Labor readiness deadline starts from judgment effectiveness; employer must prove independent causes for delay.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the employee's claim regarding the seven-day readiness deadline. The employee argued the deadline expired due to the employer's failure to clarify the judgment's effectiveness and medical testing requirements. The court ruled that the deadline is a substantive right starting from the judgment's finality, not a procedural one subject to extension, but the employer bears the burden of proving the delay was independent of the employee.
Legislator headnote
AI generatedArt. 48 § 1 KP; Art. 168-172 KPC: The seven-day deadline for declaring readiness to resume work runs from the date the reinstatement judgment becomes effective; it is a substantive term not subject to extension, and the employer must prove the delay occurred due to causes independent of the employee.