Problemática del artículo 172 numeral 1 del Código de Trabajo por prisión preventiva.

Abstract

The present work, entitled PROBLEMS OF ARTICLE 172 NUMERAL1 OF THE LABOR CODE FOR PREVENTIVE PRISON, is oriented to try to solve the interpretation that exists with respect to the workers who are subject to a precautionary measure of preventive detention within a criminal process, and if this scenario empowers an employer to initiate an administrative procedure of approval by the cause number 1 of article 172 of the Labor Code, to conclude the labor relationship. But here is the controversy, if a preventive imprisonment order makes a worker incur in unjustified absences or if this scenario is considered a fortuitous case or force majeure that would justify the worker's non-attendance. For this reason, by attending to the jurisprudence and the legal guidelines established in the Organic Integral Criminal Code, Labor Code, Civil Code, ministerial agreements of the Ministry of Labor; we will establish the correct procedure, within this factual assumption, to be able in each particular case to reach a solution that corresponds to the constitutional rights of legal certainty, motivation and effective legal protection.