Dismissal of dismissal: Employer must offer new job to employee within two years of retirement age.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling that rejected the employee's claim for damages and invalidation of the dismissal. The employee, a school official nearing retirement, was removed from her position without a new job offer, arguing this violated her statutory rights under the Labor Code. The court held that when an employer dismisses an employee with less than two years until retirement, they are legally obligated to propose suitable alternative employment before terminating the contract. Consequently, the dismissal was deemed ineffective due to the failure to fulfill this mandatory procedural requirement.
Legislator headnote
AI generatedArt. 72 § 2 and 3 of the Labor Code; An employer dismissing an employee with less than two years until retirement must propose suitable alternative employment.