Criteria for Comprehensive Reparation of Lost Profits, Consequential Damage, Moral Damage, and Damage to Life Project in Labor Proceedings

Abstract

This research analyzes the parameters applicable to determining compensation in labor proceedings, focusing specifically on the reparation for loss of income (lost profits), expenses incurred (consequential damage), harm to emotional integrity (moral damage), and impairment of personal development (damage to the life project). The analysis of court rulings reveals that judicial bodies apply inconsistent quantitative criteria, often lacking objective and uniform grounds, leading to decisions based predominantly on personal assessments rather than consolidated judicial standards.

This situation reflects the absence of clear guidelines in labor justice practice, generating legal uncertainty and affecting the effective protection of workers' fundamental rights. The problem is exacerbated by the lack of standardized methodologies for assessing both material and non-material damages arising from labor disputes.

The study adopts a theoretical and practical legal approach, integrating the analysis of regulations, specialized doctrine, and relevant judicial precedents, with the aim of identifying the main obstacles in the quantification of damages within the Peruvian labor system. This methodological approach allows the diagnosis of current deficiencies in the valuation criteria employed by judges.

As a final contribution, this paper develops technical guidelines for the quantification of compensation for labor-related damages, aimed at strengthening the consistency, reasonableness, and legal certainty of judicial decisions regarding comprehensive reparation. These proposals seek to contribute to the construction of uniform criteria in labor judicial practice.