Abstract

RODRIGUEZ COQUET, Roberto Jesús. Insufficiencies of the Cuban jurisdictional procedural legislation regarding the solution of labor disciplinary litigation. Rev. latinoam. derecho soc [online]. 2023, n.37, pp.3-34.  Epub Jan 12, 2024. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2023.37.18537.

We determine the quality of the procedural normative legal provisions for the solution of individual labor disciplinary litigation for civil workers of the Cuban public sector in the courts of justice and the establishment of due labor process. Objectives: to diagnose the quality of the procedural normative legal provisions to solve these litigations, identifying the possible jurisdictional insufficiencies that contradict due process and formulate improvement proposals for them that consecrate the guarantees of due judicial process. Methods: of the generals of theoretical scientific research: method of dialectical analysis, method of analysis - synthesis, induction - deduction and method of exegetical - legal analysis of norms. Of the generals of empirical research: observation, a variant of document analysis; measurement, with interview technique; legal historical analysis and comparative analysis of the rules. Insufficiencies: procedural labor legislation was not enacted; denomination in the Code of Processes of the work process as summary; absence of general principles of the work process; Legislative dispersion and intertemporal gaps. We provide: diagnosis of the quality of legal regulations and procedural work provisions for judicial headquarters; a historical systematization of the forms of conflict resolution and disciplinary litigation at work; proposals for legislative bases for the improvement of the work process in court and an updated monograph on the jurisdictional work process.

Keywords : due process; jurisdiction; work process; disciplinary litigation.

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