Omisiones jurídicas en aceptación de acción de protección comité de empresa CNT vs CNT.

Abstract

The Company Committee of the National Telecommunications Corporation CNT EP filed a protection action against the public company on the grounds that they requested that the violation of the rights of the public servants of the institution be declared due to the fact that the administrative employees were not included. in the initial collective agreement signed by both parties and which defined as beneficiaries those who hold the status of workers; being that both groups have a different legal regulation regarding the treatment of their employment relationship (Labor Code and Organic Law of Public Companies). Despite this, the judge who hears the case agrees with the representatives of the Company Committee and, through a ruling, declares the violation of rights and orders the payment of the salaries and benefits obtained, even with retroactive effect. Thus, the possible abuse of the right by who has the power to impart justice under various parameters and not failing against the express norm.