Superior Courts of Justice in Peru

The Superior Chambers of Justice or Superior Courts of Justice are, in Peru, the second hierarchical level in which the Judiciary is organized. They are only under the authority of the Supreme Court of the Republic and it is, in most processes, the last body that hears a process.

The Chambers are located in each Judicial District that usually corresponds territorially to each Region of Peru.

Each Superior Court is made up of a certain number of chambers according to the procedural load it handles.

Rooms are subdivided according to their specialty. The specialties are the following:

• Civil Chamberswho know all the topics related to civil law except as related to family law
• Criminal Chamberswho know of crimes and other issues related to criminal law
• Labour Chamberswho know of issues related to labour law
• Family Rooms, who know of topics related to family law
• Commercial Chamberswho know of issues related to trade law.

Previously, in the judicial district of Lima, there were also Contentious Administrative Chambers and Public Law Chambers, but they were disappeared for administrative reasons but, in the case of the Administrative Litigation, are maintained while they finish resolving the cases they hear.

The Chambers that deal with issues of more than one specialty are known as Mixed Chambers. Finally, it is pointed out that, in the judicial districts where there is no Chamber of a certain specialty and there are no Mixed Chambers, the issues of that specialty are seen by the Civil Chamber, with the exception of those of criminal matters that must necessarily be ventilated in a Chamber. Penal.

There are few cases of processes that are initiated in the Superior Courts, which is why they perform, for the most part, the role of Courts of Appeals. In Peru, there is only a double instance in the resolution of a process, so only those cases resolved in second instance in the Superior Courts in which an Appeal of Cassation was filed can access the Supreme Court.

High Court

As noted, each judicial district has as many courtrooms as it needs. However, the set of these Chambers is known by the name of Superior Court. In this sense, these terms are used interchangeably, with Superior Court being the most used.

Organization and Operation

Each superior Chamber is made up of three members, one of them holding the position of President of the Chamber. Among the Presidents of the different chambers that make up a judicial district, the President of the Superior Court is elected.

For a Chamber to issue a resolution on a topic, it is necessary that there are three conforming votes. If these three conforming votes are not cast in one sense, what is known as discord is produced, for which it is necessary to call a fourth ruling member from another room. If after the vote of this fourth member, the three conforming votes are still not achieved, a fifth member will be called with whom they will definitely obtain the four votes to issue a resolution.

Modification: LAW No. 31281 LAW THAT MODIFIES ARTICLE 144 OF LEGISLATIVE DECREE 767, ORGANIC LAW OF THE JUDICIAL POWER, REGARDING THE CONSENT VOTES REQUIRED IN THE SUPERIOR COURTS TO ISSUE A RESOLUTION ON LABOR OR SOCIAL SECURITY MATTERS Unique article. Modification of article 144 of Legislative Decree 767, Organic Law of the Judiciary Amend article 144 of Legislative Decree 767, Organic Law of the Judiciary, in the following terms: “Article 144. Resolutions. Votes In the Chambers of the Supreme Court, four conforming votes make a resolution. In the Superior Chambers, three conforming votes make a resolution, in the case of those that put an end to the instance, and in other cases, two conforming votes are enough. In the Superior Criminal, Labor Chambers or those that resolve labor or social security matters, two conforming votes are required to form a resolution. Except for the exceptions indicated by the Law. The votes, even the singular and discordant ones, are issued in writing, with the signature of their author. They are all filed together with a copy of the resolution.”

Specialized labor law court in Peru

The specialized labor courts hear the following processes:

1. In the ordinary labour process, all claims relating to the protection of individual, plural or collective rights, originated on the occasion of the personal provision of services of a labour, training or cooperative nature, relating to substantial or related aspects, even prior to or after the effective provision of services. He knows the claims regarding the fulfilment of obligations to give over fifty (50) Process Reference Units (URP).
2. In an abbreviated labor process, of the replacement when it arises as a single main claim.
3. In an abbreviated labour process, the claims regarding the violation of trade union freedom. 1991

Functions of the judge specializing in labor issues

According to Article IV of the LABOR PROCEDURAL Law, LAW No. 29497

• under responsibility, they provide justice under the Constitution of Peru,
• international human rights treaties and the law.
• They interpret and apply all legal norms, including collective agreements, according to constitutional principles and precepts,
• as well as the binding precedents of the Constitutional Court and the Supreme Court of Justice of the Republic.

Labor rights in Peru

WHAT ARE YOUR RIGHTS?

• 48 hours working day (8 hours per day or 48 hours per week)
• 

• Required weekly rest (24 continuous hours, preferably on Sunday).
• Rest in unworkable holidays.
• Vacation (15 days)
• Remuneration agreed with the employer (the minimum wage is not required)
• Time-of-service compensation (equivalent to 1⁄2 pay per working year)
• Gratification for national holidays and Christmas (equivalent to 1⁄2 pay)

Worker rights violated

When the worker feels that his rights are not being fulfilled, he must act as follows, according to the advice of the lawyer Javier Mujica Petit.

• It must appeal directly to the employer by pointing out the infringement that is being committed and giving it a reasonable time to rectify its conduct.
• If you do not receive a positive response you have two possibilities: One is to be dismissed and to claim compensation or may resort to the SUNAFIL to force the company to comply with the workers' rights. In addition, you can request a labour inspection of SUNAFIL. It may also file a lawsuit.
• Finally, Javier Mújica advises entrepreneurs to have a friendly and collaborative attitude with workers to avoid conflicts and have a good working climate, thus improving productivity.