Abandonment in work material
July 15, 2024

Autor: Abg. Karla Cornejo

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In the sphere of labor law, our legislation very aptly protects the rights of workers, due to the history behind it. As established in our Constitution and legal regulations, the rights of workers are inalienable, therefore, the law provides special protection for the defense of worker rights.
One of the protections that the law provides is that contained in article 247 of the General Organic Code of Processes, regarding abandonment, establishing that it does not proceed in cases involving labor rights of workers.
From the previous paragraph we observe that the law only refers to the labor rights of workers, leaving aside that of employers, since, in professional practice, there are workers who initiate legal proceedings aimed at defending their rights and abandon them. , they do not attend the hearings, they appeal and do not appear to defend the appeal and since there is no regulation that establishes how many times the judge must reconvene hearings if the worker decides not to attend, the parties are forced into an infinite repetitive cycle of summons to hearings, causing the resources of the State and the party to be invested
In conclusion, in order to guarantee the rights of the parties, as well as respect for the law, the Legislator should establish a limit regarding the non-attendance of hearings by the
workers, so that they can conclude those processes that fall into evident abandonment.


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