Análisis de la naturaleza jurídica y el tratamiento del visto bueno en la fase de impugnación; en divergencia con el acto administrativo

Abstract

The approval allows the termination of the employment relationship between employer and worker, authorized by any of the parties upon request to the Labor Inspector, singling out the cause or causes subsumed to the alleged facts, to be justified during the investigation, allowing the authority of the work to accept or reject them, when accepted the employment relationship will be concluded; and, when denied, the employment contract will be maintained. The resolution of the Approval may be challenged before the Labor Judge; The judge will assess it as a report together with the evidence produced in court, as it is issued by a competent public authority, it implies the nature of an administrative act, its legal structure entering into discussion, being necessary to activate legal action, before the contentious administrative jurisdiction, to carry out the legality control of the act. From the doctrinal, normative and jurisprudential analysis, it has been established that the approval, despite being an administrative procedure, adopts a different procedure from the administrative act, denoting that the norm that regulates it is not sufficient to guarantee the effective judicial protection of the parties.