Debido proceso y procedimiento disciplinario laboral

Abstract

Labor relations have been characterized for the subordination; a power to be exercised within the limits set forth by the Constitution, the law, and the Internal Labor Rules; its intention is to impede the arbitrary and abusive use of this power. In this sense, the Constitutional Court has established that even private entities should respect the due process and its principles during the execution of any disciplinary investigation; therefore, the article is intended to build a tool to explain how to apply the principles of a due process within a Corporate Disciplinary Procedure, describing the stages to be reached to avoid the violation of basic rights of employees who may be involved in a disciplinary investigation; stages which are indispensable for the validity of the penalty to be imposed. (English) [ABSTRACT FROM AUTHOR]