Errores más frecuentes en la presentación de la demanda en los casos de solicitud de declaratoria de ineficacia del despido y su repercusión en los derechos de los trabajadores

Abstract

The Organic Law for Labor Justice and Recognition of Work at Home, introduces reforms to the Labor Code, the same that within its provisions aims to ensure the stability of a certain group of workers, being pregnant women or associated with their gestation condition or maternity and of the union leaders, through the figure of ineffective dismissal, which establishes a summary procedure with reduced times such as in the case of childhood and adolescence, which must be initiated by the worker, who has been the subject of dismissal by his employer, based on the demand that is the initial action, which must be central and unique to the declaration of ineffectiveness, the judge at the time of classifying the demand may issue precautionary measures that allow reinstatement of the worker while the procedure lasts, if the ineffectiveness of the dismissal is admitted, additional indemnities are established to those established in the law to favor of the worker.