VIOLATION OF THE RIGHT TO DEFENSE IN INTERNAL FINES

Abstract

The general objective of this research work is to analyze the breach of the right to due process due to the violation of the right to defense in the application of sanctions with internal work fines, the consequences that derive from said sanctions on workers, to develop the form of intervention of the social worker in the work spaces of the private sector. The qualitative approach and the case study method were used for this research. The technique used was that of documentary analysis, specifically memoranda issued by an employer addressed to two workers under a dependency relationship, and the revision of legal texts, with which it was possible to corroborate the existence of the violation of the basic guarantees of due process in the application of sanctions with internal work fines, specifically the violation of the right to defense, showing that there is no regulation that protects workers in this regard, there is no pronouncement by labor authorities on this issue, which creates a social problem with respect to this group for the employer, since the economy and psyche of the worker is affected, the call to intercede in this problem is the Social Worker based on their own functions as a professional, so the intervention of the social worker will be sought in order to correct these shortcomings.

Keywords: Right to due process, Right to defense, sanctions, fines, Social Worker.