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 topic of legal defiance in labor law, continuing with the lines of the last articles, we continue to let you know procedurally (trials), which are or how each of the scenarios are developed, in this case being the one mentioned, but you may wonder what is a legal defiance? Well, my dear readers, such term is a legal expression that is given to the person or persons or legal entities that did not oppose defenses in the labor process against them, this is so and it is explained in this article mentioning that as in every legal process all persons have the right to be heard and defeated in the judicial labor processes; In the current or previous labor system, the persons who sue labor sources, employers are legally notified at the moment that an operator or worker, asserted his action of claim against them, in such condition in the previous process they had to be notified at least ten days before the date of the initial hearing, In the new labor system, they are notified of the lawsuit and are granted a term of fifteen business days for the purpose of answering, opposing their defenses and offering the evidence they deem pertinent, and in the event that in any of the scenarios (conciliation and arbitration boards and/or Local or Federal Labor Courts) they are not notified of the lawsuit, they are given a term of fifteen business days for the purpose of answering the lawsuit, opposing their defenses and offering the evidence they deem pertinent. In the event that in any of the scenarios (conciliation and arbitration boards and/or Local or Federal Labor Courts), this is not done, the word “default” is configured or born to legal life, which means that no defense is opposed and everything that has been demanded is fully consented to, such as date of entry, salary category, payment of overtime benefits and of course the dismissal alleged by any worker is considered as admitted.
In such a way that such legal transcendence already impacts the rights and legal sphere of the person or persons that are in this legal assumption, this of course implies an endless number of legal resources in which it is intended to counteract such figure which, by the way, is a disagreement before the authority that has made the notification of the judicial labor process in which they are, In other words, in Christian words (I am not interested in the process), in other words, we must not lose sight of the fact that in the labor processes, there is a particularity or difference, which implies possible damages and economic affectations in a not very long term, which is legally called embargo, this is so and before the lack of defense and appearing in the trial in which one is against, the labor process continues with the cause with the lack of defense and appearing in the trial in which one is against, the labor process continues its course with greater celerity given that, since there is no contender, it becomes a little easier for the workers to make their claim effective, that is to say, to collect through the figure of the attachment, the above, of course, with the supervision of the authority so that there is no violation in said stage, which in judicial matters is known as execution, which is nothing more than converting the documentary process into money, Thus, my dear readers, the figure of default is a figure with high risk for the employers, physical or moral, that are in said section, but this does not imply that even in this instance of execution they cannot promote any recourse allowed by the Federal Labor Law or the Amparo Law against it, which will be explained in detail in the following weekly article.
So much for this week's comments, we'll see you next week...
