Test effectiveness of availability of labour rights in the end by settlement processes

Abstract

To realize the present work, we have gathered the information in three phases and of the following way: First, we interview to several justices of the Top Court of Justice of the Freedom, which allowed us to determine the criterion of the same ones, respect of the effective use of the test of availability of rights, in the processes that culminate by means of conciliation. Likewise, we have analyzed by means of statistical pictures the minutes of the First Learned Court of Peace, as well as of the Third and Fourth Specializing Court in Labour, of the processes that culminated for conciliation in the year 2011. Finally, it took by means of the technology of expert's judgment to ten processes of the First Learned Court of Peace, as well as from the Fourth Specializing Court to effects of realizing the respective liquidations of Social Benefits (including only Gratifications and Compensation in Time of Services, for being these the principal unavailable rights), to effects of corroborating the same ones with the amounts that were harmonized in his oportunidad.e Peace Lawyer, as well as from the Fourth Specializing Court t), to effects of corroborating the same ones with the amounts that were harmonized in his opportunity. Hereby, we have verified our hypothesis, concluding principally, that in the New Procedural Labour Law, by means of the application of the Test of Availability of Laws damages Irrenunciabilidad's Beginning of Labour laws.