A limit to the responsibility of the principal company in the procedure of labor guardianship. Comment to judgment of the most Illustrious Court of Appeals of Conception
The responsibility of the principal company in the procedure of labor guardianship is a topic that continues being discussed in our jurisprudence, existing essentially two positions: that one that makes the solidary responsibility entirely applicable established for artículo183-B and following of the Code of the Work, versus that one that establishes that the procedure of subcontracting do not have any relation with the procedure of labor guardianship. The judgment that is analyzed in this article chooses, by means of very solid arguments, for the second position: that the article 183-B of the Code of the Work does not have application for the procedure of labor guardianship. Nevertheless, in the negative thing, the failure establishes that the principal company does not answer in this type of procedures inclusive having interference in the violation of fundamental rights, which is to me erroneous.
Keywords:
Labor guardianship, fundamental rights, principal company, solidary responsibility, subsidiary responsibility, 183-B article
Author Biography
Rodrigo Sanhueza Torres
Abogado de la Pontificia Universidad Católica de Chile y ayudante de los profesores Cecilia Sánchez y Fernando Arab. Diploma en Derecho del Trabajo y Seguridad Social de la Pontificia Universidad Católica de Chile
Sanhueza Torres, R. (2016). A limit to the responsibility of the principal company in the procedure of labor guardianship. Comment to judgment of the most Illustrious Court of Appeals of Conception. Revista Chilena De Derecho Del Trabajo Y De La Seguridad Social, 6(12), pp. 186–195. https://doi.org/10.5354/0719-7551.2015.40153
