The procedural collaboration in the labor procedure. Court of Appeals of San Miguel. Role N° 476-2016 (labor reform), 01/26/2017. Employment nullity remedy

Authors

  • Roberto Cerón Reyes Universidad de Chile; Universidad de los Andes

Abstract

The sentence dictated by the Court of Appeals of San Miguel is examined, which resolved an appeal for labor annulment, rejecting it. With regard to the grounds that led to the filing of the same, said Court ruled on the scope of Article 453 No. 5 of the Labor Code, referred to the exhibition of documents and the faculty of the judge so that, if not presented, considere the allegations of the opposing party. The Court determined that in the case the aforementioned norm was correctly applied. In this regard, attention is paid to the application of procedural collaboration in the labor procedure.

Keywords:

Porcedural law; Labor Code; procedural collaboration; exhibition of documents.

Author Biography

Roberto Cerón Reyes, Universidad de Chile; Universidad de los Andes

Instructor, Facultad de Derecho, Universidad de Chile. Alumno del Doctorado en Derecho de la Facultad de Derecho de la Universidad de los Andes, Chile.