La ineficacia de la audiencia de conciliación en el proceso ordinario laboral regulado por la ley nº 29497

Abstract

The thesis titled "The ineffectiveness of the Conciliation Audience in the ordinary labor regulated by Law No. 29497" seeks to highlight the delicate situation that is facing the conciliation audience in the ordinary labor during the years 2013 and 2014, to become a merely formal process intra-judicial act without relevance, by studying the factors -a through surveys, statistical graphics, study of comparative law and national that have made the conciliation audience ineffective: the internal corporate policies, budgetary constraints in case of public institutions, ignorance of the benefits of the conciliation, poor advice from the lawyer of the plaintiff to his right, distrust of non-payment or payment schedule (article 70.5º of Law No. 28411 - General Law on the National Budget System), lack of training for judges and lawyers in conciliation techniques, time 15 minutes allocated for the realization of the conciliation audience, the overload procedural, the insufficient number of specialized labor courts, scheduling the conciliation audience after the legal deadline provided for in paragraph b) of article 42 of the NLPT and rescheduling under the second paragraph of paragraph 1 of article 43 of the NLPT. Moreover, the research also focuses his eyes on the overvaluation of the conciliation that promotes NLPT, because when the target is not achieved (up to 86% of the cases handled in 2013 and 2014 before the specialized labor courts) what is seen is a broad shift in the processing time of the process. Effective judicial protection is a right of every citizen to require the State to provide the minimum guarantees for access to without delay justice and in reasonable time; so, not thrive conciliation between the parties, considering that the conciliation audience is an integral part of ordinary labor –as pre-trial audience in a dual audience– act weakens the notion of effective judicial protection in the ordinary labor, in the sense of achieving a concentrated, fast and simple justice, as also ordered the principles contained in article I of the Preliminary Title NLPT. Finally, the thematic distribution of the thesis was conducted in three parts; the first contains the methodological aspect; the second the theoretical framework is divided into five chapters where the first deals with judicial protection Effective, the second on the labor dispute, the third on the New Peruvian labor process, the fourth on the Conciliation and fifth Effectiveness of legal norms; and the third part contains the results of their respective research and discussion; Finally, four conclusions are consistent with the specific and overall objectives that we set, and the corresponding recommendations for addressing and solving this problem.