SCJ establece bancos no pueden descontar deudas sin avisar

2 años hace

La Sala Civil y Comercial de la Suprema Corte de Justi­cia (SCJ) retuvo la postura jurisprudencial de que los bancos comerciales no pue­den descontar del salario de los trabajadores deudas pendientes con entidades de intermediación finan­ciera, salvo convenio esta­blecido por las partes en la forma que resulta del orde­namiento jurídico, por lo tanto, se requiere la autori­zación expresa, de lo con­trario sería violatorio a la Constitución y al Convenio 95 de la Organización Inter­nacional del Trabajo (OIT).

La decisión se encuentra contenida en la sentencia SCJ-PS-22-0717, de fecha 16 de marzo de 2022, firma­da por los magistrados Pilar Jiménez Ortiz, quien presi­de la Primera Sala, Justinia­no Montero Montero, Vanes­sa Acosta Peralta y Napoleón Ricardo Estévez Lavandier.

Los jueces establecieron, que, aunque el tarjetaha­biente haya autorizado rea­lizar descuento en ocasión de la firma del contrato de la tarjeta de crédito, tratán­dose de una autorización concertada en término ge­nérico, mal podría incluir una cuenta destinada al pa­go de salario.

Sentencia
La Suprema Corte de Jus­ticia, explica que “la re­tención de fondos en tales condiciones constituye una falta generadora de respon­sabilidad civil”, indica la sentencia.

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