Legal Instruments for Dispute Resolution in Social Courts

Instruments for Dispute Resolution in Social Courts

Parties may obtain the revocation or cancellation of dispute resolution instruments (orders, cars, and especially sentences).

Rating

1. Facing Final Decisions

A. To Include Replenishment Orders or Orders and Pleading

In front of judgments or orders, supplication and appeal for unification of doctrine, or ordinary cassation complaint may be possible.

B. Resolutions

Firm but no appeal review.

2. Specific Legal Resources

R. Reposición (Replacement)

(451a454 LPL 184a186 LEC) May be filed against orders or orders given in social courts unless terminated by the same body that handed down the decision against the measure that solves no appeal except when complaint or supplication is expressly provided for.

R. Suplica (Supplication)

Against the decision or orders given in the social hall (TSJ, AN, and TS), except when resolved by the same organ. An injunction against this car has no appeal or cassation complaint unless expressly provided for.

If it is judged social for replacement and if collegiate pleads:

R. Suplicación (Appeal)

(188a202 227a233 LPL) Is brought against judgments or orders given in social courts (affects the commercial when labor law applies). Judgments are appealable in supplication (189, 190 LPL). The criteria are:

• Reason: If it exceeds a value of 1803.04 €, it may be possible if coupled with smaller amounts above that criterion.
• Procedural Reason: There is always an appeal against dismissal or Social Security (189.1 LPL) and no appeal against vacation, job classification (189.1b appeal lies).
• General Involvement: (189.1d) A foul penalty relief procedure.

Resource Objects (191 LPL):

• A. For infringement of warranty standards or procedure: Replace the case back to the state where the rules were infringed upon, producing helplessness (191st).
• B. To review declared facts provided (documentary or expert evidence).
• C. Infringement: Examination of substantive rules (law or civil code) or jurisprudence (Supreme Court).

Processing (192a197 LPL):

1. Before the Social Judge (the majority), the manifestation of will is the writ or verbal statement expressing the desire to appeal. It is permitted if it meets requirements. The originating LPL must include a heading (room, parties, resolution contested, and counsel), history (the application), reasons, signature, and address. This letter should indicate with sufficient clarity and precision the ground/s it relies on, citing the legal standards infringed. A deposit of 150.25 € should be credited.
2. There are two performances: appropriation and deposit (only employers, mutual funds, etc.). If not conducted formally, the defect involves the application. A written objection, arguing the appeal within five days, arises. The Supreme Court resolves the appeal and can estimate (replace the case back to the state it was at the time of the infringement (191.1a)) and 191.1 c ST revoked the ST instance and rule on the merits under law. If the ST is confirmed rejecting the instance: loss of condemned appropriation or costs (maximum 600 for categories of counsel).

R. Casación (Cassation)

(203a215 227a233 LPL) Against ST single instance given in the social rooms (TSJ, AN), i.e., solving given ST collective issues. It is necessary to adduce documentary evidence. Conducted before the social hall of the instance, the parties appearing before the Social Chamber of the Supreme Court, Supreme Court for resolutions.

R. Casación for Unification Doctrine

Against judgments appealed in the social hall, the Supreme Court has the doctrine to unify conflicting judgments to identical situations, then to facts, foundations, and forms. The ST must be identical. The reason is a legal offense, usually of substantive rules of jurisprudence.

Processing:

1. Preparation of the frequent recourse to the social hall of the Supreme Court.
2. Contradiction between sentences.
3. Consignment.
4. Summons.

Appearance before the social hall of the Supreme Court:

1. Written interposition.
2. Deposit to appeal, challenge.
3. Written statement.
4. Intervention of the Public Prosecutor.
5. Judgment sentence.

The Supreme Court resolves and can be estimated or dismissed.

R. Queja (Complaint)

An instrumental resource, brought against the order where the court denied access to a resource to a higher court.

Processing: An appeal must first be replenished, then a complaint is begged (resolved by the parent body). There is no appeal against the order that resolves the complaint. The court declared admissible when (appeal or supplication) would be resolved by the Supreme Court.

R. Revisión (Revision)

Against any final judgment by the organs of the social order, resolved by the Supreme Court (LEC 510). Cases after sentencing are vital documents, fake documents, false testimony convicted for, bribery, violence, or plot.