Supreme Court dismisses appeal: Art. 39 KP protection ends when employee reaches pre-retirement age, not at termination date.

The Supreme Court dismissed the plaintiff's appeal, overturning the lower court's decision to reinstate her employment. The plaintiff argued that Article 39 of the Labor Code protected her from dismissal even though she had not yet reached the pre-retirement age at the moment of termination. The court ruled that the protection expires the moment the employee reaches the pre-retirement age, meaning the dismissal was lawful since she had not yet attained that status when fired.