In such circumstances, reaching an agreement is also discouraged and distorts the nutritional nature of the Labor indemnification.
This situation is reached because the director of the SECLOwithout formalizing his replacement or designating who would sign the approvals, while it is not normalized.
But like him SECLO enables arbitration, a voluntary procedure, when conciliation does not achieve its objective, I have used it and in a short period of time, two or three days, I have issued the award, which has the effect of res judicata and the SECLO registers.
He referee It must be designated by both parties and has the effect of res judicata, which is why, from the academic and practical point of view, I define it as “having the form of a contract and the soul of a sentence.”
Arbitration can also be resorted to directly and, for example, in cases of mutual agreement to terminate the contract, the private judge is the one who gives it compensatory nature, since the notarial action only attests to the agreement and the gratification does not close the process. eventual claim, as resolved by the Supreme Court of Justice.
In this last sense, it generates a tax credit for whoever pays, in addition to giving legal security to all those who had a conflict and it has been resolved in real time.
This is not magic, it is the application of current regulations since conciliation and arbitration complement each other to achieve an adequate administration of justice, when the public judicial route takes a long time.
Conciliator and Arbitrator (Registration 112 SECLO).
Source: Ambito
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