Aplicación de las providencias preventivas dirigidas a salvaguardar el cobro de haberes laborales previo dictamen de sentencia.

Abstract

The use of jurisdictional guarantees is vital for the defense of rights that could be violated or that represent an imminent danger, like in the precautionary measures, these have different names such as preventive measures. The study and attention that the precautionary measures must receive is thanks to the wrong interpretation of its main objectives, the origin of this legal concept compared to the praetorial stipulations, which has been seen since the Roman Law, is extremely important in order to the development of this academic work. The general purpose, which is also the main incentive in the decision to elaborate the current research topic, is to introduce students, professionals and other legal scholars, indirect and ouright constitutional neglect that the workers are receiving in the legal dispute with their employer for the collection of labor salaries becuase at the moment just the Labour Code foresees that the precautionary measures could only be filed in the event of a conviction, which gives plenty of time to the employer to perform malicious acts like creating a trust, transferring foreign currency to tax havens, simulating acts or contracts, etc-, with the purpose of not granting the values that by law would correspond to the worker. The methodology used was inductive, because of the logical support of the premises, considering other legal precepts in the constitutional ambit and facing daily the hard reality of workers that, even though they get a favorable judgment, they still don’t receive the payments of the debts the employers have with them, which gives as a result a conclusion in general ambit due to to the lack of information of the judicial operators regarding the normative knowledge of the jurisdicitional guarantee of precautionary measure, therefore there is a much needed solution through a reform of the articles 124 COGEP y 594 Código Laboral.