In depth
This rule will become effective 60 days after its publication, that is, on 30 April 2023.
The new rules will apply even to previously initiated labor proceedings that have not yet received a second instance ruling.
The main changes are shown below:
| Causes of cassation |
The following are grounds for filing an appeal in cassation:
- Failure to observe any of the constitutional guarantees of a procedural or material nature, or improper or erroneous application of such guarantees
- Non-observance of the legal rules of a procedural nature sanctioned with nullity
- Improper application, erroneous interpretation or lack of application of the law, treaties or international agreements ratified by Peru in labor and social security matters, or other legal norms necessary for their application
- Lack of reasoning or manifestly illogical reasoning, or a defect resulting from the wording of the challenged decision
- Deviation from binding decisions of the Constitutional Court or the Supreme Court of Justice of the Republic
|
| Amount restrictions |
In the case of sentences that require the payment of a sum of money, the appeal will only be admitted if the total amount recognized exceeds 500 procedural reference units (URP), which is the equivalent of PEN 247,500 at today's date. |
| Cassation will only be applied if there have been contradictory judgements |
The appeal will not proceed if the second instance judgment confirms the first instance judgment unless the second instance sentence contradicts the jurisprudential doctrine of the Supreme Court or refers to matters in respect of which there is contradictory jurisprudence of the higher labor chambers.
|
| New grounds for inappropriateness |
These are new grounds for the inadmissibility of an appeal in cassation:
- The invocation of violations of the law that have not been indicated in the appeal
- The presentation of appeals that evidently do not have grounds
- The existence of dismissal decisions on substantially the same appeals, when the appellant does not present sufficient arguments for the modification of the criterion or jurisprudential doctrine already established
|
| Supreme Court hearing |
- It will not be necessary to request the floor beforehand to orally report at the cassation hearing. The attendance of the parties at the scheduled date and time will suffice.
- The cassation appeal will be declared inadmissible if the attorney who filed it does not attend the hearing without justification.
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We trust that this information will be useful to you and your company. If you require legal advice on the subject, please do not hesitate to contact us.
To read the Spanish version, click here.
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We hope that this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.
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