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Supreme Court of Justice in Labor Law
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Supreme Court of Justice in Labor Law

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Questions and Answers

What is the Supreme Court of Justice competent to know about?

  • Matters of housing insurance and pension plans
  • Resources of appeal against judgments of labor courts
  • Nullity of fraudulent things judged labor
  • Resources of cassation, appeal, and complaint for denial of appeal (correct)

    • What is the scope of the private pension system?

  • Part of the labor court's jurisdiction
  • Only for foreign workers
  • Only for public employees
  • Private pension plans for all citizens (correct)

    • What is the criterion for the court to declare something as fraud?

  • When it is deemed fraudulent by the judge (correct)
  • When the transaction is done in cash
  • When the debtor does not fulfill his obligations
  • When the creditor is not a laborer

    • What is the role of the labor courts in the first instance?

    <p>To resolve conflicts between employees and employers</p> Signup and view all the answers

    What is the effect of fraudulent things judged?

    <p>It nullifies the original debt</p> Signup and view all the answers

    What is the role of the higher courts in the labor process?

    <p>To hear appeals against judgments of labor courts</p> Signup and view all the answers

    What type of obligations are heard by the labor courts?

    <p>Only obligations exceeding 50 URP</p> Signup and view all the answers

    What is the scope of the labor jurisdiction?

    <p>For all employment relationships</p> Signup and view all the answers

    What is the consequence of the unjustified absence of the recurrent's lawyer?

    <p>The casation resource is declared improcedent</p> Signup and view all the answers

    What happens if the plaintiff does not choose between conserving the measure or substituting it within the given time?

    <p>It is understood that the measure is substituted by the deposit or the guarantee bond</p> Signup and view all the answers

    Who fixes the order of intervention during the hearing?

    <p>The sala</p> Signup and view all the answers

    What happens after the installation of the hearing?

    <p>The recurrent's lawyer intervenes first</p> Signup and view all the answers

    What is the consequence of declaring the casation resource as improcedent?

    <p>The execution is suspended</p> Signup and view all the answers

    What is the time given to the plaintiff to choose between conserving the measure or substituting it?

    <p>Five days</p> Signup and view all the answers

    What is the role of the judge of the demand in this process?

    <p>To suspend the execution</p> Signup and view all the answers

    What is the purpose of the casation resource?

    <p>To revise the judgement</p> Signup and view all the answers

    What happens if both parties fail to attend the process?

    <p>The judge declares the conclusion of the process.</p> Signup and view all the answers

    What is the role of the judge in the conciliation process?

    <p>To actively participate in the conciliation.</p> Signup and view all the answers

    What is the purpose of the oral exposition of the facts?

    <p>To contradict the demand.</p> Signup and view all the answers

    What is the condition for the judge to exempt the service provider from paying costs and costs?

    <p>When the total claimed amount does not exceed 70 URP</p> Signup and view all the answers

    What is the maximum amount of the total claimed that allows the service provider to be exempted from paying costs and costs?

    <p>70 URP</p> Signup and view all the answers

    What happens to the process if no party requests a new hearing within 30 days?

    <p>The process is concluded.</p> Signup and view all the answers

    What is the purpose of indicating the purpose of each means of proof in the lawsuit?

    <p>To indicate the purpose of each means of proof</p> Signup and view all the answers

    What is the purpose of the judge's enunciation of facts?

    <p>To identify facts that do not require probatory action.</p> Signup and view all the answers

    What is the consequence of the claimant acting with malice or bad faith?

    <p>The judge does not exempt the service provider from paying costs and costs</p> Signup and view all the answers

    What happens if the parties reach a partial or total agreement?

    <p>The judge approves the agreement with effect of res judicata.</p> Signup and view all the answers

    What is the requirement for the service provider to be exempted from paying costs and costs when the total claimed amount exceeds 70 URP?

    <p>The judge determines that there were reasonable reasons for the claim</p> Signup and view all the answers

    What is the timeframe for the conciliation process?

    <p>One month.</p> Signup and view all the answers

    What is the requirement for the service provider to appear in the process without a lawyer?

    <p>The total claimed amount does not exceed 10 URP</p> Signup and view all the answers

    What can the parties do after the judge enunciates the facts and the admitted evidence?

    <p>Propose probatory questions.</p> Signup and view all the answers

    What is the purpose of designating a single domicile for the process when there are multiple claimants?

    <p>To designate a single representative for the claimants</p> Signup and view all the answers

    What is the consequence of the total claimed amount exceeding 10 URP but not exceeding 70 URP?

    <p>The judge determines whether to exempt the service provider from paying costs and costs</p> Signup and view all the answers

    Within what timeframe can a creditor contradict the canceling effect of a consignment?

    <p>Five (5) business days</p> Signup and view all the answers

    What is the minimum monthly salary required for labor disputes to be subject to arbitration?

    <p>Seventy (70) Unidades de Referencia Procesal (URP)</p> Signup and view all the answers

    What happens to the process if the creditor has formulated a contradiction?

    <p>The process is deferred until the contradiction is resolved</p> Signup and view all the answers

    What is the effect of the withdrawal of a consignment?

    <p>The consignment is considered paid</p> Signup and view all the answers

    In which cases can the State be condemned to pay costs?

    <p>In labor disputes where the State is the defendant</p> Signup and view all the answers

    What happens to expedientes that re-enter the judicial system?

    <p>They are prioritized in their processing</p> Signup and view all the answers

    When does the law enter into force?

    <p>Six (6) months after its publication</p> Signup and view all the answers

    What is the exception to the law's effective date?

    <p>The Transitional Provisions</p> Signup and view all the answers

    Study Notes

    Supreme Court of Justice

    • The Supreme Court of Justice is competent to hear the following resources:
      • Recourse of cassation
      • Recourse of appeal against resolutions pronounced by labor courts in first instance
      • Recourse of complaint for denial of appeal or for having been granted in a different effect than established by law

    Labor Courts

    • Labor courts are competent to hear the following resources:
      • Recourse of appeal against resolutions issued by labor judges
      • Recourse of complaint for denial of appeal or for having been granted in a different effect than established by law

    Ordinary Labor Process

    • The ordinary labor process is used to hear claims related to the fulfillment of obligations exceeding 50 Units of Procedural Reference (URP)
    • The claimant can include their petition for recognition of attorney's fees in the process
    • When the process is initiated by more than one claimant, one of them must be designated to represent the group and a single procedural address must be established

    Costs and Expenses

    • The condemnation of costs and expenses is regulated according to the civil procedural norm
    • The judge exempts the provider of services from costs and expenses if the claimed amounts do not exceed 70 URP, unless the party has acted with temerity or malice
    • The judge may determine that there were reasonable motives for the claim, and the total amount claimed does not exceed 10 URP

    Multas

    • The improcedence of the resource may affect all the invoked causes or refer only to some of them

    Recourse of Cassation

    • The recourse of cassation must:
      • Indicate each invoked cause separately
      • Not include any pleading directed to the counterparty, witnesses, or experts
    • The judge declares the improcedence of the recourse if the claimant does not indicate their election within the established term

    Trámite en la Corte Suprema de Justicia

    • The audiencia de casación is installed with the concurrence of the attending parties, who may inform without needing to request the use of the word
    • If the claimant does not indicate their election within the established term, it is understood that they substitute the precautionary measure for the deposit or bond offered

    Consequences of the Recourse of Cassation

    • If the Constitutional and Social Chamber of the Supreme Court of Justice declares the recourse of cassation, the Sala Laboral resolves the process in accordance with the declared jurisprudence
    • If the Sala Laboral declares the recourse of cassation, it resolves the process in accordance with the declared jurisprudence

    Actuación Probatoria

    • The actuación probatoria stage is carried out in the following manner:
      • The judge invites the parties to conciliate their positions and participates actively to solve their differences totally or partially
      • The judge enumerates the facts that do not require probatory action, such as admitted facts, presumed by law, or factual judgments
      • The judge enumerates the admitted probatory means regarding the facts that require probatory action
      • The parties may propose probatory questions only regarding the admitted probatory means

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    Description

    This quiz covers the jurisdiction of the Supreme Court of Justice in labor law, including the fulfillment of obligations and pension benefits.

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