To what extent to endure to make the determination to formally claim?
Having problems at work can be a constant for people. However, to what extent must the employee endure to make the determination to file a lawsuit? In addition, it is important to know what it should contain, where and how to present it.
The labor demand is the most used mechanism to solve problems or conflicts between employer (company) and worker. However, it must fully comply with the stipulated requirements, so that it is not returned to the person who interposes it.
Labor lawsuits are the most frequent way to resolve labor disputes.
Then, to sue for labor, the requirements demanded in article 25 of the Labor and Social Security Procedural Code must be taken into account, which, according to Leonardo Mejía López, director of the firm Mejía López Estudio de Abogados, must contain at least “the designation of the judge to whom it is addressed; the names of the parties and their representatives; the domicile and address of the parties; the name, address and address of the plaintiff’s legal representative, if applicable.”
Likewise, Javier del Real Hernández, lawyer of the same firm, says that it must have “the indication of the type of process; whatever is intended, expressed precisely and clearly; the facts and omissions on which the claims, classified and listed, are based; the grounds and reasons of law; the individualized and concrete request for the means of proof, and the amount, when its estimation is necessary to establish jurisdiction”.
Similarly, the demand must be accompanied by the power of attorney, copies (the amount must be equal to the number of defendants). In addition, you must have documentary and advance evidence, proof of exhaustion of the administrative claim if applicable, and proof of existence and legal representation.
The term to remedy the claim is five days, and can be amended only once within five days of the expiration of the term.
Articles 5 et seq. of the Code of Labour Procedure stipulate, in summary, that the application is filed in the last place where the service was performed or at the defendant’s domicile, and that it is filed before the labour judge of the circuit, and if this does not exist, then it is filed before the civil circuit judge.
Last but not least, it is recommended to report to the Ministry of Labor any abnormality that is violating your rights as a worker.