Impresición legal del inciso cuarto del art. 440 del código del trabajo, en relación a la acreditación de la personería si la suspensión y disolución de las organizaciones de trabajadores fueren propuestas por los trabajadores

Paragraph 4 of Article 440 of the Labor Code expressly that "Workers' organizations shall not be suspended or dissolved only by oral procedure established in this Code. If the suspension or dissolution man be given by these workers must prove their status." The final part of this provision indicates that "if the suspension or dissolution man be given by these workers must prove their personality" and if it is given by employers, is not procedurally required to prove their legal status? This part of the rule is inofficious and she has not won anything, because, for the general procedural principle, the parties involved in the process, must have legal standing and demonstrate, in addition, the law requires that both the plaintiff, as the defendant, in all trials, should be sued, and if not were any, can not legally appear in a process. In all procedural relationship, persons involved, must be able to be part of, to stand trial and to sue for or to act. The ability to share the same general legal capacity transferred to the civil process, therefore, has the capacity to be part having legal capacity and consequently generally every subject can be legally able procedural part and, conversely, who is not legally may not be able procedural part. However the ability to stand trial is one that empowers the subject to take procedural steps; this is called proceedings. The legitimacy to act, is the effective law owns the asset subject to initiate an action and get the final resolution correlative favorable. From the above it follows that those who want to start a process must have the qualities mentioned, otherwise, may not intervene as a party legally. Perhaps the legislature meant that, if the claim is filed by workers must show their personality from the start of the demand, the multiple problems that exist on this issue, mainly because, in a company or business, there one or more employees or associations of them, permanently, the direction of the same dispute. Anyway, this it is a further demonstration of the limited ability to legislate has traditionally our legislators. For a law to be valid, must be consistent with the entire legal system, and must be clearly written in elegant shape, the best styles and the legal technique that each case requires. The rule has not commented on these features, which contains a defect line: it seems that only workers are required to prove their legal status and the release of this procedural obligation on employers.

• Váldodahkki: Poalacin Iza, Edwin Marcelo (author)
• Materiálatiipa: bachelorThesis
• Giella: spa
• Almmustuhtton: 2014
• Liŋkkat: http://dspace.unl.edu.ec/jspui/handle/123456789/16950