Five years after the labor reform, as you well know, on May nineteenth of the year two thousand nineteen, the Federal Labor Law was reformed, in said reform the Local and Federal Conciliation Centers were created, as well as the Local and Federal Labor Courts, the above mentioned in order to clear the backlog in the administration of justice and avoid with them an endless number of labor lawsuits, but, has the administration of labor justice been achieved? Well, unfortunately no, although the creation of the aforementioned figures, their primary function is to avoid the generation of lawsuits, as well as more real and realistic sentences, little or almost nothing has been achieved in this sense, that is, the comment that is generated, is not for the purpose of representation or contrary to the legislation, but for the sake of having a true impartiality, Although the labor sentences must be adjusted to the known truth, good faith and without being subject to formalities, appreciating the facts conscientiously, in the material and procedural reality this does not occur, it is so and it always goes in correlation of the knowledge that the imparters of justice have, it is not logical that the impartation continues the same as the previous system.
If one of the guiding principles of the reform was the truthfulness of those cited or offered by the parties (worker and employer), job creation cannot continue to be affected, since collective rights are suppressed in favor of individual rights, thus scaring away investment capital, friends, the commentary is not only directed to the procedural aspect, but also to the conciliatory issue, a true impartation of justice is needed from the conciliatory stage, whoever requests it, this is due to the bad practices or bad interpretation or in its absence, the criteria of the authorities who impart justice that cannot be above the text of the law, since if between the parties a good termination of the work relationship is reached, such termination should not violate or attack the agreement of wills that the parties already agreed upon, and the only thing they seek is the formalization of the same through the Conciliation Centers, since in a clear ignorance of the material and real subject of the termination, the agreement of wills that the parties already agreed upon is violated, The agreement of wills is violated and it should be made to see the numerical reality and the benefits that correspond to the closing of an employment relationship and not to absurdly walk to requests out of all material and legal logic, thus generating lawsuits with economic affectations as in the past.
The above happens in reality because out of all logic, requests are made and figures that try to surprise the good faith and correct impartation that the judge or official should have, in such a way that the parties that intend to terminate a work relationship should be made to see the consequences of the same in the material procedural sense and reality, and not unduly create economic scenarios that cannot exist added to the misinterpretation and impartation of the law of labor matters. Dear friends, the impartation must be full, clear, precise, simple and with the real facts in order not to affect any of the contending parties in a prejudicial and judicial matter and thus maintain the economic balance that protects the social law. So far this week's comments, we will read each other next week...
