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UNIVERSITY OF SAN CARLOS OF GUATEMALA

FACULTYOFLEGALANDSOCIALSCIENCES
CHAIR: LABOR PROCEDURAL LAW
CATERDRATICO: GUSTAVO BONILLA

PROJECT OF CLAIM IN ORDINARY LABOR TRIAL

NEW LABOR ORDINARY

Mr. Judge___________________of Labor and Social Security

FROM GUATEMALA (When the demand is presented in the Courts
Labor and Social Welfare outside the department of Guatemala, is
the full designation of the court should be established, normally
they exercise jurisdiction jointly in labor, family and/or
Coercive Economic.

Full name of the Actor (first and last names complete), age
marital status, nationality, profession or trade, neighborhood (not residence, nor
address) I indicate as a place to receive notifications (Specify the
exact address where notifications will be received, which must be
within the perimeter where it is located the court.
I respectfully appear to raise in the procedural route.
ORDINARY ORAL LABOR, lawsuit against (specify the
full names and surnames of the defendant and if it were a person
legal the exact name corresponding to its corporate name, must be
to establish in the General Registry of the Republic), who can be
notified at (specify the exact address where it should be notified)
defendant), suit that I base on the following:

RELATION OF FACTS:

1. FROM THE LABOR RELATIONSHIP: (Indicate the date and form of the
hiring, start and end date of the employment relationship.

2. FROM THE WORK PERFORMED: (Indicate what tasks

performance, in what place or places did he/she provide his/her labor services
(address or addresses), specifying if applicable, the main headquarters
of its operations).

3. WORKING DAY: (Indicate the working day, the

day that began and the day it ended in the week, the
the time it started and the time it ended if it was worked in
extraordinary workday, specify the days and daily hours
worked);

4. OF THE SALARY: (Indicate the amount of the earned salary,

including regular and extraordinary salaries; deposit the
amount of the average salary earned during the last six
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6. FROM THE ADMINISTRATIVE CONCILIATION PATH (When it

turned to the administrative route out of obligation or in cases where
if optional, indicate the date it was exhausted and before which authority
it was requested, specifying the file numbers, resolution or
award.

7. OF CLAIMS:

7.1 COMPENSATION FOR TIME OF SERVICE: (Indicate

the entire time the employment relationship was maintained, specifying the date
start and end dates of it;

7.2 DAMAGES AND INJURIES: (lawsuit in accordance with the

established in Article 78 of the Labor Code.

7.3 AGUINALDO: (Indicate the period or periods for which the

advertisement).

7.4 VACATION (Individualize the periods that are requested that

they were not enjoyed in a timely manner, taking into account that the
extinctive prescription operates concerning the last five
years).

7.5 WITHHELD SALARIES: (Indicate the days or periods that are

they claim the amount.

7.6 Annual Bonus for Public Sector Workers and

private (Indicate whether they are full or partial periods), Bonus
incentive in accordance with Decree 78-89 of the Congress.

7.7 ECONOMIC ADVANTAGES: (The article 90 must be analyzed)

labor code.

7.8 SALARY SUPPLEMENT: If it was not paid for the fact

induced, by salary at the minimum legal annual amount, seize the amount of
complement

MEANS OF PROOF

I offer to prove my assertions of fact with the following means

of conviction

1. JUDICIAL CONFESSION: That the defendant must provide in

in person and not through a representative, on the day and time
summoned for the appearance of the parties at the Oral Trial
Labor, in accordance with the positions that timely
I will present and under the warnings of the law;

2. DOCUMENTS:

2.1 Individual employment contract signed by the parties and

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2.3 Receipts or payment vouchers signed by the Actor, which

believe that I was paid the corresponding amounts for the
labor benefits that I demand.

2.4 Copies or duplicates of the forms submitted to the Institute

Guatemalan Social Security, which covers the last six
months of the employment relationship, which are held by the Defendant;

The previous documents must be exhibited by the Defendant.

in the first hearing set for the parties
let's compare to Oral Labor Trial, under warning of not
to present them, the relevant extremes will be considered true
asserted in this complaint and impose the corresponding fine.

2.5 Simple photocopy of the award number XXX for collection of

labor inspector XXX, document I accompany.

3.TESTIMONIAL STATEMENT: Testimonial statement that

the gentlemen must provide (indicate names and surnames)
exactly), whom I will present at the appropriate time.

(In this section, the others can be individualized.) tests

that are deemed pertinent, remembering that all the tests
they must be offered in the form NUMBERED, INDIVIDUALIZED, IN
CLEAR AND CONCRETE FORM.

REQUEST:

IN PROCESS:

1. That with this memorial and attached documents, the proceedings be initiated
formation of the respective file;

2. That it be admitted for processing through the Ordinary Trial route

Labor the present lawsuit filed against (CAN BE
INDIVIDUAL OR LEGAL ENTITY.

3. That note be taken of the places I point out to notify to the

parts;

4. That the means of proof be considered offered

individualized.

5. Respective section that indicates the day and time for the purpose of
the parties appear at the Labor Oral Trial, with their respective
means of evidence for the purpose of presenting them in said hearing,
under the warning of continuing the trial in the absence of the party
that he does not appear on time without summoning him or hearing him;

6. That the defendant be ordered to...

appear at the first hearing set by the Court to
to give judicial confession in person and not through
attorney, under the warning of declaring him as confessed about the
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7. That the defendant be summoned to produce in the first

audience that is indicated, the documents identified in the
numerals (put the numeral and sub-numeral of the test) of
present memorial, under the warning of assuming for certain the
affirmed by the actor and to impose a fine of five hundred
quetzals

(When there is more than one Actor) That for notification purposes, it
let our legal personality be unified in the person of the plaintiff
(provide the names and surnames of the designated person).

FUND REQUEST:

1. That in due time it processes, having substantiated the procedure, it

declare: With merit the present
ordinary labor lawsuit filed by (indicate names and
full last names of the Actor), against (Individual Person or
Legal); consequently, the defendant is condemned (Indicate
names and surnames of the Defendant or their company name, to be paid to
Actor (Indicate full name of the Actor). within
third day of the ruling being firm, the following benefits
labor issues: (The same claims are reiterated again.
individualized in the section ON CLAIMS of
section of facts of the complaint) and amounts are not specified.

ACCOMPANY: duplicate and (number of copies as parts are in the

Judgment) copies of this memorial.

Guatemala City (or in the place where it is issued), (date of

housing development

(Signature or digital print of the Actor, or the signature of whoever does it at the request of)
Actor).
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SET OF POSITIONS THAT MUST BE ANSWERED BY THE

LEGAL REPRESENTATIVE OF THE ENTITY ARCHITECTURE
CREATIVE CORPORATION IN LABOR HEARING. THAT
FOR THE EFFECT, IT IS POINTED OUTAND THATTHE WORKER FORMULATES IT
CLAIMANT CARLOS ALFREDO FUENTES NAJERA.

QUESTION ONE: State to the absolvent if you confirm that the worker
I demand: Mr. Carlos Alfredo Fuentes Najera, I work for you
represented?
QUESTION TWO: State the respondent if you are aware that the worker
The plaintiff was hired by their representative on the twelfth of June.
nineteen ninety-nine
QUESTION THREE: State the absolvent if he is aware that the worker
the plaintiff works on different construction projects assigned to
is represented in the capital city?
QUESTION FOUR: Ask the absolvent if he confirms that the worker
Does the claimant work for his representative in the position of mason?
QUESTION FIVE: Tell the graduate if you know that the workday of
work in which the claimant worker was employed with his
represented was from seven to seventeen hours from Monday to Friday and the
Saturday from seven to twelve o'clock?
QUESTION SIX: Tell the respondent if you are aware that your average
salary earned by the claimant worker with their representative
during the last six months of his employment relationship was TWO THOUSAND
Quetzals?
QUESTION SEVEN: Tell the respondent if you confirm that your client
failed to register with the Guatemalan Social Security Institute
claimant worker?
QUESTION EIGHT: Say the defendant if it is known that your representative
unjustifiably dismissed the plaintiff worker on the fourth of
December of the year two thousand?
QUESTION NINE: Please state the absolvent if it is known to you that your represented party
I stop paying the employee claimant for their identification payment.
labor
QUESTION TEN: Say the absolvent if you are aware that your represented
owes the claimant the vacations for the period of June twelfth of
nineteen ninety-nine to December fourth of the year two
thousand?
QUESTION ELEVEN: Tell the absolvent if it is known that your represented party
the claiming worker stopped paying the corresponding bonus
period from June twelfth, nineteen ninety-nine of
fourth of December, twenty twenty?
QUESTION TWELVE: Tell the respondent if you confirm that your represented party
has stopped paying the claiming worker the annual bonus to
workers from the private and public sector corresponding to the period of
June twelfth nineteen ninety-nine to the fourth of
December of the year two thousand?
QUESTION THIRTEEN: Tell the absenter if you have evidence that your represented party ...
has stopped paying the claimant worker the incentive bonus
corresponding to the period of June twelfth nineteen hundred
ninety-nine to December fourth of the year two thousand?

Guatemala, March 19, 2001.

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PROJECT OF CLAIM IN ORAL ORDINARY TRIAL

(Article 332 Labor Code)

NEW LABOR ORDINARY

MR. JUDGE_____________________OF LABOR AND SOCIAL SECURITY OF

GUATEMALA

Full name of the actor

of____, acting under the guidance of (STUDENT NAME), intern at the Firm
Popular from U.S.A.C.
From Guatemala, indicate to receive notifications at (the address of the Popular Law Firm), by
I hereby appear to initiate Ordinary Oral Labor proceedings against
(FULL NAME OF THE DEFENDANT; IF IT IS A LEGAL ENTITY
REGISTER THE SOCIAL REASON), who can be notified at (EXACT ADDRESS
ACCORDING TO THE MUNICIPAL NOMENCLATURE IF IT IS A LEGAL PERSON), indicate that it is given
notify through your legal representative, based on the following:

FACTS

A. ABOUT THE EMPLOYMENT RELATIONSHIP: Indicate that you were hired by the defendant,
When did your employment relationship end and how long did that employment relationship last?
B. WORK PERFORMED: Specify what tasks you carry out in which
place (address) if there are several places, specify the place where it has its
operation phase.
C. OF THE DAY: Indicate that work was carried out in ordinary hours, what day of the
the week was restarting and what day it ended, at what time it ended. If it
worked extra hours, indicate which days, at what time it started
workday and what time it ended.
D. OF THE SALARY: The amount of the AVERAGE SALARY must be deposited.
ACCRUAL during the last six months of the employment relationship; if not fulfilled
the six months of the employment relationship; if he/she did not complete the six months, for time
that worked.
E. TERMINATION: To state that the dismissal was direct and unjustified or well
indirect; in this last case, indicate the date the dismissal was notified and the
date on which the employment relationship effectively ceased (if it was resignation in writing
indicate it).
F. FROM THE ADMINISTRATIVE CONCILIATION ROUTE: Indicate the date on which it
this avenue has been exhausted, was it in the General Inspection of Labor in which department
from the General Labor Inspectorate, before which inspector and the number of the
awarding.
G. OF THE CLAIMS: It must be individualized and the most common are:

G.1 COMPENSATION: Indicate the duration of the employment relationship,

pointing out the period.
G.2 DAMAGES AND INDEMNITIES: Claims in accordance with the established provisions for
Article 78 of the Labor Code and the Political Constitution in force. (See
Article 102, item "S".
G.3 HOLIDAYS: The claimed periods must be individualized.
I claim the payment for the vacation that I am entitled to for the
worked periods are as follows: from 08/07/87 to 08/06/87, until dismissal.
G.4 HOLIDAY BONUS: Take into account that the holiday bonus is set at 30 of
Every year, e.g.: I claim the payment of my Christmas bonus corresponding to the
Periods from December 1st, etc.: from 09/15/88 to 01/30/88; and from 12/01/88 to
30/11/89, etc. (up to the date of dismissal).
G.5 WITHHELD SALARIES: The days or, where applicable, must be indicated.
periods worked that were not paid and the amount that is advertisement.
G.6 SALARY ADJUSTMENT: When the worker was paid less than
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G.9 INCENTIVE BONUS: Payment claim of ___ (Indicate number of

hours that are claimed and that were effectively worked in the period
from________________, to___________________).
G.10 DAYS OFF: Indicate the total number of days claimed, showing the
with the exception that they were worked and paid for, as well as point out the
dates of those days off (day, month, and year).

TEST:

1. JUDICIAL CONFESSION: That in the first hearing held for this purpose
indicate, the defendant (or defendant) must address the positions that
I will articulate that audience, (IF it is a legal entity it should be indicated that the
judicial confession I made through my legal representative.
2. DOCUMENTARY: (the documents being proposed must be individualized).
suggest the following way:
2.1 Employment contract signed by the parties which must be
duly registered; to prove the validity of the relationship labor and
conditions of the same.
2.2 Signed receipts by the actor, proving that I was paid.
what I claimed.
2.3 Wage and/or payroll free, specifically corresponding to the
period that my employment relationship lasted with the defendant party, with which
will demonstrate the salary received by the actor, (it must be taken into account that in a
only one book, depending on the number of workers the employer has; less
of ten, payrolls, more than 10 salaries.
2.4 Copies of the reports sent to the I.G.S.S. By the party demanded, that
they cover my time and will serve to demonstrate the discounts that are applied to me
they performed and consequently, my salary.
2.5 Copy of the award number_________ (Other data of the
award), which I will present at the first hearing.
2.6 _____ (If there is any document that can demonstrate it
stated, it must be indicated.
Record the full names of the witnesses, (Take them
personally from the neighborhood ID) indicate that said witnesses will be
presented to the court at the first hearing, (and will testify about the
interrogation that will be directed to him in that hearing.
4.PRESUMPTIONS: The legal and human ones arising from the actions taken within the process.
are derived.
5. ____ (If there is any other means of proof, it should be proposed in this
section).

REQUEST

IN PROCESS:

1st Let this memorial and the attached document be accepted for processing (if it
(hey), the respective file is initiated;
2nd Take note of the designated places to notify the parties;
3rd I have my advisor in this case____ (Name of the intern).
Let the means of proof specified by me be considered offered;
5th The parties are summoned to appear at the first hearing that the Court
point out, with your respective means of proof, so that you present them in said
audience; under the warning that if they appear, the trial will continue in
rebellion of the absent without mentioning him or hearing him.
The defendant is summoned to appear at the first hearing.
the court shall appoint personally and not through an attorney (if applicable) to
to present a judicial confession, under the warning that he will be declared as having confessed in the
positions that I will articulate in that hearing and at the ends of this demand
that they may be legally accountable if I cease to appear.
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10th When notification outside the city is required, request that an exhortation or dispatch be issued.
to the corresponding Judge.
11th That the defendant be warned to indicate a place to receive
notifications within the perimeter where the court is located, under
warning that if he does not do it, the others will be made by the courts of the
tribunal.

FROM THE BACK:

A. That when passing judgment, the present demand is declared valid and in
consequently, condemn the defendant (name) to pay me within
from the third day of the ruling being firm, the following benefits: (Must copy the
what I point out in the section on complaints).
B. Notify the relevant parties if it is proven that
There was a violation of labor and social security laws or common laws.

Indicate that the duplicate is attached along with the number of copies being submitted, date and
actor's signature.