El principio de la consonancia en el procedimiento laboral
With the reform to industrial procedure, the Law 712 from 2001 introduced the consonance principle, which indicates that the second instance industrial judge when solving an appeal against sentence must just limit himself to the matters subject of the appeal. This principle restricts the application...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad del Norte: Ediciones Uninorte
2004
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=2347501 |
| Source: | Revista de derecho: División de Ciencias Jurídicas de la Universidad del Norte, ISSN 0121-8697, Nº. 21, 2004, pags. 234-249 |
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| Summary: |
With the reform to industrial procedure, the Law 712 from 2001 introduced the consonance principle, which indicates that the second instance industrial judge when solving an appeal against sentence must just limit himself to the matters subject of the appeal. This principle restricts the application of the content of the constitutional principle about the non-renounceability of minimal rights and guarantees consecrated in favor of workers. This situation poses a conflict of norms between a legal and a constitutional disposition. In sentence C- 968 of 2003 -where the authors were-, it was declared the conditioned constitutionality of the above mentioned principle understanding that the matters object of the appeal of sentence always include the worker's minimal non-renounceable industrial rights. |
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