Dear friends, as every week it is a pleasure to greet you, wishing you an excellent Thursday, the topic that will be discussed today will be the continuation of the topic of legal defiance in labor law, and in this sequence of the previous article, as it was shown last Thursday, the figure of legal defiance arises when one of the parties does not oppose defense and much less offers evidence. Well, dear friends, you may ask yourselves the question, how can someone who is already in legal default defend himself or herself? Well, every process culminates with the issuance of a judgment or award in labor matters, it is true that in the case mentioned as “default”, as long as the judgment or award has not been issued, a recourse called Nullity of Notification can be promoted, which has its legal basis through Article 762 Section I of the Federal Labor Law, Incidental resource which must be promoted in a maximum term of three days, which counts the day after the legal entity or individual who is in default at the exact moment of learning of the labor process against him is made aware of it, watch out friends (a) is not only to promote resources to promote the duty of a server is to know the procedural reality of each trial, since when promoting the Incident of Nullity of Notification (legal name of the resource), you must make sure that in the domicile, place or negotiation in which the first notification of the process against you has been generated is not the fiscal domicile or the seat of your business, and in its defect that nobody has received in your name or in your representation, This in order that the incident or appeal that is promoted prospers, and of course in the interlocutory sentence, “abbreviated sentence” that is dictated when it proceeds or not an appeal filed by any of the parties, (that is to say with such appeal the process is stopped in the stage that this) and this when being favorable to the legal or physical person that has promoted the incident, the H. Board or the Labor Court that hears the proceeding must leave without effect everything that has been done and reinstate the proceeding, starting with the violation committed, and if so, the party that filed the appeal will have the opportunity to duly present its defenses and exceptions as well as offer and present the evidence it deems appropriate.
This is to be legally heard and defeated in a trial; from the above, my dear readers, this recourse only operates, as long as it is before the award or sentence and with the legal aspects already exposed.
Now, you may be wondering, what if I already have an award or judgment and I am in foreclosure?Well, in this field the question to promote is a little more complex since having any of the above, it is understood that the process has already gone through the stages in its entirety and that it has even transcended to the result of making effective and material the award or judgment, but this does not imply that you cannot defend yourself, my readers, what changes is the legal scenario and the term of days to carry out and file the well known Indirect Amparo Suit against defects in the summons, and how is this? You may wonder, the federal amparo proceeding is filed within a term of fifteen days, of course, the count starts the day after immediately becoming aware of the act of nuisance issued by the labor authority, be it the H. Conciliation Board or the H. Local or Federal Labor Courts. Local or Federal Labor Courts, trial in which the particularities are similar to the nullity incident that is promoted before the award or sentence is issued, that is to say, it is attacked that the company or the individual was illegally notified and summoned to trial in a different domicile or the one that is not the seat of its business, In the same way, in the amparo proceeding, if the case is successful, everything that was done after the “notification or summons” was illegally made is rendered null and void, as well as the seizure or freezing of assets given the violation that the company or individual who has proven to have suffered the violation within the labor process by the responsible authority (H. Local Conciliation Board and/or H. Local, Federal Court) and if so, of course, the legal opportunity to defend oneself and offer defenses and evidence is available for the purpose of the due administration of justice that each and every one of the governed citizens enjoy, even if they are collective legal entities (companies).
So much for this week's comments, we'll see you next week...
