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Answer The Following Questions About The Reading Analyzed

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William Parodi
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48 views2 pages

Answer The Following Questions About The Reading Analyzed

Uploaded by

William Parodi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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William Parodi – 01220291001

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?
Due process in the context of the disciplinary and sanctioning power held by the employer
over the worker consists of several key principles and procedural steps that must be
followed to ensure fairness and legality.
The employee must be formally notified of the disciplinary action being taken against them,
including the specific conduct that is being questioned. The employer must consider any
shortcomings in the employee's conduct and provide a provisional classification of the
alleged disciplinary infractions. All evidence supporting the charges must be shared with
the employee, allowing them to understand the basis of the accusations.
The employee should be given a reasonable timeframe to present their defense, either
orally or in writing, to contest the evidence against them. The competent authority must
issue a final decision that is well-reasoned and consistent with the evidence and
arguments presented. Any penalty imposed must be proportional to the infraction
committed, ensuring that the punishment fits the nature and severity of the misconduct.
The employee should have the right to challenge the decision through appropriate legal
channels, ensuring that they can seek redress if they believe the process was flawed
2. Transferring concepts that are the subject of criminal law, to the
disciplinary labor procedure ¿When is the principle of consistency
violated?
The principle of consistency, also known as the principle of congruence, is crucial in both
criminal law and disciplinary labor procedures. It requires that the charges brought against
an individual must align with the evidence and the sanctions imposed. In the context of
disciplinary labor procedures, this principle is violated when there is a lack of alignment
between the accusations made against an employee and the actual facts or evidence
presented during the disciplinary process. According to the document, the Supreme Court
of Justice emphasizes that there must be congruence between the accusations and the
actual facts of the case. If the disciplinary authority imposes a sanction that does not
correspond to the severity of the misconduct or if the charges are not clearly defined and
substantiated, the principle of consistency is violated.
Additionally, the document highlights that the disciplinary procedure must adhere to the
established regulations and that any sanctions must be proportionate to the misconduct. If
the sanctions are arbitrary or disproportionate, this can also constitute a violation of the
principle of consistency
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?
The ignorance of the fundamental right to due process, or any of the principles that
comprise it, can have significant effects in labor disciplinary matters.
Invalidation of Sanctions: If due process is not observed, any sanctions imposed on an
employee may be deemed invalid. This means that the disciplinary actions taken could be
overturned, and the employee may not be held accountable for the alleged misconduct.
Violation of Employee Rights: Ignoring due process principles can lead to violations of the
basic rights of employees. This includes the right to a fair hearing, the right to be informed
of the charges against them, and the right to present a defense. Such violations can result
in legal challenges and claims of unfair treatment. Arbitrariness in Disciplinary Actions:
Without adherence to due process, disciplinary actions may become arbitrary and
capricious. This undermines the integrity of the disciplinary system and can lead to a lack
of trust among employees regarding the fairness of the process. Legal Repercussions for
Employers: Employers who fail to respect due process may face legal repercussions,
including lawsuits or claims for damages from employees. This can also lead to
reputational damage and a loss of employee morale. Increased Litigation: The absence of
due process can result in increased litigation as employees seek to challenge disciplinary
actions that they perceive as unjust. This can lead to prolonged disputes and additional
costs for the employer

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