Peru: Jurisdiction of the peace courts is extended in labor proceedings

19 Nov 2024    2 minute read

In brief

On 7 November 2024, Law No. 32155 was published, amending the New Labor Procedure Law and extending the jurisdiction of the peace courts to hear new claims.

Contents

In more detail

Consequently, as of this date, the peace courts will be competent to hear the following types of cases:

1. If the amount does not exceed 70 URPs (currently PEN 36,050):

  • In abbreviated labor proceedings:
    • Economic claims derived from the personal rendering of labor, training or cooperative services.
    • Proceedings for the payment of compensation for damages, regardless of the cause.
  • In ordinary labor proceedings, when the case includes quantifiable and nonquantifiable claims.
  • Proceedings about executive titles.

2. Whenever they do not fall under the jurisdiction of the specialized labor courts, regardless of the amount:

  • In abbreviated labor proceedings:
    • Nonquantifiable claims relating to the protection of individual rights, unless they relate to freedom of association.
    • Cases pertaining to acts of hostility by the employer, including acts of moral harassment and sexual harassment.
    • Recognition of labor rights in special public or private regimes.
  • Claims challenging disciplinary sanctions other than dismissal, unless they are linked to the protection of freedom of association.
  • Proceedings related to the withhold of workers' wages due to undue payments made by the employer.
  • Proceedings for collection of social security contributions initiated by Pension Fund Administrators.

To the extent that such claims will be heard by the peace courts, these proceedings will not be analyzed by the Supreme Court and will conclude in the second instance before the specialized courts.

We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.

Click here to read the Spanish version.

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