Dear friends, as every week it is a pleasure to greet you, wishing you an excellent Thursday, the topic to be discussed today will be, what is an award and / or labor judgment, following the procedural line of the previous articles, it is made known that the award is the sentence that ends the labor trial, (so called because they are issued by the arbitration authorities; H. Juntas De Conciliación y Arbitraje), now called sentences since the H. Labor Courts belong to the Local and Federal Judicial Power as the case may be given that when all and each one of the actions of the parties in the labor process are carried out in their totality, the authorities issue the corresponding award and/or sentence.
Which determines who acquits or who condemns, that is to say (who won and who lost), from this in such sentences or awards, we have which facts, benefits and salaries were considered by the judge for the condemnation or acquittal to pay them, in some cases the labor authorities, In some cases the labor authorities, when issuing sentences, determine in liquid form the economic amounts to be paid, and this is based on the salary or salaries that have been accredited in the labor libel, reason for which when the sentence is issued, the ordinary or special process that has been brought to the knowledge of the authority is terminated.
From the foregoing, when ending the process (trial), either party has and can implement the procedural elements, such as challenging the same through the amparo trial, entering into negotiations and paying, the last two concepts do not materially prevent one of the parties from initiating its means of challenge and at the same time negotiating; However, given the amount or amounts that have been considered in the judgment or award, it will be the beginning of a good, healthy and amicable negotiation, which, by the way, cannot be considered an amicable negotiation if it is up to the result of the judgment. Friends (a) the favorable or adverse result at the issuance of any of the two legal names given at the end of the labor trial, derives from everything that has been implemented in defenses, exceptions, evidence and facts accredited by the parties, adding to the criteria and elements considered by the labor authority for the issuance of the final result;
This is evidently reflected in the judgment and/or award issued and notified to the parties within a period of no more than twenty-four hours, my friends, we must consider that being at this legal level, it is still possible to try to negotiate the labor process, with the exception of what is stated and issued by the labor authority through the Judge or the labor arbitrator, This transforms and leads either of the contending parties to initiate a conciliation process and end the trial or to implement and exercise a second process against the determination of the authority, called and already commented on the Amparo Trial, which reminds us of the old saying (a bad settlement is better than a good lawsuit).
So much for this week's comments, we'll see you next week...
