Conclusions of the 2021 National Jurisdictional Labor and Procedural Labor Plenum

N°

Problem raised

Result

1

Does a trusted worker returning to his or her regular job have the right to continue to receive his or her usual remuneration?

A trusted worker who returns to his or her regular post is entitled to continue receiving remuneration not for the trusted post but for the original post.

2

Does indefinite employment automatically determine the right of the worker to receive the social benefits that, by express provision of the rule, require compliance with a minimum of four hours for granting?

Determining the existence of an indeterminate contract by denaturalization of a civil or fixed-term contract does not imply the performance of work greater than the minimum days of labor required the perception of a certain social benefit, since it is not possible to confuse the nature of the work with the fulfillment or satisfaction of the requirements for the perception of social benefits.

Therefore, crediting a day of less than four hours is sufficient reason to determine that the worker has not met the requirements for receiving the corresponding labor benefits.

3

Can the judge, in execution of a judgment, order the withholding of sums linked to legal obligations that have not been the subject of a ruling in the judgment or in the dispute in the proceedings?

In executing a judgment, employers may arrange for the legal withholdings to be made, as appropriate. In this case, it must proceed in the same way as withholdings from the worker's wages are made and payroll payments are processed.