Labor Procedural Law and its sources

Abstract

This paper systematically examines the sources of Labor Procedural Law in Peru, with emphasis on their doctrinal classification, legislative development, and jurisprudential evolution. Based on the framework established by the New Labor Procedural Law (NLPT), the main sources identified are national legislation (Constitution, procedural and substantive labor laws, and the Civil Procedural Code as supplementary law), jurisprudence (binding precedents, judicial doctrine, plenary agreements, and Constitutional Court rulings), and international sources (treaties, ILO conventions, and judgments of the Inter-American Court of Human Rights).

It is asserted that, due to the public nature of Labor Procedural Law, its sources must originate exclusively from state bodies or international decisions formally incorporated into the legal system. Thus, private practices or agreements between parties cannot be considered valid sources. This is a formal and descriptive legal study, based on a review of legislation, case law, and specialized literature. Its purpose is to provide conceptual and practical clarity on the legal foundations of labor procedure, aiming to contribute to the ongoing legislative debate on the future Labor Procedural Code, which is still pending congressional discussion.

Furthermore, it clearly distinguishes between the sources of Labor Procedural Law and those of substantive Labor Law, in order to avoid common doctrinal and practical confusions. This contribution seeks to enhance understanding of the labor procedural system and to promote a more predictable, coherent, and rights-based justice system.