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发表于 2023-4-8 16:10:42 | 显示全部楼层 |阅读模式
The sentence of June 17, 2014 of the fourth chamber of the TS consecrates this jurisprudential line, which continues to be applicable. In it, the high court defends that this change of criteria allows greater protection of the worker in tune with the spirit of the norm. It is no less true, however, that on some occasions the courts have admitted exceptions to this rule. There have been few cases, in which the economic amount discussed was certainly high. Reference can be made, above all, to litigation originating from collective conflicts and which, therefore, affect a large number of workers.

Although some jurists see in this decision the last blows of the previous jurisprudential line, its defenders argue that the guarantees that surround the collective conflictthey make it easier to prove that there is truly a wellfounded discrepancy whatsapp mobile number list regarding the amount owed. It would not be the trick of a businessman who decides not to recognize a debt to avoid paying 10% interest, but a real confrontation in the interpretation of an agreement or contract. For this type of debt, however, it is possible to claim the legal interest on the money in article 1108 of the CC. Interest originated after the labor procedure Until now.



Interest originating as a result of nonpayment of the labor debt has been addressed. Said interest, which begins to accrue at the moment in which the salary should have been paid, will stop running at the moment in which the worker presents the corresponding demand. It should be noted that no interest arises during the time in which the dispute is pending resolution by the courts. Otherwise, the consequence of procedural actions , the progress and resolution of the judicial process, which are outside their sphere of control, would be transferred to the parties to the dispute. On the other hand, and from the moment the sentence is handed down, a new interest may appear.


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