Ordinary Labor Proceeding
The Conciliation and Arbitration Boards, rule the processing and resolution of individual and collective legal nature conflicts that do not require a special processing in application of labor standards, which tend to achieve balance and social justice in the workers and employers relationship, in accordance with the claims made in the terms provided for by the labor laws.
Ordinary proceeding 870 891
In the ordinary proceeding will be processed and solved legal nature individual and collective conflicts that don’t require a special procedure in the Federal Labor Law.
Filing of the lawsuit statement
The filing of the lawsuit statement will be made before:
- The Central Filing office or,
- The corresponding Board’s Reception Area.
Afterwards the corresponding agreement will be stated, and the date and time for the conciliation, lawsuit and exception hearing will be pointed out, which consists of two stages, that are explained below.
Conciliation, Claim, and Exceptions hearing
- Conciliation stage.
The goal is reaching an understanding between the parties by signing an agreement with the purpose to conclude the trial. If the parties do not reach this agreement, we’ll continue with the next stage, or the employer may submit its differences to arbitration.
- Demand and exceptions stage.
Here the plaintiff will ratify, clarify or modify its claim, and the defendant will proceed to answer it and state its exceptions and defenses, referring to each one of the facts adduced in the claim, by affirming or denying them and ignoring those not recognized. The parties may only reply and counter-replicate once. When concluded, they will be summoned for the hearing of evidence submission.
Hearing of evidence submission
The plaintiff will submit its evidence in relation to the facts in dispute. Immediately afterwards, the defendant will submit its evidence and object to those of its counterpart and it, in turn, may object to those of the defendant.
The parties may submit new evidence as long as they are related to those submitted by the counterparty, as well as those that tend to justify their objections to them and always, before the Board issues the respective agreement.
Once the period for submitting evidence has expired, the Board will immediately decide on the evidence admitted and those discarded, otherwise, the Board may decide to solve it within the following 5 days.
Only evidence regarding supervening events will be admitted after the hearing of evidence submission has ended.
Hearing for evidence submission
The properly prepared evidence will be submitted, trying to relief first those of the plaintiff and later those of the defendant, or given the case those that have been indicated to be submitted in their corresponding date. If they are not properly prepared, a new date and time will be indicated for their relief, using enforcement means.
If the evidence to be released is copy or documents that must be issued by authorities or third parties, the Board will require them previously in the terms indicated. The person who shows up to submit the corresponding evidence, it will be asked to identify itself with any official document; and if it doesn’t do so, the Board will grant it a three-day term to do so. Otherwise, the respective declaration will be left without effect.
At the conclusion of the evidences release, the Board shall grant the parties a 2-day term to present their arguments in writing.
Once the evidentiary hearing has been completed and the arguments presented by the parties, and after certification by the secretary that there is no more evidence to be released, the Board shall serve notice to the parties, for a three-day period, to express their agreement with this certification, under the warning that if after the end of the period indicated they did not do so and there is evidence to present, they will be considered abandoned for all legal purposes, and will proceed to declare the proceeding closed.
If, upon clearing the notification, the parties certify that any or some of the evidence offered was not submitted, the Board, with a citation of itself, shall indicate within 8 days, the date and time for its release, once the pending evidence, has been submitted, the parties will make written pleadings within the following 24 hours.
Done the above, the auxiliary, ex officio, will declare the proceeding closed and, within the next 10 days, will formulate in writing the award draft.
The award draft
Award draft copy will be given to each one of the Board members, who within the following 5 working days to which they had received a copy of it. Any of the Board members may request that the necessary steps be taken for the clarification of the truth.
The Board, with the subpoena of the parties, will indicate given the case, day and hour for the relief, within an 8-day term, of the pieces of evidence that were not carried out or the execution of the requested orders.
Once concluded the 5-day term granted to the Board members, the chairman will set a date for them to discuss and vote on the ward draft, which must be made within 10 days after the fixed term or the respective proceedings relief have ended.
Discussion, Voting, and Approval of the Award Draft
It will be held in Board Session, where the secretary will certify the presence of the participants who attend the voting.
If the award draft was approved without additions or modifications, it will be raised to the category of award and will be signed by all the members of the Board.
If modifications or additions are made to the draft, the secretary will be ordered to immediately draft the award, as approved.
The award will be enlarged and the actuary will be called to personally notify the parties.
Definitiveness and Clarification of the Award
Once the award has been notified, any of the parties within a 3-days term may request the Board to clarify the resolution, correct errors or specify a point, however, for any reason may change the resolution’s sense.
In case the employer refuses to comply with the award, it may challenge it and promote direct protection.