It Is Important To Ask What Goal

Munnaf979

In this way, the action filed would not be that of dismissal, but the action of civil liability for damages. Thus trying to compensate the damage that could have been derived from the violation of the contracting commitment. Although the most normal thing is to think that it would be the company that would violate this contract, it should be noted that it could also be the employee and that both would have to bear certain consequences.

Case law of the Supreme Court Something that should be emphasized is that non-compliance with this type of agreement has been regulated by the Supreme Court. From this body it is understood that there is a connection buy email database between the agreement that has not been respected and the employment contract that was not made effective, therefore, its jurisprudence admits social jurisdiction in these demands. In addition to this, the Supreme Court classifies the agreement reached as labor and not civil, thus associating this breach with contractual civil liability that is included in article 1101 and the following of the Civil Code.



They establish the claim of compensation in the social order. Thus, there would be an indemnity liability for the breach of these pre-contracts and they would be calculated based on the judgments of the Labor Chamber of the Supreme Court. These would be governed as those imposed by not hiring in a job bank that is regulated by a collective agreement and that follows the order of seniority. For this reason, when carrying out the claim, proof of the damage caused by the non-contracting and a weighting of the loss of opportunities and expectations caused by the breach of the pre-contract will be required.