This article analyzes the essential elements that the labor disciplinary process must observe in the sense that the employer can go to the dismissal of a worker for the fact that he has incurred in a conduct susceptible to disciplinary sanction. The study conducted according to the analysis of the applicable legislation and jurisprudence for specific cases, identifying the most relevant criteria that employers must consider when they initiate, advance, and make decisions within the framework of labor disciplinary investigations. These processes are characterized by having their own principles for their application, which seek to guarantee certain fundamental premises, such as social and economic rights themselves. Contrary sensu, it could be established that the result lacks justification and, consequently, leave decisions such as the termination of the employment contract without legal effect.
publication date
July 31, 2023 8:49 PM
Research
keywords
Due process, dismissal, labor law, non bis in idem.
