Abuse of the Labor Reinstatement Incident by Contract Simulation in Constitutional Jurisprudence

Abstract

PROBLEM: The issue arises from the abuse of constitutional jurisprudence by allowing the consideration of labor simulation through a reinstatement incident, contradicting Article 380 of the Labor Code that prohibits prejudging dismissals. OBJECTIVE: To analyze the abuse of the labor reinstatement incident due to contract simulation in constitutional jurisprudence to establish the trends of the Constitutional Court of Guatemala regarding the interpretation of labor rights. METHOD: Case study through the analysis of three judgments of the Constitutional Court. RESULTS: The Constitutional Court highlights the importance of identifying genuine labor relationships, even when attempting to disguise temporality under fixed-term contracts. It emphasizes the judges' responsibility in detecting contractual simulations and the need for prior judicial authorization in cases of labor termination in collective conflict contexts, with the possibility of reinstating the dismissed worker because of non-compliance with Articles 379 and 380 of the Labor Code. CONCLUSION: The Constitutional Court is exceeding its power by ordering labor reinstatements without following the established procedure in the Labor Code. This triggers an invasion of competencies and a modification of the labor process without normative support, undermining the separation of powers and legality in resolving labor disputes.