Supreme Court dismissed appeal claiming labor contract existence is an alternative claim under Art. 67 K.P. when employer terminates contract.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a teacher against a school regarding the termination of her employment contract. The plaintiff argued that establishing the existence of a labor relationship was an alternative claim available under Article 67 of the Labor Code when the employer violated termination rules. The court rejected this, ruling that the claim to establish a labor relationship is not an alternative remedy but a distinct matter subject to specific procedural timelines and substantive requirements. Consequently, the court held that the plaintiff's attempt to bypass the statutory protection procedures for termination by seeking a declaratory judgment was legally unfounded.
Legislator headnote
AI generatedArt. 67 k.p.; Art. 4771 k.p.c. The claim to establish the existence of a labor relationship is not an alternative remedy available under Article 67 of the Labor Code when an employer terminates the contract in violation of statutory provisions.