Preparatory and Pre-Procedural Proceedings in Labor Matters and their Impact on Effective Judicial Protection

Abstract

Labor justice always faces the same challenge: ensuring that workers' rights don't remain just on paper, but are actually enforced in practice. Because, of course, what's the point of having them clearly written in the law if there's no way to enforce them in the end? That's why we need mechanisms that truly work, that provide real protection when it comes to facing a lawsuit. And even worse if we consider that, in daily life, most workers tend to be at a disadvantage compared to their employers; the only fair thing to do is level the playing field so that no one loses out just because they have less power. At this point, preparatory and pretrial proceedings come into play, playing a key role. Basically, they give the worker more tools to defend themselves and, in turn, make justice seem less like a cumbersome process and more like a real support. This is where preparatory and pretrial proceedings come in, playing a key role. Basically, they give workers more tools to defend themselves and, in turn, make justice seem less like a cumbersome process and more like a real support. This study focused on analyzing precisely that: how these proceedings influence effective judicial protection. For this purpose, qualitative research was used, using inductive-deductive, analytical-synthetic, and classic legal analysis methods, reviewing laws, doctrines, and rulings published between 2015 and 2025. The results were clear: these investigations are extremely useful because they allow for early evidence gathering, balance the employment relationship, and strengthen judicial decisions. Of course, there are still legal loopholes, differing criteria among judges, and a lack of uniform guidelines. In short, these procedures are not a luxury; they are key to ensuring that labor justice is real, fair, and effective.