Competencia de la Justicia Nacional del Trabajo
Author | Jorge Manuel Rovillard,José M. Llano |
Published date | 11 April 2017 |
Date | 11 April 2017 |
Law Firm | Marval O'Farrell Mairal |
La Cámara Nacional de Apelaciones del Trabajo delimitó el concepto de “domicilio del demandado”, previsto en el artículo 24 de la Ley de Organización y Procedimiento (LO), que establece que en las causas entre trabajadores y empleadores será competente, a elección del demandante, el juez del lugar del trabajo, el del lugar de celebración del contrato o el del domicilio del demandado, a los fines de fijar la competencia territorial de la Justicia Nacional del Trabajo.
Afirmó que debe entenderse por domicilio del demandado (empleador de existencia ideal) el domicilio legal, considerado como la sede comercial, y que la ley presume, sin admitir prueba en contrario, que es justamente allí donde se domicilia la persona jurídica, independientemente de que esa persona jurídica cuente con diferentes locales o...
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