Article 873-A Federal Labor Law

Within the five days following its admission, the Court shall summon the defendant party, delivering a certified copy of the admission order and of the complaint, as well as of the evidence offered therein, so that it files its answer in writing within the following fifteen days, offers evidence and, if applicable, files a counterclaim, warning it that if it fails to do so within said term the requests of the plaintiff party shall be deemed admitted, except those contrary to the provisions of the law, as well as that its right to offer evidence and, if applicable, to file a counterclaim shall be deemed lost. Likewise, it must warn it that if it fails to comply with the provisions of article 739 of this Law, subsequent personal notifications shall be made to it by bulletin or by court notice boards, and if applicable by electronic mailbox, in accordance with the provisions of this Law.

To every answer to the complaint there must be attached the document evidencing the legal standing of the person appearing on behalf of the defendant.

The answer to the complaint must contain a clear and detailed exposition of the facts, the legal grounds on which it is based, the exceptions and defenses that the defendant may have in its favor, and must refer to each and every one of the facts alleged in the complaint, affirming or denying them, and stating those it does not know when they are not its own, adding the statements it deems convenient and, if applicable, objecting to the evidence offered by the plaintiff party, under warning that if it fails to do so its right to object to the evidence of the opposing party shall be deemed lost.

Silence and evasions shall cause those facts over which no controversy is raised to be deemed admitted, without any contrary evidence being admissible. A plain and simple denial of the right implies a confession of the facts. The confession of the latter does not entail the acceptance of the right. In the event that the defendant denies the employment relationship, it may deny the facts in a generic manner, without being obligated to refer to each one of them.

All procedural exceptions that the defendant has must be asserted when answering the complaint, and in no case shall they suspend the proceeding; if they are raised, only documentary and expert evidence shall be admitted, except in the case of lis pendens and connexity, for which the evidence of inspection of the record may also be offered.

The exception of lack of jurisdiction does not exempt the defendant from answering the complaint; if it does not do so and the Court declares itself competent, the requests of the plaintiff shall be deemed admitted, except those contrary to the provisions of the law.

The same consequences shall apply to the defendant if it does not answer the complaint or files it outside the term granted to do so, without prejudice to the fact that until before the preliminary hearing it may offer evidence to the contrary to demonstrate that the plaintiff was not an employee or employer, that the dismissal did not occur or that the facts alleged by the plaintiff party are not true.

The defendant party must offer its evidence in the document answering the complaint, attaching the respective copies so that they are served on the plaintiff party. No additional evidence shall be received unless it refers to facts related to the counter-reply, provided that it deals with those of which the defendant had no knowledge when answering the complaint, as well as that offered to support the objections made to the evidence of the other parties, or that referring to the objection of witnesses. The foregoing without prejudice to the possibility of offering evidence on supervening facts.

The evidence must be accompanied by all the elements necessary for its taking, for which the provisions of chapter XII of Title Fourteen of this Law shall be observed.

In the event that the defendant acquiesces to the complaint, the Court shall summon the parties to the trial hearing, which shall take place within a term no greater than ten days, in which the respective judgment shall be issued.

Once the answer to the complaint has been filed, the Court shall assign the defendant an electronic mailbox, providing the corresponding user name and access password, through which it may consult its file and review the orders issued by the jurisdictional body.

If the Court admits the counterclaim, it must summon the plaintiff party, serving it with the counterclaim and with the evidence offered by the counterclaiming plaintiff, so that within the term of fifteen days following its summons it answers what corresponds to its right and interest and offers evidence, and if applicable objects to that of the opposing party. If the employee party fails to answer the counterclaim, it shall be deemed answered denying the facts alleged in the counterclaim and its right to offer evidence shall be deemed lost. The counterclaim shall follow the same rules established for the complaint.