E-mail corporativo como prueba de una relación laboral
Published date | 31 July 2017 |
Date | 31 July 2017 |
Law Firm | Marval O'Farrell Mairal |
El 10 de julio de 2017, la Sala VII de la Cámara Nacional de Apelaciones del Trabajo, en los autos García Díaz Decoud, Marcelo Eduardo c/ K. J. A. y otro s/ despido, confirmó la sentencia de primera instancia, sosteniendo la existencia de un vínculo laboral no registrado invocado por el actor.
La Sala VII tuvo por probadas las notas típicas de un contrato de trabajo (subordinación técnica, económica y jurídica) por considerar:
- que la demandada reconoció la prestación de servicios y el pago de un valor a cambio de ellos;
- las declaraciones testimoniales, de conformidad con las cuales el actor contaba con una oficina en las instalaciones de la demandada; y
- como dato relevante, el hecho de que el actor contaba con un correo electrónico institucional provisto por la demandada.
La sentencia también confirma la condena solidaria del presidente de la compañía por la aplicación de los artículos 59 y 274 de la Ley de Sociedades Comerciales.
Destacamos que, sin perjuicio de que la locación de servicios es una modalidad válida de contratación, en ciertas...
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