#SeriesAFFAN - PROCESSES Chapter 4: Contentious-administrative process of labor and social security - Origin and procedure 1. What is a lack of work? (art. 269 Labor Code) These are the infractions or violations by action or omission that are committed against the prohibitive or mandatory norms contained in the labor regulations, which are susceptible to being sanctioned with a fine. 2. Give 5 examples of lack of work (art. 272 ​​Labor Code) Failure to pay wages and other labor benefits entails a fine of 8 to 18 minimum wages for non-agricultural activities. –paragraph a)- Violating a prohibitory provision, from 2 to 10 minimum wages – paragraph b) For violating a mandatory provision regarding the title of the code on wages, working hours and rest periods, from 6 to 12 minimum wages – paragraph c) For violating a mandatory rule on hygiene and safety at work, from 8 to 16 minimum wages –paragraph d) For not attending a work summons, from 5 to 10 minimum wages –paragraph f). 3. When you are notified of a fine, what can the sanctioned person do? You can: File an appeal for revocation – art. 275 of the Labor Code. You must pay the fine within 5 days of being notified. You can request a 50% exemption if you can prove that you corrected the violation. 4. What happens if the offender does not pay the fine voluntarily? An enforcement process will be initiated, in accordance with the labor code. –art. 426 Labor Code - 5. What is the procedure for the revocation appeal? (art. 275) It is filed before the administrative department that issued the resolution within -48 hours The proceedings are forwarded "to the ministry" (to the minister) It is resolved within -8 days 6. If the revocation appeal is resolved unfavorably, what can the sanctioned person do? He or she can initiate a contentious-administrative labor and social security process. 7. When does the contentious-administrative labor and social security process proceed? It proceeds to challenge resolutions where a subject has been convicted for violating labor or social security regulations, after having exhausted the revocation appeal. 8. State the procedure for the contentious-administrative labor and social security process Step 1 - the claim is filed within 20 days of notification (art. 415 - Labor Code) The claim is qualified; Step 2 – a day and time is set for the parties to appear at the oral hearing – 10 days after the action is admitted. (art. 417 - Labor Code) Step 3 – a resolution is issued - at the same hearing or no later than 3 business days thereafter (art. 337 - Labor Code) 9. Is there any appeal against the decision made in the administrative dispute of labor and social security? An appeal is available. (art. 418 Labor Code) 10. State the procedure for the appeal of the administrative dispute of labor and social security process. Step 1 – it is filed - 3 days after notification (art. 418 - Labor Code) Step 2 – the files are submitted to the chamber of the labor and social security court of appeals – 2 days. (art. 417 - Labor Code) Step 3 - a hearing is granted for 48 hours to the parties to express grievances (art. 337 - Labor Code) Step 4 - it is resolved in 5 days We share with you the link where you can download the study material https://drive.google.com/file/d/1whlr... If you are interested in any of our courses, leave us your information and we will contact you to provide you with more information: https://forms.gle/iSku3D97sYYRRbhK6 Don't forget to subscribe to our channel and activate the notification bell 🔔 so you know when we upload new academic content. Winning your private sessions changes your life!