Is legal the permanent disability declaratory administrative decision when it is repugn? A"leap into a void" for the employer?

Abstract

The effects that an declaratory administrative decisión has on the employment contract and the consequences of a wrong action or out of term of the company is connected with knowing when this decision is legal. In addition, in case of the permanent disability the problem is more complicated because the same permanent disability ready ride his possible review, and this situation causes that the employer could extend the uncertainty that might surround the decision of the company to put end the employment contract. The study of the conflict that in the commented judgment is debated drives to concluding in that it turns out necessary to adapt the existing regulation to be able to grant a juridical safety bigger than the companies, since these are excluded of being able to take part in the process of declaration of the permanent disability. And it happens in spite of affected these stay " essentially " for the declaration of the condition of disability of his employee. The mentioned comment tries to investigate, also, it brings over of how there should be settled the complex scene that appears to the mercantile one affected before an administrative opposed Resolution, scene in the one that does not question the labor residual capacity of the affected one but strictly the moment in the one that has to or can the company put end to the labor relation before the possible review of the permanent disability already declared by the INSS.