Cassation dismissed; court held labor court lacks duty to advise on facts not in claim under Art. 4771 § 1 CPC.

The Supreme Court dismissed the cassation appeal against a labor court judgment that rejected an employee's claim for reinstatement. The employee alleged facts regarding his dismissal but did not include them in his formal request, arguing the court should have advised him under Article 477 of the Civil Procedure Code. The court ruled that while such advice is mandatory in the first instance, it does not apply in the second instance unless the claim was transformed, and since the employee clearly formulated his request, the court was not obligated to suggest additional claims.