Laboral - Rol N° O-4755-2015

Tribunal rechaza demanda laboral al no acreditarse vínculo de subordinación y dependencia entre la actora y la demandada, determinando que STAR CLICK CAFÉ es una sociedad distinta a la demandada Comercial Astorquiza.

• Nombre filed a demand alleging employment as an administrator for Comercial Astorquiza y Compañía Limitada, operating under the fantasy name STAR CLICK CAFÉ, commencing on April 27, 2012. She asserted that the work was performed under the direct supervision of the defendant's representatives, yet no formal written contract of employment was ever executed.
• Her claimed remuneration was $1,200,000 CLP, which she stated was paid entirely in cash, a method often scrutinized for employment verification. She detailed a specific weekly work schedule comprising longer shifts on Mondays, Tuesdays, and Thursdays (2:00 PM to 10:00 PM) and shorter shifts on Wednesdays and Fridays (9:00 AM to 4:00 PM). Furthermore, she unequivocally affirmed that she never received any profit sharing (grati...