Saltar al contenido

How Is a Labor Lawsuit Developed?

Labor trials are usually oral, so the judge’s requirement that the lawyer’s conduct be specific is evident. When an employee decides to file a claim against a company in a social jurisdiction, such as in the case of challenging dismissals, sanctions, work accidents, pecuniary claims, among others, it must be taken into account that in most cases they must first file a lawsuit with the Mediation, Arbitration and Conciliation Service (SMAC), the Mediation, Arbitration and Mediation Center (CMAC) or the Mediation, Arbitration and Mediation Unit (UMAC).

They carry out a mediation vote and later start a procedure in the corresponding social security court. But for all this, it is best to contact a lawyer specializing in the labor field. In short, it is very important to have the assistance of suitable professionals throughout the labor trial process. Having an employment law expert by your side will help you face employment lawsuit situations with more confidence and provide greater protection for your employment claims.

Which are the steps to follow?

The first thing to do is present a mediation ballot. The most common cases in which the mediation law is mandatory are dismissal, sanctions, claims for quantity, recognition of general rights and voluntary termination of the contract by the worker. Those related to article 64 of the Social Jurisdiction Law are excepted, for example in relation to permits, social security, geographical mobility, changes in contracts and working conditions, etc.

Mediation may be accepted, which in this case means that the worker has reached an agreement with the company and the claim process has been terminated. Another option may be that it has been tried to no avail; that is, the company has not participated in the mediation. And finally the one that does not reach an agreement; the company and the worker participated but no agreement was reached. In case of invalid attempts or failure to reach an agreement, the worker must file a claim with the labor court.

We must always consider the prescription and expiration periods, and if we are summoned late in the mediation, we may have to file a lawsuit before the Social Court before the SMAC or CMAC is held.

The second thing to do is start the judicial labor phase. If mediation has been attempted at the SMAC or CMAC but an agreement has not been reached, the worker files a lawsuit in the labor court. The corresponding court, in turn, will issue instructions on labor processes, which can take between a few months and two years, depending on the type of procedure in the court or the burden of the judicial process.

Before the trial begins, the receivership attorney will require the company to reach an agreement with the worker. If no such agreement is reached, a trial hearing will be initiated.

Then a labor trial will be held, in which three important stages can be distinguished: the arguments of both, the practice of evidence and the conclusions of the parties. Both the plaintiff and the defendant, which is usually the company, present a defense. As regards the worker, his exposure time is usually less because the labor claim has already been completed before the court, on the other hand the company has to make an allegation of the facts presented in the worker’s claim.

Finally, you have to see the sentence. Once the act of trial has been produced, represented by the workers and the company, the judge will terminate the act of labor trial and later, in an indefinite period, the sentence will be notified, that is, the resolution to the parties.

What evidence is valid in a labor lawsuit?

In any type of trial, the object of the test is to prove the facts discussed by the parties involved in the process. The taking of evidence is one of the most important parts of a trial because it determines the outcome of the trial.

The evidence to be presented relates to the matter discussed by the other party. Therefore, the evidence outside the claim can be rejected by the judge. The evidence is presented at the same time as the trial, but in some cases it may be requested during the trial. When a lawsuit is filed, the judge may be asked to request certain documents from the company and call certain witnesses. Almost all tests are valid as long as they allow a specific fact to be established. These proofs can be, for example, emails, WhatsApp, suppliers or clients, employees, or any written proof that you have.

The admissibility of the evidence depends on compliance with article 90 of the Social Jurisdiction Law. But at trial, evidence can also be inadmissible if it is found to be related to a violation of public liberty or fundamental rights.