Research articles
How to Cite
Ugarte Cataldo, J. L. (2010). Labor guardianship of fundamental rights and the proof. Pro Jure Revista De Derecho - Pontificia Universidad Católica De Valparaíso, 33(2). Retrieved from https://www.projurepucv.cl/index.php/rderecho/article/view/707
Abstract
The labor justice implemented by law No. 20.087, contemplates the so-called action of labor guardianship, central aim of which is the protection of the fundamental non-labor related rights of the worker, such as privacy, freedom of speech or the honor. Among the rules stated for said action, there is a legal rule that alleviates the probatory effort of the victim -the worker- from the injurious behavior of the employer. As this article explains, said legal rules changes the material burden of the proof. In other words, who has to bear the cost that has not been sufficiently proven in the proceedings.