La violación del debido proceso en la designación de los miembros del tribunal de conciliación y arbitraje.

Abstract

The present investigation had as its general objective to identify the violations of due process in the substantiation of collective disputes, to achieve this objective the theoretical assumptions of the procedures applied in the appointment of the Conciliation and Arbitration Courts in collective disputes were analyzed. , the precautionary measures applied in the processes of substantiation in collective conflicts were described, as well as a reform of the Labor Code in relation to the formation of the Conciliation and Arbitration Courts was also proposed. The methodology was based on the qualitative approach in order to analyze the regulations that refer to the formation of the conciliation and arbitration courts in order to determine whether the procedure that is carried out guarantees the rights of the workers. This investigation concluded that due process is flagrantly violated in the appointment of the members of the conciliation and arbitration court at the time that people who are part of the company are appointed, consequently, this situation vitiates the decisions that are taken by said courts. The investigation proposed to carry out an amendment to article 474 of the Labor Code in order to declare the nullity of the processes in which the appointment of independent members to the interests of the process is not guaranteed.