Garantías y competencias de la Ley, en la sustentación del visto bueno para el derecho a la defensa en el orden laboral.

Abstract

The approval process is an exceptional procedure in labor relations. This paper focuses on the analysis of Article 621 of the Labor Code. The objective is based on the case for amending this article to establish, within a peremptory period, the resolution of labor disputes in public and private spheres, through the employee and the employer, to safeguard legal effectiveness and the labor rights of workers. The approach is qualitative and descriptive, with a legal and documentary methodology. A bibliographic review technique was used, compiling a variety of sources that consider all the arguments and legal articles in the labor order, generating results that demonstrate the lack of clarity within the 30-day period mandated by law. It is concluded that three elements should be regulated, revised, or implemented as proposals. First, it is recommended that Ministerial Agreement MDT 2024-041 be repealed, with respect to the provisions of Section 8 of Articles 172 and 173 of the Labor Code, regarding the commission of acts of harassment of any kind. Second, programs and actions should be created through the National Assembly that involve actors specialized in labor law. And third, reforms should be made to Article 183 of the Labor Code, regarding appeals, which are made solely before the Regional Director of Labor. This is done with the sole objective of generating efficiency in the process and protecting the rights of both parties.