Faculty of Social Sciences, Politics and Humanities

Law Program

“Debit litigation and Labor Disciplinary Proceedings”.

Teacher: RUTH ADRIANA RUIZ ALARCON

Student: Wilkin Herney Marin Pinto

Code: 01230291046

Labor Procedural Law: (29446)

April 10, 2023

ANSWER THE FOLLOWING QUESTIONS ABOUT THE
READING ANALYZED “DEBIT LITIGATION AND LABOR
DISCIPLINARY PROCEEDINGS”

1. ¿What does due process consist of on the occasion of the

disciplinary and sanctioning power held by the employer with
respect to the worker?

When it comes to the disciplinary and sanctioning powers of the

employer over the worker, due process becomes a fundamental
aspect to avoid abuses and violations of workers' rights.
Due process implies that every worker must have the right to be
heard and to produce evidence to defend himself in any
disciplinary or sanction process that is imputed to him. This means
that the employee must provide a basic set of guarantees that can
adequately defend the worker against the allegations made.
For example, the worker must have the right to be informed of the
complaints made against him and the reasons for them. Likewise,
the right of defense must be guaranteed, that is, that the worker
has the opportunity to respond to the allegations and present
evidence in his favor.
The employee is obliged to provide the basic guarantees that allow
the worker to adequately defend himself against the complaints
made and an appropriate sanction must be imposed for the crime
committed.
 2. Transferring concepts that are the subject of criminal law, to
the disciplinary labor procedure ¿When is the principle of
consistency violated?

By transferring concepts that are matters of criminal law to the

labor disciplinary process, some aspects of this principle may be
violated if certain basic rules and guarantees are not respected.
Transferring typical concepts of criminal law to labor disciplinary
procedures can, therefore, create confusion and violate the
principle of coherence. This is because in labor procedures the
rules and guarantees of criminal law are applied.
Secondly, it is important to respect the constitutional and legal
guarantees that apply to labor disciplinary processes. Applying
criminal law concepts without respecting these guarantees may
violate the principle of coherence.The labor disciplinary process
must therefore respect the guarantees and norms of this branch of
law without transferring concepts of criminal law that may cause
confusion or violate the rights and guarantees of workers.

3. Ignorance of the fundamental right to due process or of any

of the principles that comprise it, ¿What effects does it
produce in labor disciplinary matters?

Unfair sanctions: If the right to due process is ignored, there is a

risk that the worker will be sanctioned without having carried out a
thorough investigation and without giving him the opportunity to
present his arguments.
Nullity of the sanction: if the employer or the company fails to
comply with due process, the sanction imposed on the worker can
be declared null.
Employer or Company Liability: If it is proven that the company
acted arbitrarily and without following due process, it may be
responsible for compensating the worker for the damage suffered.
Loss of credibility: Lack of respect for due process can generate
mistrust towards the employer or company, among workers and
society in general, which can damage their reputation and image.
Legal issues: If a worker believes that their right to due process
has been violated, they can file a claim with the labor authorities or
go to court to demand that their rights be respected.