Título Decimocuarto

Arts. 415–42410 articlesTexto al 15 oct 2018

Article 415Amended

The Ministry of Labor and Social Welfare, through the General Labor Inspectorate, has direct authority to initiate and decide actions for offenses committed against labor and social welfare laws, pursuant to Article 281 of this Code.

Once the administrative route sanctioning the person deemed to have violated labor and social welfare rules or to have obstructed inspection work has been exhausted, after having filed the appeal provided for in Article 275 of the Code, such person may initiate the Labor and Social Welfare administrative-dispute proceedings established in Article 417 before the Labor and Social Welfare Trial Court of the jurisdictional zone corresponding to the place where the work is performed, within twenty (20) working days following notification of the decision on the application for revocation.

The claim in the Labor and Social Welfare administrative-dispute proceedings shall contain the same requirements established in Article 332 of this Code. Where the violation relates to non-compliance with rules on minimum general conditions of employment, work, health and occupational safety provided for in labor and social welfare legislation, for the filing of this action, the violator must establish that it has adopted measures ensuring compliance with labor regulations.

(Reformado por el Artículo 25 del Decreto 18-2001 y por el 8 del Decreto 7-2017, ambos del Congreso de la República).

Article 416

They are obligated to report, without thereby incurring liability:

a)The judicial, political or labor authorities who in the exercise of their functions acquire knowledge of any violation of labor or social welfare laws; and

b)All private individuals who acquire knowledge of an offense committed in violation of the prohibitory provisions of this Code.

Article 417Repealed

The processing of the contentious-administrative proceedings of Labor and Social Welfare shall be conducted as follows: The judge of Labor and Social Welfare or, in places where there are judges of Labor and Social Welfare for the Admission of Claims, shall admit for processing the action filed against what was decided in the application for revocation. In the aforementioned decision, it shall also set day and time for the claimant and the Ministry of Labor and Social Welfare to appear at the sole hearing to be held within the ten (10) working days following admission of the action. This shall be done under warning of continuing the trial in default of the party that fails to appear, without further summoning or hearing such party.

The hearing shall be oral. At such hearing the parties must appear with their respective means of evidence, assuming the corresponding procedural positions, which must be decided at the same hearing.

At the same hearing the judge of Labor and Social Welfare shall render judgment or, for exceptional duly justified causes, shall render it within the following three (3) working days after conclusion of the hearing. If the judgment dismisses the claim of the person who was sanctioned in administrative venue, it shall order payment of the fine imposed plus interest calculated from the date on which the judgment becomes final based on the current weighted bank rate published by the Bank of Guatemala.

The judgment must be reasoned and, in accordance with the principle of congruence, must rule on the validity of the violation and/or the fine and, where applicable, shall confirm payment of the fine and shall order remediation of the violation that gave rise to the sanction, establishing a time limit of no more than thirty (30) days, and shall send a certified copy of the judgment to the General Labor Inspectorate for verification.

If the decision of the General Labor Inspectorate becomes final upon conclusion of the contentious-administrative proceedings of Labor and Social Welfare, the General Labor Inspectorate shall file an enforcement action under the proceedings established in Article 426 of this Code. The right of those entitled to demand compliance with an obligation recognized by law to initiate the respective procedure is reserved.

The time limit for filing the judicial enforcement action expires in three (3) months from the date the decision has become final in administrative venue or has become final in judicial venue.

(Derogado por artículo 29 del Decreto 18-2001 del Congreso de la República; Artículo creado por el Artículo 9 del Decreto 7-2017 del Congreso de la República).

Article 418Repealed

An appeal lies against the judgment, which must be filed within a time limit of three (3) days. The judge shall elevate the record to the corresponding Chamber of the Court of Appeals for Labor and Social Welfare, within a time limit of two (2) days.

Upon receipt of the record, the appellate tribunal shall grant a hearing for forty-eight (48) hours to the parties to express grievances and shall resolve the appeal within the following five (5) days, confirming, revoking or modifying the judgment of first instance.

When the judgment becomes final, the case file shall be returned to the judge who heard the case at first instance for its respective enforcement.

(Derogado por artículo 29 del Decreto 18-2001 del Congreso de la República; Artículo creado por el Artículo 10 del Decreto 7-2017 del Congreso de la República).

Article 419Amended

As soon as the commission of an act to which this chapter refers comes to the knowledge of the General Labor Inspectorate, either through direct knowledge thereof or by complaint, it shall issue a decision ordering that the corresponding verification be carried out as soon as possible. To that end, all authorities are obligated to provide it with the necessary assistance.

(Reformado por el Artículo 26 del Decreto 18-2001 del Congreso de la República).

Article 420Repealed

If in said appearance he does not acknowledge the truth of the facts imputed and proposes the means of evidence he deems appropriate, the trial shall be opened to evidence for a term not exceeding ten days, after which the tribunal shall render judgment within the five days following its expiry. All of this under the strict liability of its holder.

The decision ordering the opening to evidence shall be issued within the twenty-four hours following the holding of the preliminary examination and shall also be notified to the accuser, if there be one, so that he may present the evidence he deems appropriate.

In any case, the judge on its own initiative shall order such investigation as he deems appropriate in order to verify the reported facts.

The evidence offered shall be received with notice to the opposing party.

(Derogado por artículo 29 del Decreto 18-2001 del Congreso de la Repú- blica).

Article 421Repealed

An appeal lies against the judgment, which shall be filed within three days of its notification. If no appeal is filed, the record shall be elevated in consultation to the corresponding Labor and Social Welfare Appeals Chamber, which must finally decide within eight days of receipt of the record, without any prior procedure and under the strict responsibility of its incumbents.

(Derogado por artículo 29 del Decreto 18-2001 del Congreso de la República).