the Court decisions on the hiring of municipal workers in Peru

Labor law

Abstract

The results of a qualitative research study are presented. The implementation of DL 728 has generated advances in labor protection for municipal workers, guaranteeing access to essential and complementary insurance against occupational hazards, as well as benefits such as bonuses and schooling, marking a clear difference from the service

location regime, which lacks these benefits. However, structural limitations persist: salaries continue to be determined unilaterally by municipalities based on budgetary criteria, with no impact on their improvement by court rulings. This perpetuates precarious economic conditions unrelated to the physical effort and risk inherent in work. Although the regulatory framework has made it possible to correct the situation of lack of protection through the recognition of the employment relationship, a gap persists between formal legal protection and the material conditions of work, highlighting the need for mechanisms that ensure not only compliance with entitlements but also the review of salary policies based on principles of proportionality and labor dignity. Likewise, the effective enforcement of court decisions that recognize the right of workers to be incorporated into the private labor regime requires the omission of a formal resolution act by the employer, which must be materialized through a registration in payroll and the recording of all labor benefits in the corresponding pay slips, including access to complementary health insurance and other legally established benefits.