La prescripción extintiva de acciones laborales.

Abstract

The Expiratory Prescription is the one that determines, after a certain period of time, the finalization of the faculties to exercise rights or actions, which is necessary to be able to maintain legal security and order in society. It should not be confused with the expiration, since in the latter it works ipso iure, while the prescription should be alleged, in addition, the expiration denotes the absence of exercise conceived as an objective fact, on the other hand, the prescription part of a subjective fact, the negligence of the owner. With respect to labor actions, they have statute of limitations, which will be established in the time indicated in the Labor Code, however, conflicts may arise regarding the criterion where the interruption of the prescription of labor actions is under the citation or through the filing of the claim, the first being the correct one, since, the Labor Code refers to the provisions of the Civil Code, in turn, for the substantiation of the trials should apply the rules of the Organic Code General of Processes, and normatively it is anticipated that it is by means of the citation, in the same way with the jurisprudence where the judges express the same thing.