and which affect the employment law.

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

Article 191. Scope of application.

1. The judgments handed down by the Courts of the Social in the proceedings before them are used in pleading, whatever the nature of the case, except where this Law provides otherwise.

2. No request shall be made in proceedings relating to the following matters:

a) Impeachment of a penalty for non-serious misconduct, as well as for very serious non-judicial confirmation.

b) Processes regarding the holiday enjoyment date.

(c) Electoral matters, except in the case of Article 136.

(d) Professional classification processes, except in the case provided for in Article 137 (3).

(e) Geographical mobility processes other than those provided for in Article 40 (2) of the Staff Regulations; in the case of substantial changes in working conditions, except where they are of a collective nature; in accordance with Article 41 (2) of the Staff Regulations; and in the case of change of post or functional mobility, except where it is possible to accumulate such other action which may be subject to a request.

(f) Procedures relating to the rights of reconciliation of personal, family and work life provided for in Article 139, except where there has been a claim for compensation for damages and damages could result in a request for a request.

(g) Claims whose litigious amount does not exceed EUR 3 000. No appeal shall be made in proceedings for the challenge of medical discharge, irrespective of the amount of the temporary incapacity to be received by the worker.

3. The request will proceed in any case:

a) In processes by contract termination or termination.

(b) In complaints, whether accumulated or not, when the issue discussed concerns all or a large number of workers or beneficiaries of Social Security, provided that such a circumstance of general affectation is notorious or has been alleged and proven in judgment or clearly possesses a content of generality not called into question by either party.

c) In processes that deal with recognition or denial of the right to obtain Social Security benefits, as well as the degree of permanent disability applicable.

(d) Where the appeal is intended to remedy a fundamental lack of the procedure or the omission of the attempt at conciliation or of prior compulsory mediation, provided that the protest has been formulated in time and form and have produced defenselessness. If the substance of the case is not within the bounds of the request, the judgment will resolve only the procedural defect invoked.

e) Against judgments that decide on the lack of jurisdiction by reason of matter or territorial or functional competence. If the substance of the case is not within the limits of the plea, it shall be settled only on jurisdiction or jurisdiction.

f) Against judgments given in matters of collective conflicts, contestation of collective agreements, challenge of the statutes of the trade unions, procedures of trade and protection of fundamental rights and freedoms public.

(g) Against judgments given in proceedings for the impeachment of administrative acts in the field of work not covered by the foregoing paragraphs, where they are not subject to economic assessment or where the amount is litigious exceeds eighteen thousand euros.

4. Appeal against the following resolutions may be brought:

(a) The orders of the Court of Justice of the European Union for the annulment of the decision in which the court, before the act of the judgment, declares the absence of jurisdiction or jurisdiction by reason of the matter, or territory.

(b) The orders and judgments handed down by the Courts of the Commercial in the bankruptcy proceedings. Such decisions shall be expressly and separately entered into the facts which are deemed to have been proven.

c) Cars that resolve the replenishment facility, or in its case for review, filed against the resolution that provides for the early termination of the process in the following assumptions:

1. Non-procedural satisfaction or loss of object overcome.

2. No failure to remedy the defects in the complaint that is not attributable to the party or to its procedural representation or unjustified appearance of the acts of conciliation and trial, provided that, by expiration of the action or the instance or other legal cause, its subsequent reproduction is not legally possible.

(d) The cars which decide on the application for replacement brought against those of the Social Courts and the cars which decide the appeal for review brought against the decrees of the judicial secretary, (a) other, in the final execution of a judgment or other evidence, provided that the judgment has been brought under appeal or that, if it is to be carried out as a result of another title, it is a matter for which the judgment has given rise to the has been used in pleading, in the following cases:

1. º When they deny execution fulfillment.

2. º When resolving substantial non-controversial points in the suit, not decided in the statement or contradicting the execution.

3. When to terminate the incidental procedure in execution by deciding on substantial unresolved or uncontained issues in the executive title.

4. In the same cases, an interim application shall also be made if the limits of the application have been materially exceeded or the lack of jurisdiction or competence of the social order has been declared.

Article 192. Determining the amount of the process.

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 without interest or surcharges for arrears.

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

When in the same process one or more cumulative actions are exercised, of which only one can be used in supplication, that appeal shall also proceed, unless otherwise expressly provided.

3. Where the claim is made on periodic economic benefits of any kind or differences on them, the amount of the claim for appeal shall be determined by the amount of the basic benefit or the differences claimed, both on an annual basis, without taking into account any updates or improvements that may be applicable to it, or any interest or surcharges for arrears. The same rule applies to claims for recognition of rights, provided they have economic translation.

4. In the case of administrative acts in the field of work and social security, the economic content of the claim or the act which is the subject of the proceedings shall be considered, for the purposes of appeal, where it is subject to such an assessment and, where appropriate, in the case of year. Where the recognition of an individual right or legal situation is sought, the amount shall be determined by the economic value of the claim or, where appropriate, by the difference in respect of the previously recognised administrative procedure. Where the cancellation of an act, including those of a sanctioning nature, is sought, the economic content of the act shall be addressed. In both cases interest or surcharges for arrears shall not be taken into account. In the case of social security benefits which are equally economically valuable, the rule in paragraph 3 of this Article shall be governed by the sole purpose of the differences claimed on the amount previously recognised. on administrative path.

Article 193. Object of the request resource.

The request resource will have the object:

(a) Repose the cars to the state in which they were at the time of committing an infringement of rules or guarantees of the procedure that has 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.

Article 194. Announcement of the resource.

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, a collegiate social graduate or his representative, by making the notification of that, of its purpose to establish it. It may also be announced by appearance or in writing of the parties or of their lawyer or collegiate social graduate, or representative before the court which issued the contested decision, within the indicated time limit.

Article 195. Interposition of the resource.

1. If the decision is recourse to appeal and the party has announced the appeal in time and form and fulfilled the other preemptions established in this Law, the judicial secretary will have announced the appeal and will agree to put the cars to provision of a lawyer or a registered social graduate appointed by the appellant, in the order of notice, in the form laid down in Article 48 (1), to bring the action, within 10 days of notification of the notification the making available, and the material transfer of the proceedings for the delivery of computer support or by means of telematic access, if the necessary means are available for this purpose. This time limit shall be met by any time when the lawyer or the collegiate social graduate examined or collected the cars.

If the court has the means to give simultaneous transfer or access to the proceedings to all the parties concerned, the provision of the proceedings, and the interposition of the resource, are carried out within a common period of time for all the appellants.

2. If the contested decision is not subject to appeal, if the appeal has not been announced in time or if the appellant has failed to fulfil the conditions necessary for the announcement of the appeal in a non-subsainable manner or has not remedied those requirements, requirements within the term conferred on the effect, as provided for in Article 230 (5), the court shall, by order of order, declare the appeal not to have been announced, with the contested judgment remaining firm in its case. This order may be filed against the Court of Justice of the Court of Justice.

Article 196. Writing of interposition.

1. The application shall be lodged with the court which issued the contested decision, with as many copies as the parties under appeal.

2. In the case of the appeal, together with the arguments concerning its provenance and the fulfilment of the conditions required, the reason or reasons for which the appeal is lodged shall be expressed with sufficient precision and clarity. rules of law or case-law which are considered 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 particular document or expertise on which each reason for reviewing the proven facts is based and indicating the alternative formulation that is intended.

Article 197. Move to other parts.

1. The judicial secretary shall, in time and form, provide the judicial secretary with a transfer of the appeal for his or her challenge, to the party or parties under appeal for a common period of five days for all of them. In the articles of impeachment, which shall be accompanied by as many copies as are the other parties for their transfer to them, grounds for inadmissibility of the appeal may be alleged, as well as any corrections of fact or causes of subsidiary opposition even if they had not been estimated in the judgment, with similar requirements to those indicated in the previous article.

2. The written or written of the impeachment shall be transferred to the parties. If they have been made in those pleadings concerning the admissibility of the action or the grounds referred to in the preceding paragraph, the other parties may submit their arguments directly in this respect, together with the corresponding copies. for transfer to the other parties within two days of receipt of the transfer of the document of impeachment.

3. On the expiry of the period of dispute and, where appropriate, the arguments in the preceding paragraph, whether or not written in such a way and after the allegations have been moved if they have been submitted, the cars shall be brought to the Chamber of the Social Superior Court of Justice, together with the appeal and written submissions, within two days of the following.

Article 198. Determination of domicile.

The appellants and the appellants must, in the pleadings of the appeal and of the appeal, state an address at the seat of the Social Chamber of the High Court for the purposes of notifications, if not previously recorded, for the purposes of Article 53 (2).

Article 199. Healing.

Received the cars in the Social Room of the Superior Court of Justice, if the judicial secretary will appreciate defects or omissions in the appeal, will grant to the party the deadline of five days for the Missed documents or the defects are remedied. 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 constituted and the referral of the proceedings to the court of origin. Only replacement can be made against such a car.

Article 200. Inadmission of the resource.

1. The Court of Appeal, acting on a three-day basis, shall give the Court of Appeal and the Court of Appeal the right to hear the appellant for three days on the grounds that the appeal is inadmissible. the requirements for the use or existence of unified jurisprudential doctrine of the Supreme Court in the same sense as the judgment under appeal have been manifestly and insubsable.

2. If the Chamber considers that any of the causes of inadmissibility are to be found, it shall, within a period of three days, order against which it shall not appeal, stating that the appeal is inadmissible and that the judgment under appeal is inadmissible. costs to the appellant and to the loss of the deposit necessary to make use of the deposit, giving to the consignations and insurances provided the appropriate destination and notifying the parties and the Prosecutor's Office of the decision.

Where the inadmissibility relates only to one of the grounds adduced or to any of the resources brought, by order, not subject to appeal, the continuation of the processing of the remaining resources or grounds shall be provided for not affected by the partial inadmission order.

Article 201. Statement.

1. If no admission has been agreed upon in the course of the preceding article, prior to the submission of a decision, a vote and a ruling, the Chamber shall deliver a judgment within ten days, which shall be notified to the parties and to the Office of the Prosecutor of the Community. Autonomous, in order to assess or dismiss the appeal, as well as, where appropriate, on the questions in a timely manner, or to assess its inadmissibility and to dismiss it accordingly. The estimation of the appeal shall result in the cancellation or revocation of the judgment under appeal in the terms set out in the following Article and the dismissal of the judgment shall determine the confirmation of the judgment under appeal.

2. Sign the judgment, the judicial secretary will agree to the return of the cars, along with the certification of that, to the court of origin.

Article 202. Effects of the resource estimate.

1. Where the revocation of the decision of the court is based on the infringement of rules or guarantees of the procedure which has produced defencement, in accordance with Article 193 (a), the Chamber, without entering into the fund of the question, order to replenish the cars to the state in which they were at the time of committing the infringement, and if it had been produced in the act of the judgment, at the time of its signposting.

2. If the offence committed is based on the rules governing the judgment, the reason for the reason shall be that the Chamber shall be obliged to resolve the matter within the meaning of the debate. However, if it is not possible to do so, as the account of proven facts of the contested decision is insufficient and cannot be completed by the relevant procedural law, it shall agree to the nullity in whole or in part of that judgment and the following proceedings, in the event of partial annulment of the ends of the contested decision which retain their firmness, and order the action to be taken at the time of the judgment, in order for the deficiencies to be revealed and to follow the orders their legal tender.

3. If any of the other reasons referred to in Article 193 are to be estimated, the Chamber shall decide, with preference to the substantive resolution of the dispute, in accordance with the terms of the debate, including on the subject of not resolved at the time in the judgment under appeal for having appreciated any obstativous circumstances, as well as, where appropriate, on the claims deducted in the articles of impeachment, provided the account of facts proved and other Non-challenged antecedents in cars will be sufficient.

Article 203. Total and partial estimation of the resource.

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 for recourse, the judgment arrange 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 pleading is estimated to be less than that recognised by 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 Also partial cancellation 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.

Article 204. Loss of quantities entered.

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 who has wrongfully or recklessly the fine referred to in Article 75 (4) and Article 97 (3), the judgment of the Chamber shall, in whole or in part, confirm that fine, also, where the sentenced person is the employer, on the fees of the lawyers or the social graduates imposed in the judgment under appeal. The Chamber may impose such sanctions and measures on the appellants to appreciate either fear or bad faith in the performance of the parties or their procedural representation during the appeal.

3. If the appellant has secured the amount of the sentence as prevented in this Act, the Chamber shall be sent by the appellant 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.

TITLE III

From the appeal and other processes attributed to the knowledge of the Supreme Court

Article 205. Competence and processing.

1. The Social Chamber of the Supreme Court shall, in the cases and for the reasons laid down in this Law, know of the appeals brought against the judgments and other decisions rendered in the sole instance by the Chambers of the Social the Superior Courts of Justice and the Social Room of the National Court.

2. It shall also be aware of the processes of challenging administrative acts in the cases referred to in Article 9 (a). It shall be initiated by written notice to be lodged within two months of the notification of the contested act or of the two months following the express or presumed dismissal of the remedy, where appropriate, requesting the court to be challenged, accompanied by a copy of the contested act. The following rules will be observed in your processing:

(a) If there is no cause of inadmission and once the defects are remedied within ten days, the complaint shall be made to the administrative file of the Administration of the act and once received, with the simultaneous placement of the persons concerned by the file, shall be made available to the appellant or appellants in the judicial office, by means of computer access or electronic means of disposing of such means, so that within the time limit In the case of the Commission, the Commission has taken the necessary steps to ensure that the formal and substantive in which the agreement was entered into.

(b) A transfer of the written or written application shall be made to the representation of the State Administration and other parties to the proceedings in response to the 15-day common request. The documentary evidence other than that contained in the administrative file shall be furnished with the pleadings of claim and defence, and may be applied for in other cases where there is disagreement in the facts and considers it necessary. The Court, which shall indicate to that effect a single view for the conduct of the test, may delegate to one of its Magistrates or a Chamber or be judged for these purposes, in accordance with the circumstances.

(c) If evidence has been carried out, the Court shall decide to transfer for a period of 10 days to all the parties, unless it considers necessary the conclusion of the hearing.

(d) The cars shall be indicated for voting and failure within 10 days of the submission of the defence of the claim or, where appropriate, of the submission of findings or the conclusion of the hearing.

(e) The judgment shall be delivered within 10 days of the vote and the judgment shall be made, and the statements corresponding to the terms laid down in Article 151 (9) and against it shall be made. Further resource goat.

Article 206. Procedural decisions on appeal.

They are actionable in cassation:

1. Judgments given in a single instance by the Chambers referred to in paragraph 1 of the preceding Article, except the following:

(a) judgments given in proceedings against acts of public administrations attributed to the social order in Article 2 (n) and (s) which are capable of economic assessment where the amount of the measure is does not exceed one hundred and fifty thousand euros.

(b) judgments given in respect of files for the regulation of employment, the termination of employment contracts, the suspension of the contract or the reduction of working time for economic, technical, organisational or production reasons, whatever the amount, when they affect less than fifty workers.

2. Orders to settle the replacement appeal against the judgment in which the Chamber, before the act of judgment, declares the absence of jurisdiction or jurisdiction.

3. The orders issued by those Chambers to resolve the replacement, or review, where appropriate, brought against the decision which provides for the early termination of the process:

a) For extra-procedural satisfaction or loss of object.

(b) For lack of remedy of the defects in the application not attributable to the party or to its procedural representation or for unjustified inappearance to the acts of conciliation and judgment, provided that by the expiry of the Action or of the instance or other legal cause is not legally possible its subsequent reproduction.

4. The orders of the Court of Justice of the European Parliament and of the Court of Justice of the European Parliament and of the Court of Justice of the European Parliament and of the Council of the European Parliament statement, in the following cases:

a) When they deny execution fulfillment.

b) When they resolve substantial non-controversial points in the suit, not decided in the judgment or that contradict the execution.

c) When they terminate the incidental procedure in the execution by deciding on substantial unresolved or uncontained issues in the executive title. In the same cases, an appeal shall also be made on a provisional basis where they are materially beyond the limits of the same or declare the lack of jurisdiction or competence of the social order.

Article 207. Grounds for the appeal.

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.

Article 208. Preparing the resource.

1. The appeal must be prepared within five days of the notification of the judgment, in order to be considered as prepared by the mere demonstration of the parties or their lawyer, a registered social graduate or representative, to the to notify him of his intention to enter into it.

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

Article 209. Resolution on the preparation of the resource.

1. In accordance with the conditions laid down for appeal, the Registrar shall have the appeal. Against this judgment, the contested party may not bring any action, but may oppose the admission of the appeal in the proceedings provided for in Article 211 (1) of this Law.

If the judicial secretary appreciates the existence of subsable defects, it shall require his or her under-healing in accordance with Article 230 (5), giving the Chamber the account if it does not occur to resolve as appropriate.

2. If the contested decision is not subject to appeal, if the appeal has not been prepared within a period of time, or if the appellant has failed to fulfil the conditions necessary for the preparation of the appeal in an insubsainable way or has not been remedied those requirements within the meaning of Article 230 (5), in the form provided for in Article 230 (5), the Board of Appeal shall, by order of order, declare the appeal not to be prepared, and the contested decision shall, where appropriate, be final. This order can be filed against the Social Room of the Supreme Court.

3. In preparation of the appeal, the judicial secretary shall grant the party or parties, on the order of preparation, the period of 15 days to formalize the appeal, for the period of time, from the notification of the decision to the lawyer. The Commission shall, in accordance with Article 48 of Regulation (EC) No 296/97, provide the Commission with a view to the application of the provisions of this Regulation, in accordance with the procedure laid down in Article 48 (1) of Regulation (EC) No 71/1999. have such means. This time limit shall be fixed at any time when the lawyer has collected or examined the cars at his disposal. If the Chamber has a means of simultaneous transfer or access to the proceedings to all the parties, it shall have the effect of making it available, as well as the formalisation of the appeal, within a period of common all recurring.

Article 210. Interposition of the resource.

1. The statement of formalisation shall be submitted to the Chamber which issued the contested decision, by the lawyer appointed for the purpose who, if not otherwise indicated, shall assume from that time the representation of the party on the appeal, with as many copies as parties under appeal and designating an address for the purposes of notifications, with all the data necessary for their practice, for the purposes of Article 53 (2).

2. In writing, each of the grounds of appeal, in accordance with the order referred to in Article 207, shall be expressed separately, with the necessary rigour and clarity, by reason of the relevance and substantiation of the reasons and the specific content of the infringement or infringement committed, making precise mention of the substantive or procedural rules infringed, as well as, in the case of an invocation of bankruptcy of jurisprudential doctrine, of the concrete resolutions establishing the doctrine invoked and, in particular, the following ends:

(a) In the grounds based on infringement of the procedural rules and guarantees, the protest must be entered, request for a remedy or remedy to remedy the failure or transgression in the instance, if there was a moment appropriate procedural and the effect of defencelessness produced.

(b) In the grounds of error of fact in the assessment of the test, each of the documents in which it is based and the extreme concrete to which it relates must be indicated in a precise manner, offering the alternative formulation. of the proven facts that are advocated.

3. If the appeal has not been formalised within the time limit given to the effect or if the conditions required have been omitted in the written procedure, the Chamber shall decide to terminate the proceedings of the appeal, in so far as it is the appellant, the judgment or the contested decision. Against that order, upon replacement before the Chamber, a complaint shall be made before the Social Chamber of the Supreme Court.

Article 211. Move to other parts.

1. Once the resource or resources have been formalized within the period granted and with the required requirements, the judicial secretary shall provide within two days of his transfer to the other parties on a common term of ten days for his or her impeachment.

The document of impeachment must be accompanied by as many copies as the other parties for their transfer to them. In the same case, the various grounds for challenge, correlating to the contrary, and the causes of inadmissibility which it considers to be concurrent, as well as, where appropriate, other subsidiary grounds, shall be developed separately. the judgment in the judgment under appeal or any corrections of facts which, irrespective of the grounds applied by the latter, could also support the assessment of the claims of the opposing party, observing similar requirements the required for the formalization of the resource.

The document must be subscribed by a lawyer, who, if not indicated otherwise, will assume from that moment the representation of the party in the resource, designating domicile with all the necessary data for notifications in the headquarters of The Social Room of the Supreme Court.

2. During the period of challenge, the orders shall be made available to the party or to the lawyer appointed for that purpose in the judicial office of the Chamber for delivery or examination. In the event that the Chamber has the cars in electronic form or is accessible by telematic means, it may replace the material transfer of the action by such means, as provided for in Article 48 (1).

3. The written or written of the impeachment shall be transferred to the parties. If, in the case in question, the application or the subsidiary grounds of the judgment under appeal referred to in the preceding Article are inadmissible, the other parties may, if they consider it appropriate, submit directly their arguments in this respect, together with the corresponding copies for their transfer to the other parties, within five days of receiving the impeachment.

Article 212. Referral of the cars.

After the period of dispute and, where appropriate, the case of claims in paragraph 3 of the previous Article, whether or not written in such a way, and after the allegations have been moved if they have been submitted, they shall be raised. the cars to the Social Room of the Supreme Court within five days.

Article 213. Decision on the admission of the resource.

1. If the orders in the Social Chamber of the Supreme Court are received, if the judicial secretary appreciates any subsable defects in the appeal, he shall give the party a period of five days to that effect for the contribution of the documents omitted or under-healing. of the defects appreciated. Failure to carry out the remedy in the time and form laid down by the Chamber shall give the right to refuse the appeal by stating the firmness in its case of the judgment under appeal, with the loss of the deposit constituted and the referral of the proceedings to the Chamber of provenance. Only replacement shall be made against that order.

2. If the Registrar appreciates insubsainable defects, the Chamber shall be given the opportunity to adopt the decision as appropriate.

3. If the secretary has not appreciated defects, or after the warning has been remedied, he shall account for three days of the rapporteur for the instruction of the cars. The Judge-Rapporteur shall inform the Chamber of the action brought and, if he considers that there is a cause of inadmission, after a five-day report of the Prosecutor's Office, he shall order the appeal. If the cause of inadmissibility in the dispute has not been alleged, the appellant shall be heard on such an extreme basis for five days.

4. They are grounds for inadmissibility, failure to comply in a manifest and unsubsainable manner of appeal, the absence of the object of the appeal, the absence of a case-law of the claim and the fact that others have been dismissed resources in substantially equal assumptions.

5. If the Chamber considers that any of the causes of inadmissibility referred to is present, it shall, within three days, declare the determination of the judgment under appeal with the imposition of costs to the appellant in the terms laid down in this Law and with loss of the deposit necessary to make use, giving to the consignations and insurances provided the appropriate destination, notifying the resolution to the parties and to the Fiscal Ministry, without any recourse against such resolution.

Where the inadmissibility relates only to one of the grounds adduced or to any of the resources brought, by order, not subject to appeal, the continuation of the processing of the remaining resources or grounds shall be provided for not affected by the partial inadmission order.

Article 214. Transfer to the Prosecutor's Office.

1. If the resource or resources have been partially or fully admitted, the secretary will then pass the cars to the Office of the Social Prosecutor of the Supreme Court, on a conventional or electronic basis, so that within ten days, he will report on the the origin or the origin of the intended appeal. The transfer will also be carried out, to the strict purposes of defense of the law, when the Prosecutor's Office is a party in the process.

2. Returned the cars by the Fiscal Ministry along with their report, if the Chamber deems it necessary the judicial secretary will point out day and time for the celebration of the view. In another case, the Court shall indicate the day and time for deliberation, voting and failure, with one or more to be held within the next 10 days.

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

Article 215. Effects of the statement.

The judgment, if the appeal is considered for all or some of its reasons, by marrying the contested decision, will be settled by 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 referred to in Article 207 (c) shall be considered to be in order to replace the action to the state and time at which the offence was incurred, unless the infringement had occurred. during the trial, in which case they shall be replaced at the time of their statement.

If the offence committed will deal with the regulatory rules of the judgment, the estimation of the reason will force the Chamber to resolve the relevant, within the terms of the debate. However, if it is not possible to do so, because the factual account of the contested decision is insufficient and cannot be completed by the relevant procedural law, it shall agree to the nullity in whole or in part of that judgment and the following proceedings, in the event of partial annulment of the ends of the contested decision which retain their firmness, and order the action to be taken at the time of the judgment, in order for the deficiencies to be revealed and to follow the orders their legal tender.

(c) If any of the other reasons referred to in Article 207 are to be estimated, the Chamber shall decide what is appropriate within the terms in which the debate appears, with preference to the substantive resolution of the dispute, even on unresolved extremes at the time in the judgment under appeal for having appreciated some obstativous circumstances, as well as, where appropriate, on the arguments deducted in the articles of impeachment, provided that the factual account Proven and other non-challenged antecedents in cars will be sufficient.

Article 216. Return of quantities entered.

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.

Article 217. Loss of the quantities entered.

1. If the appeal is dismissed and the appellant has had to enter in cash the amount of the sentence or to secure the amount and to constitute the deposit, the judgment shall have the loss of the consignations to which the destination is given. (a) corresponds to or maintain the security provided until the judgment is complied with or, where appropriate, the execution of the security and the loss of the said deposit is resolved.

2. In the event that the Board of Appeal has imposed on the party which has acted in bad faith or is afraid of the fine referred to in Article 75 (4) and Article 97 (3), the judgment of the Chamber shall take a decision on such extremes, and on the attorneys ' fees if they had been taxed in the judgment under appeal. The Chamber may impose such sanctions and measures on the appellants to appreciate either fear or bad faith in the performance of the parties or their procedural representation during the appeal.

TITLE IV

From the appeal for the unification of doctrine

Article 218. Actionable statements.

They are appealing for the unification of doctrine, the sentences handed down in supplication by the Chambers of the Social of the Superior Courts of Justice.

Article 219. Purpose of the resource. Legitimization of the Fiscal Ministry.

1. The purpose of the appeal shall be the unification of a doctrine on the occasion of judgments handed down in pleadings 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 referred to above, or with judgments of the Supreme Court, in respect of the same litigants or other different persons in the same situation where, on the merits of facts, foundations and claims substantially equal, different pronouncements.

2. It may be argued as a doctrine of contradiction as laid down in the judgments handed down by the Constitutional Court and the courts established in the Treaties and international agreements on human rights and freedoms. These are the fundamental principles of the Treaty on European Union, which have been ratified by Spain, provided that the budgets of the previous number are met. The judgment which resolves the appeal shall be limited, at that point of contradiction, to the granting or refusal of the protection of the right or freedom invoked, in the light of the applicability of that doctrine to the case raised.

With the same requirements and scope as to its applicability, the doctrine established in the judgments of the Court of Justice of the European Union in the interpretation of Community law may be invoked.

3. The Ministry of Taxation, in its role of defence of legality, of its own initiative or at the request of the trade unions, employers ' organisations, representative associations of economically dependent self-employed workers or public entities which, by the powers conferred on them, they have a legitimate interest in the case-law of the case-law, and irrespective of the powers conferred on it in accordance with the following Article of this Law, may appeal for the unification of doctrine. Such an appeal may be brought when, without a unified doctrine in the matter in question, a separate decision has been made by the High Courts of Justice, in the interpretation of the same substantive or procedural rules. and in substantially equal circumstances, as well as when the difficulty is found that the question can have access to the unification of doctrine according to the requirements ordinarily required or when the rules questioned by the courts of the social order be of recent validity or application, for less than five years in At the time of the first instance, there were not enough and adequate resolutions on all the issues discussed that met the requirements of paragraph 1 of this article.

The appeal may be prepared by the Office of the Court of Justice of the Supreme Court within 10 days of the notification to the Prosecutor's Office of the Autonomous Community of the contested judgment, by means of a reduced manifestation of the purpose of initiating the resource and succinctly exposing the foundation that will be proposed to be developed in it.

The document shall be submitted to the Chamber which issued the contested decision and shall be transferred to the other parties, whether or not they have prepared the same remedies. The parties may within the following five days, request that in the appeal the Prosecutor's Office interests the alteration of the particular legal situation resulting from the judgment under appeal and the content of the pretenses that the ministry The public would have to make their name in such a case.

The previous deadline, although no written submissions of the parties have been submitted in the expressed sense, within the following five days will be raised the cars to the Social Hall of the Supreme Court along with the (a) any written preparation which would have been submitted and any action taken up to that date in the state in which it is situated, after the judicial secretary has placed the other parties on a position which he or she would not have appealed for a person in writing by a lawyer before the Social Chamber of the Supreme Court within the time limit of the the following 10 days, the representation of the part of not previously recorded in the proceedings must be credited. The appellant shall, where appropriate, and the Prosecutor's Office be understood as persons entitled to the transfer of the cars.

Further action shall be taken before the Social Chamber of the Supreme Court in accordance with the rules laid down in Articles 222 to 228 with the necessary adaptations taking into account the specialities of this modality. of the resource.

In the event of an estimate of the appeal, the judgment shall determine in the judgment the case-law of the case and may affect the legal situation arising from the judgment under appeal in accordance with the pretenses by the Prosecutor's Office and by the parties to the appeal which have acceded to it.

In the absence of a party application or in the event that the parties have not appealed, the judgment shall respect the particular legal situation arising from the judgment under appeal and in so far as it affects the claims deducted by the Tax Ministry, if it is an estimate, will fix the case in the case of the case law. In this case, the ruling will be published in the Official Gazette of the State and, on the basis of its insertion into it, will complement the legal order, linking in such a concept to all the judges and courts of the social order different to the Supreme Court.

Article 220. Preparing the resource.

1. The appeal may be prepared by either party or the Ministry of Public Prosecutor within 10 days of the notification of the contested judgment.

2. During the period referred to in the preceding paragraph, the parties, the Prosecutor's Office or the lawyer appointed for that purpose shall have at their disposal in the judicial office of the High Court of Justice the orders for examination, by electronic or telematic means, if they are available to them.

Article 221. Form and content of the resource preparation writing.

1. The appeal shall be prepared in writing to the Social Chamber of the High Court of Justice which issued the judgment of appeal, with so many copies as recurrences and designating an address at the seat of the Chamber of the Social Supreme Court for the purposes of notifications, with all the data necessary for its practice and for the purposes of Article 53 (2).

2. The written preparation must be signed by a lawyer, certifying the representation of the part of not previously recorded in the proceedings, and shall express the purpose of the part of formalizing the resource, with succinct exposure of the concurrency of the required requirements. The document must:

a) Expose each of the extremes of the core of the contradiction, determining the meaning and scope of the divergence existing between the resolutions compared, in attention to the identity of the situation, to the substantial equality facts, fundamentals and pretensions and the difference in pronouncements.

b) Make detailed and accurate reference to the identifying data of the statement or statements that the party intends to use to substantiate each point of contradiction.

3. The statements invoked as a contradiction doctrine must have gained firmness to the end date of the time of the appeal.

4. Judgments which have not been expressly mentioned in the preparation document may not be subsequently invoked in the written form of interposition.

Article 222. Resolution on the preparation of the resource.

1. In accordance with the conditions laid down for appeal, the Registrar shall have the appeal. Against this judgment the contested party may not bring any action, but may object to the admission of the appeal by the person before the Social Chamber of the Supreme Court.

If the judicial secretary appreciates the existence of subsable defects, it shall require his or her under-healing in accordance with Article 230 (5), giving the Chamber the account if it does not occur to resolve as appropriate.

2. If the contested decision is not subject to appeal, if the appeal has not been prepared within a period of time, if the preparation document does not contain the particulars required for the purposes of the appeal, or if the appellant has failed to fulfil its obligations, the the conditions necessary for the preparation of the appeal in a non-subsainable manner or have not remedied those requirements within the term conferred on it, in the manner laid down in Article 230 (5), shall be declared by the Board of Appeal, by order, to have the appeal not prepared, and if necessary, the resolution Contested. This order can be filed against the Social Room of the Supreme Court.

Article 223. Interposition of the resource.

1. Prepared in time and in the form of an appeal, the Registrar shall, within two days of the following, grant the party or parties recurring the common period of 15 days to bring proceedings before the same Pleading Chamber, on the basis of the notification of the decision to the appointed lawyer or lawyer, during which time the cars shall be at their disposal in the judicial office of the Chamber for delivery or examination, if they deem it necessary. In the event that the Chamber has the cars in electronic form or is accessible by telematic means, it may replace the material transfer of the action by such means, as provided for in Article 48 (1).

2. The application must be signed by a lawyer, with as many copies as recurrences, and meet the requirements of Article 224.

3. If the case is not made or if it has been carried out, the appeal shall be deserted and the judgment shall be signed, with the consequences laid down in Article 225 (5). Against the order that so establishes, upon replacement, you may have recourse in complaint to the Social Room of the Supreme Court.

4. The Court of Justice shall, in accordance with the provisions of Article 224 (3) of the Treaty, submit to the Court of Justice the right of the Court of Justice of the European Union. by a lawyer before the Social Chamber of the Supreme Court within the following 10 days, with the particulars referred to in Article 221 (1) and must prove the representation of the part of not previously recorded in the actions. The recurring party shall be understood as being entitled to the order of reference.

5. The orders shall be submitted by the Registrar within five days following the site.

6. The preparation and the interposition of the appeal shall be made by the lawyer who has attended the party up to that point, including by virtue of the appointment of an office, unless a new appointment is made.

Article 224. Content of the interposition document of the resource.

1. The interposition document of the resource shall contain:

(a) A precise and circumstantial relationship of the contradiction alleged in the terms of Article 221 (2) (a), evidencing that there is a substantial contradiction of judgments and arguing about the concurrency of the identities of Article 219.

(b) The basis of the legal infringement committed in the contested judgment and, where appropriate, of the bankruptcy produced in the unification of the interpretation of the law and the formation of the case-law.

2. In order to comply with the requirements of paragraph (b) of the preceding number, the statement shall, with the necessary precision and clarity, express the relevance of each of the grounds of appeal, in relation to the points of (a) Contradiction referred to in paragraph (a) above, in the order referred to in Article 207, except paragraph (d), which shall not apply, reasoning the relevance and substantiation of each reason and the specific content of the infringement or infringement committed, making precise mention of the substantive or procedural rules infringed, as well as, in the the case that the unification of the interpretation of the law is invoked, making succinct reference to the applicable individuals of the resolutions establishing the jurisprudential doctrine invoked.

3. Only one sentence may be invoked for each point of contradiction, which must necessarily be chosen from among those designated in the preparation document and be signed at the time of the end of the period of interposition.

4. In writing, if not previously provided, a certified statement of the contrary judgment or judgments may be made, stating its firmness on the date of expiry of the period of interposition, or with certification. The Court of First Instance held that the Court of First Instance held that If the appellant does not provide the certification of the judgment and its firmness in a timely manner, it shall be claimed on its own initiative by the Secretariat of the Chamber.

Article 225. Decision on the admission of the resource.

1. If the Court of Justice appreciates the insubsainable defect of having prepared or interposed it, it will decide to terminate the proceedings of the appeal, against which only the judicial secretary will appreciate the insubsable defect of having been prepared or filed. Review resource will proceed.

In order to assess subsable defects in the processing of the resource, or in its preparation and interposition, it shall grant the party a period of ten days for the contribution of the omitted documents or the subhealing of the defects appreciated.

If the time and form of the remedy are not to be performed, the Chamber will be given the opportunity to resolve what is appropriate and to give an order to terminate the proceedings of the appeal. under appeal, with loss of the deposit constituted and referral of the proceedings to the Chamber of provenance. Only replacement shall be made against that order.

2. If the Registrar has not been found to be defective, or after the warning has been issued, or if the Registrar shall assess insubsainable defects, either in the preparation or in the interposition, other than in the preparation or interposition thereof, he shall give The Court of Justice has been given a three-day instruction to the magistrate.

3. The Judge-Rapporteur shall give an account to the Chamber of the action brought and the causes of inadmissibility which I shall appreciate, if appropriate. If the Chamber considers that any of the causes of inadmission referred to is present, it shall agree to hear the appellant on the same grounds for a period of five days, with a subsequent report by the Ministry of Public Prosecutor for another five days, if he has not brought the action.

4. Failure to comply in a manifest and unsubsainable manner of the procedural requirements for preparing or bringing the action, the absence of the object of the appeal, the lack of the casational content of the claim and the Other resources in substantially equal assumptions have been dismissed in the fund.

5. If the Chamber considers that any of the causes of inadmissibility are to be found, it shall, within three days, declare the inadmissibility and the firmness of the judgment under appeal, with the appellant of the costs incurred, the parties under appeal have appeared on the appeal, in the terms laid down in this Law and without recourse to that decision. The self-admission shall, where appropriate, result in the loss of the constituted deposit, giving to the consignations and insurances provided the appropriate destination, in accordance with the sentence of request.

Where the inadmissibility relates only to one of the grounds adduced or to any of the remedies, the continuation of the processing of the remaining resources or grounds not affected by the self-admission shall be made available. partial.

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

Article 226. Processing.

1. If the contested party or parties have not been personified, the proceedings of the appeal shall proceed without their intervention.

2. If there has been no reason for inadmissibility in the appeal, the Registrar shall transfer the document of interposition to the party or parties to the proceedings so that they may be challenged within the common period of 15 days, during which time, from the notification of the decision to the appointed lawyer, the cars shall be at their disposal in the judicial office of the Court for examination. In the event that the Chamber has the cars in electronic form or is accessible by telematic means in the same Chamber, it shall be deemed to be made available to the procedural representation from the time of delivery of the copy or (a) support or provision for such means of action.

3. The Registrar shall then transfer from the cars to the Office of the Social Prosecutor of the Supreme Court, in conventional or electronic support, whether submitted or not written of impeachment, so that within ten days report on the the origin or the origin of the intended appeal. The transfer will also be carried out in the strict defense of the law, even if the Prosecutor's Office is part of the process. Where the action has been brought directly by the Prosecutor's Office in defence of the legality pursuant to Article 219 (3), no such transfer shall be made.

Article 227. Deliberation, voting and failure.

1. Returned the cars by the Fiscal Ministry, along with their report, the Room will agree to point out, within the next ten days, for deliberation, voting 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, by himself, or on a proposal from the majority of the Magistrates of the Chamber, may agree that the case may be constituted with five Magistrates, or, in a reasoned opinion, in plenary.

Article 228. Statement.

1. The pronouncements of the Social 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 judgment shall provide for the cancellation or the total or partial maintenance, if any, of the consignations or insurances provided, in accordance with their pronouncements.

TITLE V

From common provisions to appeals and appeals

Article 229. Deposit for use.

1. All who, without having the status of a worker, a person who is a person or a beneficiary of the public social security scheme, announces an appeal or an appeal, shall enter as a deposit:

a) Treshundreds euros, if it is a request for a request.

(b) Seishundreds euro, if the appeal is the appeal including the appeal for the unification of doctrine.

2. Deposits shall be made up of the deposit and entry accounts for the body which has issued the decision under appeal. The judicial secretary shall verify in the account the performance of the income, and must be recorded in the procedure.

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

4. The State, the Autonomous Communities, the local authorities and the entities governed by public law with their own legal personality linked to or dependent on them, as well as the public law entities governed by their specific rules and the (a) constitutional bodies shall be exempt from the obligation to constitute deposits, rubings, consignations or any other type of security provided for in the laws. The trade unions and those who have recognized the benefit of free justice will be exempt from constituting the deposit referred to and the consignations that are required in this Law.

Article 230. Quantity consignment.

1. Where the judgment in question has been ordered to pay the amount, it shall be essential for the appellant who does not enjoy the right of free legal aid to prove, by announcing the appeal or in the preparation of the appeal, have entered in the appropriate credit institution and in the account of deposits and consignations opened in the name of the court, the amount which is the subject of the sentence, and the cash entry may be replaced by the guarantee of indefinite duration and payable at first requirement issued by entity of credit. In the latter case, the insurance document shall be registered and deposited with the judicial office. The Registrar shall give evidence of the same for his/her union to the car, providing the appropriate receipt.

In the case of a solidarity conviction, the obligation of entry or assurance will reach all those convicted with such character, except that the consignment or the insurance, although carried out only by one of the convicted, (a) it expressly provides solidarity with respect to all of them in order to fully respond to the conviction that may ultimately be held against any of them.

When the conviction has been made for the first time in the pleading judgment, or the amount previously recognized in the instance judgment, the consignment or insurance regulated in the case has been increased to the same This Article shall be made for the first time, or supplemented to the appropriate extent, in the preparation of the appeal.

2. The following rules apply in the field of Social Security:

(a) Where the right to receive benefits is recognised in the judgment to the beneficiary, in order for the person to be entitled to make use of the payment of such benefit, he must have entered the General Treasury of Security Social capital cost of the pension or the amount of the benefit to which it has been convicted in the judgment, in order to pay the beneficiaries during the substantiation of the appeal, presenting in the judicial office the appropriate safeguard, which is witness in cars, remaining in the custody of the secretary.

The same income must be made responsible for the surcharge due to lack of security measures, in terms of the percentage that has been recognized for the first time in court and in respect of the pensions caused up to that the time, after fixing by the General Treasury of the Social Security of the capital cost or amount of the corresponding surcharge.

In cases where the income of the cost capital or the amount of the benefit is not applicable, the general rules of paragraph 1 of this Article shall be applicable.

(b) Where the capital cost of the pension or the amount of the benefit referred to in paragraph (a) above is made, once the appeal has been announced or prepared, the Registrar shall give due diligence in order to (i) transfer to the General Treasury of Social Security for the purpose of fixing the cost capital or the amount of the benefit to be paid. 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.

(c) If the judgment is to be condemned to the Social Security Management Entity, it shall be exempt from the income provided for in paragraphs (a) and (b) above, but must file before the judicial office, when announcing or preparing its (a) the right to apply, to the extent that the person concerned is entitled to the benefit of the benefit of the benefit, and who is entitled to the benefit of the benefit of the benefit of the benefit of the benefit; already exhausted at the time of the announcement. Failure to do so effectively will terminate the review of the resource.

(d) Where the conviction relates to voluntary improvements of the protective action of the Social Security, the convicted or responsible person shall be obliged to make the entry or assurance of the conviction before the court in the the form set out in paragraph 1 of this Article.

3. The foregoing requirements for the entry and assurance of the sentence must be justified, together with the lodging of the deposit necessary to appeal, where appropriate, at the time of the announcement of the appeal or the preparation of the appeal. on appeal. If the notice or the preparation of the appeal has been made by means of a mere demonstration at the time of the notification of the judgment, the deposit and the entry or insurance may be effected until the expiry of the prescribed period for the purpose of the notice or preparation of the appeal, in the latter case stating such extremes within the same time limit before the judicial office by the relevant supporting documents.

4. If the appellant has not made the entry or assurance of the quantity to be condemned in the manner prevented in the preceding paragraphs, including the specialities in the field of social security, the court or the Chamber shall have the right to announced or by not prepared the appeal or appeal, as appropriate, and shall declare the determination of the judgment by order against which it may be appealed against the Chamber which it would have had to know of the appeal.

5. The Registrar shall grant the appellant, prior to the decision on the notice or preparation, a period of five days for the purpose of the correction of the defects, if the appellant has incurred defects. consistent with:

(a) Failure of the consignment or insurance to be recorded, including the specialities in the field of social security.

(b) Failure to provide, at the time of the notice or preparation of the appeal, the supporting documents for the consignment or the insurance, provided that the requirement has been completed within the period of notice or preparation.

c) Defect, omission, or error in the constitution of the deposit or in the documentary justification thereof.

d) Lack of accreditation or insufficient accreditation of the necessary representation or of any formal requirements of a subsable character necessary for the announcement or preparation.

6. Failure to do so in time and form will dictate order to end the process of the resource, the resolution being signed. It may be lodged against that order before the Chamber which would have been aware of the appeal.

Article 231. Appointment of a lawyer or collegiate social graduate.

1. If the appeal is that of pleading, the appointment of a lawyer or a collegiate social graduate shall be made before the court at the time of announcing the appeal, understanding that it assumes the representation and technical direction of the appellant. the same as having acted with such a character in the instance, unless a new designation is expressly made.

2. In the ordinary appeal, the appointment of a lawyer shall be made by the parties to the Social Room of provenance within the time limit for their preparation or challenge, as appropriate. In the appeal for the unification of doctrine, the appointment shall be made by the appellant in preparation before the Chamber of provenance, and by the other parties before the Social Chamber of the Supreme Court within the meaning of the placement for your personation. In both cases, it shall be understood that the appellant is represented by the same lawyer who has acted with such a character before the Board of Appeal, unless a new designation is expressly made.

3. The designation may be made by appearance or in writing. In the latter case, even if no power of attorney is accompanied, there will be no need to ratify. If there is no express designation of representative, the lawyer or the collegiate social graduate shall also be deemed to have been represented. In any event, all the data in the professional address, as well as the e-mail address, telephone and fax of the designated professional to be represented by the party during the appeal, with the other charges, must be provided. of Article 53 (2).

4. Where the appellant does not appoint a lawyer or a registered social graduate, if he is a worker, beneficiary or an employer who enjoys the right of free legal assistance, unless he has previously appointed him He shall be appointed as a lawyer for that turn by the court on the day following the end of the period for announcing the appeal.

5. The appointment of a lawyer of his own office for any of the litigants mentioned in the previous issue in the instance includes the formalities for the announcement, preparation, formalization, interposition or challenge of the respective appeal, without need of a new designation of office, except in the case of an appeal for the unification of a doctrine, in which the appointment of a lawyer of the court under appeal, in the same cases, shall be made at the time of the person's appointment to the Court Supreme. In the ordinary appeal, where appropriate, the appropriate appointment of a lawyer shall be made for the subsequent proceedings of the parties which are necessary during the application of the appeal to the court.

Where jurisdiction for the knowledge of appeals or appeals is a matter for a court whose seat is located in the same locality as the court or tribunal which issued the decision The contested decision shall not require the appointment of a new court of office for proceedings before the court to decide the appeal.

Article 232. Appointment of a lawyer on his own initiative.

1. If the lawyer has been appointed for the first time for the proceedings of the appeal, the time-limits for interposition, formalisation or challenge shall begin to run from the date on which he is notified that the cars are to his a provision in the judicial office of the court for examination, provision or delivery, as appropriate. In the event that the Chamber has the cars in electronic form or is accessible by telematic means in the same Chamber, it shall be deemed to be made available to the procedural representation from the time of delivery of the copy or (a) support or provision for such means of action.

2. If the appointed lawyer of its own motion considers that the claim is infeasible, he shall submit it to the Chamber in writing without reasoned opinion within five days, without prejudice to the fact that he is acting in accordance with the procedure laid down in Articles 32 to 35 of the Treaty. Law 1/1996, of 10 January, of Free Legal Assistance. The calculation of the time limit for the interposition of the appeal will be suspended until the viability of the claim by the Commission for Legal Aid is materially resolved. The party shall communicate the appointment of a lawyer to the court or the Chamber within a period of five days, agreeing to make the orders available to the designated person in the manner set out in the preceding paragraph. In another case, the proceedings of the appeal shall be terminated. If the appeal is the one for pleading, the party may also avail itself for its technical representation of the collegiate social graduate of its free designation.

3. If the appointed lawyer or legal counsel does not carry out the reference performance within the time limit indicated above, they shall be obliged to carry out such action within the prescribed time limit.

Article 233. Admission of new documents.

1. The Chamber shall not admit to the parties any document or allegations of facts which do not result from the file. However, if any of the parties submitted any final judgment or judgment or final administrative judgment or documents in order to resolve the appeal which it would not have previously been able to provide to the proceedings for reasons other than those of the imputable, and in general where, in any event, a subsequent review appeal may be made for that reason or is necessary to prevent the infringement of a fundamental right, the Chamber, hearing the opposing party within the three-day period, shall, within two days of the following, be provided with a self-order against which no replacement is to be provided, where appropriate to the pro-rapporteur part of those documents, if they are not to be taken into consideration. If the document is accepted, the proposing party shall be transferred to the party so that, within five days, it shall supplement its appeal or its challenge and for another five days to the party contrary to the relevant purposes.

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.

Article 234. Accumulation.

1. The Chamber shall agree on a reasoned and without further appeal, on its own initiative or at the request of a party, before the vote and judgment has been taken or, where appropriate, for hearing the accumulation of the proceedings in which the identity of the object and the identity of the either of the parties. However, cumulation may be left without effect in whole or in part if there are subsequently reasons to justify its separate processing.

2. The rapporteur shall be appointed as rapporteur for the accumulated resources which he would have first appointed, and on an equal basis, to the most modern.

3. In the case of claims arising from the same accident at work or occupational disease, where there is more than one section, the Section which is aware of the first of those resources shall be aware of them, provided that the the circumstances of the proceedings or the fact that the Court has been shown by one of the parties.

4. Accumulation will produce the effect of discussing and resolving all the issues raised together.

5. The Registrar shall ensure that the provisions of this Article are complied with by bringing to the attention of the Court the resources in which those requirements are met, in order to be resolved on cumulation.

Article 235. Imposition of costs and compromise.

1. The judgment will pay the costs to the party in the appeal, except where it enjoys the benefit of legal aid or in the case of trade unions, or civil servants or statutory staff who are required to exercise their rights as employees. public in the face of social order.

The costs shall include the fees of the lawyer or of the registered social graduate of the opposing party who have acted in the proceedings in defence or in the technical representation of the party, without the attribution on the coast of such fees may exceed the amount of one thousand two hundred euros on appeal and one thousand eight hundred euros on appeal.

2. The general rule on the maturity set out in the preceding 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 any of the parties which in that process or in the appeal would have acted with fear or bad faith.

3. The Chamber which resolves the appeal or appeals or declares its inadmissibility may impose on the appellant who has acted in bad faith or recklessly the fine referred to in Article 75 (4) and Article 97 (3). as when he understands that the resource was interjected with dilatory purpose. Similarly in such cases, it shall impose on such litigant, except in the case of a worker, official, statutory staff or beneficiaries of social security, the fees of the lawyers and, where appropriate, of the employed collegiate social graduates in the appeal within the limits set out in the first paragraph of this Article. Where the Chamber intends to impose the above measures on its own initiative, it shall previously hear the parties in the form it lays down.

4. The parties may, at any time during the proceedings of the appeal, reach a compromise which, if there is no serious injury to any of the parties, fraud of law or abuse of law, shall be approved by the court or tribunal which the action is being dealt with, by order, thereby putting an end to the dispute and taking on each side the costs caused to its instance, with the return of the deposit constituted. The compromise, once approved, replaces the content of the judgment or judgments previously handed down in the process and the resolution which it is the same as the executive title. The challenge of the judicial transaction thus reached shall be brought before the court which has agreed to the approval, by means of the parties to the action for annulment for the reasons which invalidate the contracts or the The Court of Justice

that the Court of First Instance held that the Court of Justice held that the Court of First Instance held that the Court of First Instance held a hearing.

TITLE VI

From review of firm judgments and arbitration awards, and from the process of judicial error

Article 236. Judicial review and error, jurisdiction and processing.

1. Against any firm judgment given by the courts of the social court and against the firm arbitration awards on matters which are the subject of knowledge of the social order, the review provided for in Law No 1/2000 of 7 January 2000 will proceed. Civil prosecution, for the purposes of Article 510 and the provisions of Article 86 (3) of this Law. The review will be requested before the Social Room of the Supreme Court.

The review will not take place, unless the court or tribunal agrees to do so. In the case of a conviction on the coast, the provisions of the previous article and the deposit to be used shall be the amount specified in this Law for the appeals.

The review will be inadmissible if the procedural requirements and budgets are not met or the jurisdictional resources that the law provides for the judgment to be considered to be firm, as well as if is formulated for the same reasons that could have been raised, of concurring the budgets for this, in the incident of nullity of actions regulated in article 241 of the Law Organic of the Judiciary or through the hearing to the defendant a rebel established in Article 185 of this Law, or when those who are referred to have been rejected by firm resolution.

2. The process of judicial error, aimed at repairing the damage caused by a firm erroneous resolution which lacks the possibility of rectification by the normal means of the resources, when it falls within the jurisdiction of the Social Room of the Supreme Court, will continue with the procedures and requirements established for the declaration of judicial error in articles 292 and concordant with the Organic Law of the Judicial Branch, with the specialties on deposits, view and costs established for the review and without the assessment of the error may be based on evidence other than those practised in the procedural actions from the same alleged error.

FOURTH BOOK

From the execution of statements

TITLE I

Running statements and other executive titles

CHAPTER I

General character provisions

Section 1. General Rules

Article 237. Competence.

1. Final judgments and other titles, judicial or extrajudicial, to which this Law grants effectiveness in order to directly initiate an execution process, shall be carried out in the manner established by the Law on Civil Procedure for the execution of judgments and titles constituted with judicial intervention, with the specialties provided for in this Law.

2. Enforcement shall be carried out by the judicial body which has known the case at the request, including the case of a decision approving or approving judicial transactions, mediation agreements and agreements reached in the proceedings. Where, in the constitution of the title, no judicial intervention has been mediated, the court in whose jurisdiction the jurisdiction has been constituted shall be competent.

3. In the cases of accumulation of executions and in the cases of the exclusive attribution of the knowledge of the execution to certain Courts of the Social in the field of the same constituency, it will be subject to its specific regulation.

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.

5. In the event of a contest, it will be established in the Law of the Bankruptcy.

Article 238. Incidental issues.

The incidental issues to be promoted shall be substantiated by quoting from the parties, within five days, the parties, who may plead and prove their right, by concluding by order or, where appropriate, by decree to be issued within three days. The self-determination of the incident, of being impugable in supplication or appeal, addressed to the character of the matters decided upon, shall express the facts which it considers to be proven.

When the hearing is held before the Magistrate, it shall be recorded in support suitable for the recording and reproduction of the sound and the image as provided for in Article 89.

Article 239. Request for execution.

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 may be applied for as soon as the judgment or enforceable judgment has been lodged or since the title has been constituted or, where appropriate, since the obligation declared in the enforceable title was enforceable, by means of written by the person concerned, in which, in addition to the identifying data of the parties, he shall express:

(a) In general, the class of executive guardianship that is intended in relation to the executive title adduced.

(b) In the case of cash runs, the liquid amount claimed as principal, as well as the amount deemed for interest on late payment and costs in accordance with Article 251.

(c) The goods of the executed person liable for which he has knowledge and, where appropriate, if he considers them sufficient for the purpose of the execution.

d) The measures you propose to bring the execution to due effect.

In the case of extrajudicial titles or decisions given by another court or tribunal, the testimony of the judgment must be accompanied, with the expression of its firmness, or the certification of the administrative body, Corresponding conciliator, mediator or arbitration.

3. The execution will be initiated, the same will be dealt with ex officio, with the necessary resolutions being dictated to the effect. The waiting period provided for in Article 548 of the Civil Procedure Law shall not apply. However, if the party executed in its entirety fulfils the required obligation contained in the title, including in the case of execution, the payment of the procedural interests shall be paid if they proceed, within the period of 20 days following the date of finality of the judgment or judgment enforceable or since the title has been constituted or, where appropriate, since the obligation declared in the enforceable title was enforceable, the costs of the execution shall not be imposed on him has been urged.

4. The court shall issue enforcement whenever the budgets and procedural requirements are met, the executive title shall not be subject to any formal irregularity and the implementing acts which are requested shall be in accordance with the nature and content of the title. The order in which the application for enforcement may be made may be brought in the case of a replacement, in which, in addition to alleging possible infringements of the decision and the enforcement or non-compliance with the budgets and required procedural requirements, the opposition to the execution may be deducted on the grounds of payment or documented compliance, limitation of the executive action or other non-effective, non-extinguishing or exclusive facts responsibility which is intended to be carried out as long as it has occurred after its establishment of the title, not being the compensation of eligible debts as a cause of opposition to the execution.

The submitted replacement document shall be moved to the contrary, except that the court, in consideration of the questions raised or to affect facts in need of proof, agrees to follow the incidental processing of Article 238.

5. The failure of a judgment or other enforceable title can be decreed only if, in a reasoned decision, it is based on a legal and non-interpreted legal rule. An application for an ordinary appeal or an ordinary appeal shall, where appropriate, be brought against the order of the applicant for an appeal against the order to be lodged against the order in which the execution is refused.

Article 240. Parts and subjects of the execution.

1. 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 which may be affected by the execution in question, have the right to intervene on an equal basis with the parties to the acts which affect them.

2. The modification or change of the parties to the execution must be carried out, to mediate opposition and to be necessary proof, through the incidental procedure provided for in Article 238. In order to be able to be declared, it is essential that the substantive change in which it is founded, based on the legal facts or circumstances, has occurred after the establishment of the title being implemented.

3. In the case of executive titles vis-à-vis entities with no legal personality acting in traffic as distinct subjects, enforcement may be issued in respect of members, members, members or managers who have acted in legal or legal proceedings. in the case of workers on behalf of the institution, provided that the judgment of the judge or tribunal is satisfied, by means of the implementing incident provided for in Article 238, the status of a partner, a member, a member or a manager and the action before third parties or workers on behalf of the entity. The provisions of the preceding paragraph shall not apply to the communities of owners of buildings under horizontal ownership.

4. The Prosecutor's Office will always be part of the execution processes derived from executive titles in which the violation of fundamental rights and public freedoms has been declared, especially in the integrity of the reparation of the the victims.

Article 241. Executive guardianship.

1. The execution will take effect on the terms set in the title that is executed.

2. In the face of the party which, required for this purpose, will leave the period granted unreasonably, without carrying out the order, and until it has satisfied or fails to prove the impossibility of its specific compliance, the judicial secretary, with the aim of obtain and ensure compliance with the obligation which it executes, may, after hearing the parties, impose pecuniary awards when it carries out obligations to give, do or not to do or to obtain compliance with the legal obligations imposed in the a judicial decision. In order to fix the amount of such awards, the purpose, the resistance to the compliance and the economic capacity of the required, may be modified or left without effect, attended to the subsequent conduct and the justification that the those extremes could effect the apreed. The fixed amount, which shall be entered into the Public Treasury, shall not exceed, for each day of delay in compliance, the sum of three hundred euros.

3. In the same way and with the same formalities, 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 to achieve the proper and complete execution of the to obtain compliance with the legal obligations imposed in a court decision. This shall be without prejudice to any liability arising from the provisions of Article 75 (3

.

Article 242. Partial execution.

1. The judgment may be executed in part, even if action against it has been brought against it, in respect of the statements of the judgment which have not been contested.

2. To this end, it will be necessary, by the nature of the claims, to make a separate statement which does not prejudge the other contested questions.

3. An appeal for a request or an ordinary appeal, where appropriate, shall be brought against the order of the applicant for a replacement against the order in which the proceedings are refused.

Article 243. Deadline to request execution.

1. Without prejudice to Article 279, 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. However, in the case of the payment of periodic social security benefits, the time limit for the application of the application shall be the same as that laid down in the substantive laws for the exercise of the right to the right to the provision in question or it will be imprinted if that right has such a character in such laws.

If the managing entity or social security contributor had proceeded pursuant to article 126 of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June, the payment of the financial benefits of which he has been declared responsible for the undertaking, may request the execution of the judgment within the time limits laid down in the preceding paragraph from the date of payment by the Entity which have anticipated the benefit.

3. The execution may be initiated at any time until the obligation to execute the execution has been completed, even if the proceedings have been filed for a provisional insolvency declaration of the execution.

Article 244. Assumptions of suspension and deferral of execution.

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

a) When established by law.

b) At the request of the performer or both parties for a maximum of three months, unless the execution derives from an ex officio procedure.

2. Suspended or paralyzed the process at the request of the performer or for cause to the imputable and after one month without having urged his continuation or the period referred to in point (b) of the previous paragraph, the judicial secretary will require The Commission shall, in order to indicate, within five days, whether the implementation has to be carried forward and to request what is appropriate to it, with the warning that the action will be closed on the expiry of that period.

3. If the immediate compliance with the obligation to be carried out could result in workers dependent on the disproportionate losses in relation to which the executor would be derived from the exact non-compliance, to be endangered the continuity of the working relations subsisting on the debtor company, the judicial secretary, by means of a decree can be directly reviewed, may, after hearing of the interested parties and under the conditions established, grant a postponement for the time required.

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

Article 245. Rules for suspending execution.

1. Except in cases expressly provided for in the law, decisions given in implementation shall be carried out, notwithstanding their objection, where it is not necessary to make statements in order to appeal or to appeal, except to appeal the self-resolving of the non-readmission incident, of not being in execution at the time of the announcement or of the preparation, current and sufficient lien of goods and rights realisable in the act or the entry of quantities into the account of the court for address the amount that is the subject of the execution. The delivery of quantities may be delayed, in whole or in part, to the strength of the contested decision.

2. However, the implementing body may, for a period of time, exceptionally extended by another, suspend, with or without bail, the conduct of the executive acts which may cause damage to an impossible or difficult situation. 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.

Article 246. Transaction at run time.

1. The waiver of rights recognized by worker-friendly sentences is prohibited, without prejudice to the possibility of transaction within the legally established limits.

2. The transaction in the process of execution must be formalized by agreement, signed by all the parties involved in the execution and subject to judicial approval for its validity, and must be notified, if necessary, to the Guarantee Fund. Salary.

3. The agreement may consist of the deferral or reduction of the debt, or both at the same time, in such cases that the failure to comply with any of the agreed deadlines or partial obligations determines the end of the deferment or the expiry of the entire obligation; it may also consist in the specification, in the objective or subjective novation or in the replacement by another equivalent of the obligation contained in the title, in the of the manner of compliance, in particular of the effective payment of the debts, in the formation of the additional guarantees to be provided and, in general, in all tender covenants the parties may establish.

4. The court or tribunal shall approve the convention by order, ensuring the necessary balance of benefits and equality between the parties, unless the agreement is a serious injury to one of the parties or to third parties. fraud of law or abuse of law, or contrary to the public interest, or affects matters outside the power of the parties ' disposal. The implementation shall continue until the full compliance with the agreement is established, with the approval of the agreement as an executive title being replaced by the initial executive title.

5. The challenge of the order in which the transaction is to be approved shall be made before the court which has approved the transaction and shall be governed by the provisions of the court of justice.

Section 2. Rules on collective executions

Article 247. Execution in collective conflicts.

1. Judgments in the case of collective conflicts of claim for conviction and individual enforcement within the meaning of Article 160 (3) may be the subject of final enforcement in accordance with the rules laid down in Article 16 (3) of the Treaty. general of this with the following specialties:

a) The execution process will be initiated by written by the legitimate subjects. They are entitled, in their own name or in the name of those affected by the executive title in the conflicts of business or of the lower field, the employer and the legal or trade union representatives of the employees, and in the conflicts of higher the company, the employers ' associations and the trade unions concerned. The unit organs of the undertaking against which the execution is lodged, as well as the undertaking in respect of which it is established, shall be legitimate in this process of execution even if they have not been party to the prior procedure of the establishment of the executive title. In any event, the most representative and representative trade unions, in accordance with Articles 6 and 7 of the Organic Law 11/1985, of 2 August, of Freedom of Association, the representative business associations in the terms of the article 87 of the Staff Regulations and the bodies representing the legal or trade union of workers may be represented as parties to the implementation, even if they have not been party to the prior procedure for the establishment of the Executive Title, provided that its scope of action corresponds to or is wider than that of the conflict. The Salarial Guarantee Fund will always be part of these processes.

b) The union shall certify the authorization to urge or adhere to the process of execution with respect to its members in the manner established in Article 20 of this Law. In relation to the non-members, it shall be accredited by means of documented authorization before any judicial or mediation body or social reconciliation or before the person expressly authorized by the union itself stating that it is under his or her responsibility for the authenticity of the worker's signature in the authorization made in his presence and accompanying the appropriate accreditation documents. The latter system of accreditation shall apply in the event that, in the case of enforcement, it is a unit of unitary representation of workers.

(c) The judicial secretary, who has proven the active legitimisation of the performers and that the executive title is capable of individual execution in the terms laid down in Article 160 (3) of this Law, will require the the party executed so that, in the case of pecuniary execution, within one month, which may be extended for another month, where the complexity of the case so requires, in respect of each of the workers in whose representation the execution is established, quantifies the debt individually and propose, where appropriate, a payment formula.

(d) To comply with the requirement, the judicial secretary shall urge the executing party to express its conformity or disconformity with the data provided, as well as the proposal for payment, within a period of time. month, which may be extended for another month where the complexity of the case so requires.

e) If the executing party accepts, in whole or in part, the data supplied contrary to the quantification and the proposal for payment, the judicial secretary shall document, where appropriate, the agreement at the ends on which the there is conformity, including the payment of interest if they proceed, but without costs.

f) If the executed does not meet the requirement formally opposing the execution, in whole or in part, in the term granted, or not accepted by the executing party, in whole or in part, the data provided by that or his Proposal for a payment, the incidental procedure provided for in Article 238 shall be followed.

g) To specify, where appropriate, whether the applicants are affected by the title and the individual liquid quantities subject to conviction the parties shall provide expert or expert evidence, or the proposal of a test of such a class or to entrust the judicial body with the appointment of an expert or expert for that purpose. The judge or tribunal shall decide to order in which, on the basis of a decision of the grounds of opposition which the executed party has formulated, it shall decide whether, according to the data, characteristics and requirements laid down in the executive title, it recognises the applicants. as included in the conviction and, in the case of a quantity conviction, the amount of the amount of liquid individually recognized in his favor, and then the general order of execution in the terms established in this Law.

(h) Against resolutions which are issued in accordance with the provisions of the preceding paragraphs, the right to appeal for replacement shall not be suspended and shall not be further appealed.

i) The top-level executive titles to the company will be run collectively by company.

j) The subjects who, being able to benefit from the executive title, do not wish to exercise their action in the process of collective execution, may, if necessary, formulate it individually through the declarative process that corresponds.

2. The method of execution of a firm sentence governed by this Article shall apply to the remaining executive, judicial or extrajudicial titles of a social nature, a claim for a conviction and an individual execution. in the terms of Article 160 (3), as well as to the firm judgments or other executive titles on geographical mobility or substantial modifications of working conditions of a collective nature.

CHAPTER II

From the Dinerary Run

Section 1. General Rules

Article 248. Concurrency of embargoes.

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 if the rights of the previous embargoers are guaranteed.

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

3. In the event of a contest, the enforcement actions that the workers may exercise for the collection of the salaries and severance payments that may be owed to them are subject to the provisions of the Law on Bankruptcy.

Article 249. Manifestation of goods for execution.

1. The executed person is obliged to make, at the request of the judicial secretary, a manifestation of 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, if they are subject to another process, specify the ends of the process which may be of interest to the execution.

2. This obligation shall, in the case of legal persons, their administrators or persons legally representing them, and 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.

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

Article 250. Judicial investigation of the estate of the executed.

1. If there is no knowledge of the existence of sufficient goods, the judicial secretary 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 secretary may also, within the limits of the right to personal privacy, address or obtain the precise information to achieve the effectiveness of the pecuniary obligation which he or she executes, of financial institutions or depositaries or 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.

Article 251. Interest on arrears and costs.

1. Unless otherwise provided for, the quantity for which the provisional application of the interest for late payment is issued shall not exceed, for the first, the amount of the interest to be paid for one year and, for the costs, of ten percent of the amount to be awarded as the principal.

2. As regards the interests of the procedural law, the provisions of Article 576 of the Law on Civil Procedure will be included. However, three months after the date of the execution of the execution without the execution of the obligation, if the enforcement of the performance is not due, the obligation to state that the execution of the execution has not been complied with. property or any hidden heritage elements in such a demonstration may be increased, the legal interest to pay at two points may be increased.

Article 252. Notification to the representatives of the workers of the debtor company.

Attended the amount of the prize, the cars in which the execution is issued and the resolutions in which they are issued embargoes will be notified to the unitary and union representatives of the workers of the debtor company, to effects of them being able to appear in the process.

Article 253. Intervention in the execution of the Salarial Guarantee Fund and the Management Entities or the Common Services of Social Security.

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. They have been taken over, appointing an appropriate person, as long as they are required by the judicial secretary by decree. Such an obligation may be released if they justify to the Registrar the impossibility of complying with it or its disproportionate burden.

2. The same obligation and with 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 or to the entities provided for this purpose in the Civil Procedure Act, if agreed by the judicial secretary.

Section 2. The embargo

Article 254. Order on the liens. Embargable goods.

1. If sufficient goods are present, the embargo imposed shall 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.

2. The embargo on goods and rights whose effective existence does not exist will be void. However, favourable balances of accounts and deposits in banks, boxes or any other public or private deposit, credit, savings and financing person or entity, both existing at the time of the lien, and those at the time of the embargo, may be foreclosed. which subsequently occur, as well as the provision of the withholding and making available to the court of any goods or quantities which will in the future become payable in favour of the execution as a result of the latter's relations with the entity deposit, provided that, by reason of the executive title, it has been determined by the Secretary a quantity as a maximum limit for such effects.

These balances, deposits or other goods, and in general any other well-embargable, are nevertheless susceptible to the nature of the income or income that could have contributed to their generation. For these purposes, the absolute or relative limitations of inembargability that may affect periodic income or income under Article 607 of the Law on Civil Procedure shall apply from the embargo at the time of the generation or accrual of each of the items or maturities of such income.

The judicial administration may also be agreed, in the terms of Article 256, when it is established that the paying or receiving entity does not comply with the order of retention or entry, without prejudice to the other responsibilities that would be carried out in accordance with Article 241 (3) for lack of collaboration with the implementation and effectiveness of the resolution.

Article 255. Property embargo.

1. If the goods are taken away from buildings or other forms of public records, the judicial secretary shall order his office to be free and to refer directly to the registrar of order to practice the seat corresponding to the However, it has been blocked, issued with certification of the fact, the ownership of the goods and, where appropriate, their charges and charges.

2. The registrar shall inform the judicial office of the existence of any subsequent seats which may affect the attachment.

Article 256. Judicial administration of the assets seized.

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

2. To this end, the judicial secretary will summon the parties to appear before the parties to reach an agreement and, once it has been reached, it will establish by decree the terms of the judicial administration in line with the agreement.

3. If no agreement is reached, the Registrar shall summon them to appear before the Judge or Magistrate who issued the order of execution, in order to make the allegations and evidence which they deem appropriate on the need or not the appointment of an administrator or a controller, a person who is required to carry out such a charge, whether or not a security is required, a form of action, accountability and remuneration, by self-order.

4. The administrator or, where appropriate, the appointed financial controller shall be responsible for the final account of his/her management.

Article 257. Designation of depositary.

The executing or executing may be designated as depositary, unless justified opposition from the opposing party. The judicial secretary 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.

Article 258. However.

1. If the goods are previously shipped, the judicial secretary who has agreed to the embargo shall take appropriate measures for its effectiveness.

2. The judicial or administrative office to which the embargo is communicated shall agree that it should be guaranteed 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 the one who responds and the state of their actions.

3. It must also communicate to the body which decreed the embargo the subsequent resolutions which may affect the reembargoing creditors.

Article 259. Adoption of the lock.

1. The judicial secretary shall, after the decision of the procedural and administrative management of the positive embargo, ratify or amend the provisions of the executive committee, agreeing, where appropriate, to the adoption of the necessary safeguards. to secure the lock according to the nature 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.

Article 260. Domain Terceria.

1. The third party who invokes the domain over the seized goods, acquired prior to his or her work, may request the lifting of the embargo before the court of the social court which is aware of the execution and the mere effects The court will rule on the alleged right, raising the embargo in its case.

2. The application, which shall be accompanied by the title in which the claim is founded, 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 judicial secretary shall suspend the proceedings relating to the liquidation of the goods discussed until the resolution of the incident.

Section 3. Third Realization of Foreclosed Assets

Article 261. Assessment of the assets seized.

1. Where it is necessary to appraise the goods previously carried out, the judicial secretary shall designate the expert expert to be among those who serve in the Administration of Justice, and may, in addition or in his absence, require the appointment of a suitable person to legally obliged entities to undertake the assessment.

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, they shall be will be compliant.

Article 262. Deduction of loads.

If the goods or rights are affected, they are affected by charges or taxes that should remain subsisting after the sale or award of the judicial award, the secretary, with the expert collaboration and obtaining 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.

Article 263. Procedures for the settlement of assets.

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

(a) By sale in authorized entity administratively or in the entities provided for in the Law of Civil Procedure for this purpose, if the judicial secretary so agrees, whatever the value of the goods.

(b) By auction before the public purse, in the terms that are established regulatively.

c) By judicial auction, in cases where the above procedures are not used.

d) For other procedures laid down in civil procedural law.

2. If the liens are securities, they will be sold in the form established for them in 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.

Article 264. Realization of the goods.

The realization of the goods embargoed will be in accordance with the provisions of the civil procedural law, with the only exception that for the case of being deserted the auction will have the performers or, in their absence, the responsible ones (a) the right to award the goods by 30% of the value of the goods, and to that end, the common period of 10 days. If this right is not used, the embargo will be lifted.

Article 265. Distribution among the performers.

If the acquisition by auction or the award in payment is made in favour of a 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.

Article 266. Quality of the acquisition in favour of the performers or their representatives.

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.

Article 267. Formalisation of the award of goods.

1. The award decree shall not be required to be documented in public writing.

2. It will be a sufficient title for the inscription, the testimony of the decree of adjudication, issued by the judicial secretary.

Section 4. Payment to creditors

Article 268. Order of payments.

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

2. If the judge has previously approved it, the Registrar shall be able to anticipate the payment of the principal payment of the costs which are necessarily required by the execution itself and that of the third party accredited by third parties. judicially required collaboration.

Article 269. Settlement of interest and costs.

1. Covering the amount of aaward under principal, the secretary 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 public administrations, procurators and collegiate social graduates, shall be included in the costs assessment.

Article 270. Insufficient assets in cumulative runs.

To be accumulated the executions followed against the same debtor and to be insufficient the assets seized to satisfy the totality of the labor credits, will apply solutions of proportionality, with respect, in all case, to the credit preferences established in the laws.

Article 271. Rules of distribution between the performers in the event of the failure of the debtor's property. Common proposal for distribution.

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 secretary shall arrange for the proportional distribution of amounts as they are being obtained.

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

3. Not by presenting or not agreeing on the proposals made, the judicial secretary, within five days, will dictate decree setting out the distribution criteria provisionally and specifying the corresponding amounts for each creditor. according to those.

Article 272. Shipment of the distribution proposal.

1. The common proposal or the proposal made by the judicial secretary 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 opposition is made, the judicial secretary shall approve the joint proposal or the distribution by the practice shall be deemed final. If that is to be done, all interested parties will be summoned to appear, giving the written submissions.

Article 273. Appearance for approval of the distribution proposal.

1. If a distribution agreement is reached at the hearing, it may be approved in the same act by the judicial secretary. 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 secretary shall cite the persons concerned for an appearance before the judge or tribunal, who shall continue the incident, 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.

Article 274. Participation in proportional distribution.

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.

Article 275. Processing of the best-right tercerias.

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 shall not suspend the execution process, continuing the same until the sale of the seized goods and its amount will be deposited in the corresponding credit institution.

Section 5. Business Insolvency

Article 276. Intervention by the Salarial Guarantee Fund. Company insolvency statement.

1. Prior to the declaration of insolvency, if the Salarial Guarantee Fund has not been previously called, the judicial secretary shall give him a hearing, for a maximum period of 15 days, so that he may request the practice of the proceedings which to his right, and designate assets of the principal debtor to be found.

2. Within thirty days following the practice of the proceedings instituted by the Salarial Guarantee Fund, the judicial secretary will dictate, where appropriate, the total or partial insolvency of the execution, setting in this case the the value of 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. Declared the insolvency of a company, this will constitute a sufficient basis for estimating its survival in other executions, and the decree of insolvency can be issued without the need to reiterate the procedures for the investigation of goods established in the company. Article 250, although in any case, prior hearing must be given to the acting party and the Salarial Guarantee Fund to enable them to indicate 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 declaration of insolvency shall be signed by the judicial secretary, in his case of payment, within ten days and, if not carry out, continue execution against it.

5. The final declaration of insolvency of the executed person shall be recorded in the relevant register according to the nature of the entity.

Article 277. Seizure of affected goods to the production process.

1. Where the goods liable for attachment are affected by the production process of the debtor undertaking and the debtor's business continues, 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

Article 278. Readmission of the worker.

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 not less than three days after 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.

Article 279. Time limits for requesting readmission by the worker.

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 failure to pay the salaries corresponding to the days between the last of each of the periods referred to in points (a), (b) and (c) of the preceding paragraph and the date on which the execution of the failure, the action to urge the latter shall be exercised within three months after the judgment has been established.

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

Article 280. Incident of non-readmission.

Instated the execution of the judgment as to the conviction to be taken back, by the competent judge will be issued by despatch the execution by the route of incident of no readmission and then, the secretary will point out the view of the incident within the next five days, citing the appearance of the interested parties. The execution of other pronouncements other than the readmission sentence shall be subject to the general rules applicable according to their nature.

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, they shall be given the withdrawal of their application; if the employer or his representative does not appear, celebrate the event without its presence.

Article 281. Self-resolution of the incident.

1. At the hearing, the party or parties to attend shall be examined by the judge on the facts of the non-readmission or of the irregular readmission alleged, providing only those evidence which, when it is possible to practice, the judge considers 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 proven:

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

(b) The allowance referred to in Article 110 (1) shall be paid to the worker. In the light of the circumstances and the damage caused by the non-readmission or the irregular readmission, additional compensation of up to 15 days ' salary per year of service and a maximum of 12 monthly allowances may be fixed. In both cases, the time periods of less than one year are prorated and computed, as a service time, the elapsed time to the date of the car.

(c) It shall condemn the employer to the payment of the wages paid from the date of the notification of the judgment which, for the first time, declares that it has been imparted to that of the said solution.

Article 282. Execution of the statement failure.

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

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

b) Declare the dismissal of the dismissal.

2. To this end, in any of the cases referred to in the preceding number, once the readmission has been sought, the competent judge shall order the order of execution and issue the order and agree to require the employer to (a) to bring the worker back to his post within three days, without prejudice to the adoption of the measures provided for in Article 284, at the request of a party.

Article 283. Failure to comply with the readmission judgment by the employer.

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 regular execution of the judgment, within twenty days of the third day, which, as the maximum time limit for reinstatement, provides for the preceding article.

2. The judge shall hear the parties at the hearing, which shall comply with the provisions of Article 280 and Article 281 (1), and shall decide whether or not the readmission has been effected and, where appropriate, whether it was in due form. In the event that the readmission was deemed to have not taken place or was not on a regular basis, it shall order the worker to be replaced within five days of the date of such a decision, warning the employer that, if he does not the replacement or failure to do so in due form shall take the measures provided for in the following Article.

Article 284. Consequences of the employer's failure to comply.

Where the employer does not comply with the replacement order referred to in the previous article, the judicial secretary 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 agreement or by means of the State rule, occur until the date of the readmission in due form. To that end, it shall complete the authorization contained in the order by issuing execution on as many occasions as necessary, for an amount equal to six months ' salary, making the worker responsible for the same remuneration. which were to be overcome, until, once the readmission has been carried out on a regular basis, the employer has agreed to the return of the existing balance on that date.

b) That the worker continues to be on high and with social security contributions, which will bring to the attention of the managing body or common service for the purposes of the work.

(c) The staff delegate, member of the business committee or trade union delegate, continues to carry out, within the undertaking, the functions and activities of his or her 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 the recast text of the Law on infringements and penalties in the social order, adopted by Royal Decree-Law 5/2000 of 4 August.

Article 285. The launch of the housing worker by reason of work.

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 secretary, if there is a well-founded plea, may extend that period for two more months.

2. After the time limits set out in the previous paragraph, the employer may request the court to execute the procedure by means of the appropriate launch, which shall be followed by observing the rules laid down in the Civil Procedure Act.

Article 286. Inability to take back the worker.

1. Without prejudice to the provisions of the foregoing Articles, where it is not possible to readmit the worker by termination or closure of the undertaking or any other cause of material or legal impossibility, the judge shall give a judgment in which the declare the employment relationship to be extinguished on the date of that decision and shall agree to the worker to pay the compensation and the wages left to be paid as referred to in Article 281 (2

.

2. In the case of a declaration of invalidity of dismissal for workplace harassment, sexual harassment or sex or gender-based violence, the victim of the harassment may choose to terminate the employment relationship with the corresponding payment of the compensation from and the processing wages, where appropriate, in accordance with Article 281 (2).

CHAPTER IV

Running statements in front of public entities

Article 287. Compliance with the statement by public Entes.

1. Judgments handed down in respect of the State, the Management Entities or the Common Services of Social Security and other public authorities must be carried out by the Administration or Entity within two months of its firmness, justifying the compliance with the court within that period. Taking into account the nature of the claim and the effectiveness of the judgment, the judgment may set a lower deadline for compliance where the two-month period may render the pronouncement ineffective or cause serious injury.

2. After the deadline referred to in the previous number, the interested party may request the execution.

3. As long as the total execution of the judgment is not recorded, the judicial body, acting on its own initiative or at the request of a party, shall take all appropriate measures to promote and activate it, with the purpose of implementing the provisions of the implementing procedure. of judgments in Law 29/1998 of 13 July, regulating the Administrative-Administrative Jurisdiction.

4. The court, after requiring the Administration to be sentenced for a further period of one month and, where appropriate, citing the parties ' appearance, may decide on the number of questions to be raised at the time of execution, and in particular on following:

(a) Administrative body and officials who are responsible for carrying out the actions, and may require the Administration to provide the identity of the authority or official responsible for the compliance with the performance, in order to individualise the responsibilities arising from it in a timely manner, including the property liabilities to which it may take place, without prejudice to the ex officio checks to be carried out on the

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 the terms laid down in this Law, except as provided for in Article 241, which shall not apply except in the event of non-compliance with the decision of the body the court of law in the appearance referred to in this paragraph.

(e) Where the public administration is liable for payment of a liquid amount, the accrual of interest shall be made in accordance with the provisions of the budgetary legislation, but in the event of the need for the A further requirement laid down in this paragraph, the judicial authority, appreciating the lack of diligence in the breach, may increase the legal interest to accrual by two points.

Article 288. Settlement and entry of amounts corresponding to the periodic payment of Social Security benefits.

1. In the case of proceedings for the provision of a periodic payment of social security, once the sentence for the establishment of a capital cost of a pension or the payment of a non-capitalizable benefit is signed, it shall be forwarded by the Registrar a certified copy to the competent managing body or common service.

2. The indicated body must, within the maximum period of ten days, communicate to the judicial office the amount of the capital cost of the pension or the amount of the benefit to be entered, which shall be notified to the parties, requiring the secretary to the to be entered within ten days.

TITLE II

From Interim Execution

CHAPTER I

From Damning Statements to Payment of Amounts

Article 289. Payment of advances.

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% 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 date of the application. Final judgment or for any cause the judgment under appeal is upheld.

3. The amount may not exceed twice the minimum inter-professional minimum wage set for workers over the age of 18, including the proportional share of extraordinary rewards, in force during their accrual.

Article 290. Provisional execution from quantities entered.

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 is provisionally executed, a cash entry has been made, by endorsement or by any other means admitted, the judicial secretary shall have the advance paid by the judicial secretary, and shall be guaranteed by the State. the return to the employer, where appropriate, of the amounts paid to the worker.

If the amount of the sentence has been guaranteed by endorsement or by any other means admitted, the judicial secretary, before having the anticipated advance in the preceding paragraph, will require the company to, within the period of four days, the amount to be entered in cash shall be entered in cash, with the provision, after accreditation, of the return of the guarantee or of the corresponding guarantee means initially constituted, against the simultaneous delivery of the new guarantee or means of guarantee for the smallest amount of the amount. In this case, the guarantee shall also be governed by the State in the terms laid down in the preceding paragraph.

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 secretary shall notify the State Advocate of sufficient evidence of the action and shall require him to pay the worker to the managing body within ten days.

Article 291. Confirmation of the judgment under appeal.

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.

Article 292. Revocation of the judgment under appeal.

1. If the contested judgment is revoked by the higher court and the worker is liable for payment in whole or in part of the advance payment, this amount shall be reintegrated into the employer if the advance on the consignment has been withdrawn, In this case, the State responsible shall be in 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.

Article 293. Failure to comply with the obligation to reintegrate by the worker.

1. If the reimbursement obligation is breached, it shall be sufficient to initiate the enforcement of the final judgment in which the provisional execution was agreed, together with the certification, by the Registrar or by the Secretary of State. 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

Article 294. Provisional execution of the judgment in order to pay periodic social security payments.

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 230 (2) (c) and (d

.

Article 295. Execution of sentences to the payment of single payment benefits.

The recipient of benefits from the public social security scheme who has in his favour 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 their provisional execution and to obtain advances on account of that, in accordance with the terms laid down in the previous Chapter.

Article 296. Provisional execution of convictions for obligations to do or not to do in the field of social security.

At the request of the beneficiary favoured by them, the judge or the Chamber, by weighing the circumstances, may also agree to the provisional execution, without bail, of the convictions of the beneficiary. to do or not to do in the field of Social Security.

CHAPTER III

From the redundancy statements

Article 297. Provisional execution of the judgment declaring the dismissal or invalidity of the dismissal.

1. Where, in proceedings where actions arising from dismissal or the termination of the working relationship are exercised, the judgment declares that it is not relevant and the employer who has opted for the readmission shall bring any of the proceedings before him. The Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union less than the employer would prefer to make the allowance referred to without compensation.

The above will also apply when, having chosen the employer by the readmission, the appeal is brought by the worker.

2. The same obligation shall be imposed by the employer if the judgment has declared the dismissal or the extinguishing decision of the working relationship invalid, without prejudice to the precautionary measures which may be taken, in particular for the protection against to the harassment, in the terms of Article 180 (4).

3. If the dismissal was declared inappropriate and the option, corresponding to the worker, would have been in favour of the readmission, it shall be within the meaning of paragraph 1 of this Article.

4. In the cases referred to in the preceding paragraphs, the right to unemployment benefit shall be suspended in accordance with the terms laid down in the recast text of the General Law on Social Security, adopted by the Royal Decree of Law 1/1994, of 20 June.

Article 298. Request for interim execution by the worker.

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.

Article 299. Failure to comply with the readmission business requirement.

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.

Article 300. Revocation of the worker-friendly sentence.

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.

Article 301. Reintegrable advances.

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 states that the dismissal or the termination of the working relationship is invalid or not.

Article 302. Dismissal of the workers ' representative.

When the dismissal or the extinguishing decision would have affected a legal representative of the workers or a trade union representative and the judgment will declare the dismissal or impropriety of the dismissal, with option, in the latter case by the readmission, the judicial body shall, in accordance with the terms provided for in paragraph (c) of Article 284, take appropriate measures to ensure the exercise of its representative functions during the substantiation of the relevant appeal.

CHAPTER IV

Of the damning statements relapsed into other processes

Article 303. Provisional execution of judgments handed down in other procedural modalities.

1. The judgments that fall on the processes of collective conflicts, in the cases of contestation of collective agreements and in those of protection of trade union freedom and other fundamental rights and public freedoms, will be executive since they are dictated, according to the nature of the claim recognised, notwithstanding the appeal which could be brought against them and without prejudice to any limitations which may be agreed to prevent or mitigate damage to impossible or difficult repair.

2. The provisional execution may be agreed upon in the judgments followed in proceedings in proceedings concerning administrative acts in the labour, trade union and social security matters, unless the latter is liable to produce irreversible situations or damages of difficult repair. In terms of Social Security benefits, you will be subject to your specific regulations.

3. If the employer has appealed to the judgment to terminate the employment contract at the request of the worker on the basis of Article 50 of the Staff Regulations, the worker may choose between continuing to provide services or (a) to cease the provision in respect of the judgment, in the latter case being in a situation of involuntary unemployment from that moment, without prejudice to the precautionary measures which may be taken. The option must be exercised by writing or appearing before the judicial office within five days of the notification that the company has resorted to. If the judgment is revoked, the employer must inform the worker within 10 days of the date of his or her reinstatement, in order to do so within a period of not less than three days after the date of receipt of the written. If the worker is not reinstated, the contract shall be definitively extinguished, in other cases the formalities of Articles 278 and following, if the judgment has gained firmness.

In this case and for the purposes of recognition of a future right to unemployment protection, the period referred to in the preceding paragraph shall be deemed to be a listed occupation.

CHAPTER V

Common rules for interim execution

Article 304. Jurisdiction, precautionary measures and impeachment of the provisional execution.

1. The provisional enforcement of judgments shall be released and shall be carried out by the court or tribunal which has, where appropriate, issued the decision to execute and the parties shall have the same procedural rights and powers as in the execution of the decisions. definitive.

2. By way of derogation from the preceding number, the judge or tribunal shall, at any time, at the request of the interested party or on its own initiative, take the precautionary measures which are relevant to ensure, where appropriate, the execution of the judgment and on the security and defence of the rights concerned, taking into account the criteria laid down in Article 79.

3. In the case of a judgment given by the judge or tribunal in which he is provisionally executed, only the replacement shall be brought, except where a decision falls within the limits of the provisional execution or is made materially in the order of declare the lack of jurisdiction or jurisdiction of the social court in which the appeal or, where appropriate, ordinary appeal proceedings shall be brought, in accordance with the general rules of such appeals.

4. In the case of decisions given by the executing judicial secretary, a replacement shall be made, unless otherwise directly recourse to review.

Article 305. Implementation of the rules of the Civil Procedure Act.

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 disposition first. Procedural specialties.

To the social process, the procedural specialties referred to in Law 52/1997 of 27 November, of Legal Assistance to the State and other public institutions, in the cases and terms provided for by that Law, shall apply to the social process. and by the regulations that complement and develop it.

Additional provision second. Authorization of actions to public or private entities.

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.

Additional provision third. Application of Law 22/2003, of July 9, Bankruptcy.

The provisions of this Law shall not apply to social litigation issues which arise in the event of a contest and whose decision corresponds to the judge of the contest in accordance with Law 22/2003 of 9 July, Bankruptcy, with the express exceptions contained in that Act.

First transient disposition. Rules applicable to processing processes.

1. The processes that are initiated on the basis of the validity of this Law shall be governed in all its phases and incidents by the provisions of this Law.

2. The proceedings initiated prior to the validity of this Law, the processing of which has not been completed by judgment or judgment ending the law, will continue to be substantiated by the previous procedural rules until such time as judgment or judgment, while the provisions of this Law shall apply in respect of appeals against interlocutory or non-final decisions.

Second transient disposition. Applicable rules on resources and enforcement of judgments handed down from the entry into force of the Act.

1. The judgments and other decisions which terminate the application or appeal, which have been given as from the validity of the law, shall be governed by the provisions of the law, in respect of the system of appeals and other means of appeal against them, and as to its provisional and final execution.

2. The judgments and other decisions which have brought an end to the application or appeal prior to the validity of this Law shall be governed by the provisions of the rules of appeal, appeal and other means of appeal. previous procedural law, until the conclusion of the relevant appeal or means of impeachment, notwithstanding its provisional execution by this Law.

3. The appeals and appeals which are pending the entry into force of this Law will continue to be substantiated by the previous legislation until its resolution, applying to the same in the future the system of resources of the new legislation.

Transitional provision third. Execution of judgments and other executive titles. Precautionary measures.

This Law shall apply to the execution of the judgments and other titles that have been executed, including those that are pending, the actions being valid, including the precautionary measures, made under the previous legislation.

Transitional disposition fourth. Jurisdiction of the social court.

1. The social order will be known to the processes of impeachment of administrative acts dictated from the validity of this Law in labor, union and social security, whose knowledge is attributed by the same to the order Social court.

2. The challenge of the administrative acts in those matters, which have been given prior to the validity of this Law, will continue to be attributed to the judicial and administrative judicial order, and the administrative and administrative resources brought against it. Administrative acts in the labour, trade union and social security matters, prior to the entry into force of this Law, will continue to be brought before the judicial-administrative court in accordance with the rules applicable to the order.

Transient disposition fifth. Claims to the Salarial Guarantee Fund made under the third transitional provision of Law 35/2010 of 17 September 2010 on urgent measures for the reform of the labour market.

In claims to the Salarial Guarantee Fund made under the third transitional provision of Law 35/2010, of 17 September, of urgent measures for the reform of the labour market, the forecasts referred to in Article 23 (2) and Article 70 (1).

Single repeal provision. Repeal of rules.

The Royal Legislative Decree 2/1995, of 7 April, is hereby repealed, approving the Recast Text of the Law of Labor Procedure, as well as all the norms of equal or lower rank as soon as they object to the present Law.

Final disposition first. Amendment of the 17th additional provision of the Workers ' Statute.

New wording is given to the additional 17th text of the recast of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995 of 24 March, which is worded as follows:

" Additional 17th Disposition. Discrepancies in reconciliation matters.

Discrepancies that arise between employers and workers in relation to the exercise of the legal or conventionally recognized personal, family and work life reconciliation rights will be resolved by jurisdiction competent through the procedure laid down in Article 139 of the Regulatory Law of Social Jurisdiction. "

Final disposition second. Modification of the regulation of economically dependent self-employment.

An article 11a and a fourth transitional provision are added and Articles 12 and 17 of Law 20/2007 of 11 July of the Statute of an autonomous work are amended in the following terms:

One. A new Article 11a is added with the following wording:

" Article 11a. Recognition of the status of economically dependent self-employed worker.

The self-employed worker who fulfils the conditions set out in the previous article may ask his client to formalise an economically dependent self-employed worker through a communication fehaciente. In the event that the client refuses to formalise the contract or after one month after the communication has not been formalised, the self-employed worker may apply for recognition of the status of worker. economically dependent on the courts of the social order. This shall be without prejudice to the provisions of Article 12 (3) of this Law.

In the event that the court of the social order recognises the status of an economically dependent self-employed worker, the conditions set out in Article 11 (1) and (2), the worker, are fulfilled. may only be considered as such from the moment when the communication referred to in the preceding paragraph has been received by the client. Judicial recognition of the status of an economically dependent self-employed worker shall have no effect on the contractual relationship between the parties prior to that communication. '

Two. Article 12 (1) and (4) are amended as follows:

" Article 12. Contract.

1. The contract for the performance of the professional activity of the economically dependent self-employed worker concluded between him and his client will always be formalised in writing and must be registered in the relevant public office. Such registration shall not be public. '

" 4. Where the contract is not formalised in writing or has not been fixed for a given duration or service, it shall be presumed, unless proof to the contrary, that the contract has been agreed for an indefinite period. '

Three. Article 17 (1) is amended, which is worded as follows:

" 1. The courts of the social order shall be competent to hear the claims arising out of the contract concluded between an economically dependent self-employed worker and his client, as well as for applications for recognition of the economically dependent self-employed worker status. "

Four. A fourth transitional provision is added with the following wording:

" Transitional provision fourth. Transitional arrangements for the recognition provided for in Article 11a.

The recognition of the status of an economically dependent self-employed worker provided for in Article 11a of this Law may only arise for contractual relations between clients and self-employed persons who are formalize from the entry into force of the Law on Social Jurisdiction. "

Final disposition third. Competence title.

This Act is dictated by the exclusive competence of the State in matters of procedural law, in accordance with the provisions of Article 149.1.6. of the Constitution.

Final disposition fourth. Extra rules.

As not provided for in this Law, the Law of Civil Procedure and, in the cases of impeachment of the administrative acts whose jurisdiction corresponds to the social order, the Law of the Jurisdiction Administrative and administrative disputes, with the necessary adaptation to the particularities of the social process and as soon as they are compatible with their principles.

Final disposition fifth. System for the assessment of damage caused by accidents at work and occupational diseases.

Within six months of the entry into force of this Law, the Government will take the necessary measures to approve a system for the assessment of damages arising from accidents at work and occupational diseases, by means of a specific system of scales of compensations which are updatable annually, for the objective compensation of such damages as long as the victims or their beneficiaries do not credit higher damages.

Final disposition sixth. Enable the Government for the modification of amounts.

1. The Government, after a report of the General Council of the Judiciary and the hearing of the Council of State, may modify the amount established by this Law for the origin of the appeal and, where appropriate, ordinary appeal.

2. Similarly, and after the abovementioned reports, it may amend the amounts laid down in this Law in respect of the fees of the legal and social graduates of the party under appeal in the event of dismissal of the appeal, pecuniary penalties and fines, and the amount of deposits to be used in pleading, appeal and review and, in general, of any amount of procedural importance which may be laid down in the social procedural rules, including the fixed for access to the order for payment procedure.

Final disposition seventh. Entry into force.

1. This Law shall enter into force two months after its publication in the "Official Gazette of the State".

2. Except for the time limit laid down in the preceding paragraph, the powers conferred on Article 2 (o) and (s) relating to benefits arising from Law 39/2006 of 14 December of the Promotion of Personal Autonomy and Attention shall be exempt from the time limit laid down in Article 2. persons in a situation of dependency, whose date of entry into force will be fixed in a subsequent Law, the Project of which must be submitted by the Government to the General Courts within three years, taking into account the incidence of the different phases of implementation of the Law on Dependence, as well as the determination of the appropriate measures and means to achieve an agile judicial response in these matters.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 10 October 2011.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO