Fallo de C.S.J.N. «Gómez, Claudia Patricia c/ Saden S.A. y otro s/ despido», 30/12/14

SUMARIO.-

La Corte, por mayoría, revocó la sentencia de la Sala IV de la Cámara Nacional de Apelaciones del Trabajo que resolvió que, en virtud de lo previsto por el artículo 30 de la Ley de Contrato de Trabajo (LCT), la Obra Social OSSEG era solidariamente responsable del pago de los créditos laborales adeudados a la actora por su ex empleadora SADEN S.A., empresa que la obra social había contratado para que prestara servicios de atención odontológica a sus afiliados.

En primer lugar aclaró que aunque los argumentos del recurso extraordinario remiten al examen de temas de índole fáctica y de derecho común que, como regla, no son susceptibles de revisión por la vía prevista en el art. 14 de la ley 48, cabe hacer excepción a tal premisa cuando, como acontece en este caso, la sentencia apelada se apoya en meras consideraciones dogmáticas sin dar un tratamiento adecuado a las cuestiones planteadas.

En cuanto al fondo, destacó que la aplicación de los recursos económicos de las obras sociales de garantizar la prestación de servicios de asistencia médica es una condición indispensable para que éstas puedan cumplir adecuadamente con su función de agentes naturales de una sistema de seguro cuyo objetivo fundamental es proveer el otorgamiento de prestaciones tendientes a la promoción, protección, recuperación y rehabilitación de la salud, que respondan al mejor nivel de calidad posible, lo cual se ve afectado si decisiones judiciales arbitrarias como la apelada, le atribuyen responsabilidad solidaria por obligaciones laborales ajenas, como es –en el caso- la prestación de los servicios odontológicos contratados a cargo de SADEN S.A., no compartiendo el criterio de la Cámara que afirmó que la prestación de servicios odontológicos era una actividad propia de la obra social recurrente delegada a la codemandada y que por ello se verificaban los supuestos fácticos que dan lugar a la responsabilidad solidaria del art. 30 de la LCT.

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33 comentarios de “Fallo de C.S.J.N. «Gómez, Claudia Patricia c/ Saden S.A. y otro s/ despido», 30/12/14

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