Supreme Court dismissed appeal; pre-retirement protection under Art. 39 Labor Code does not cover pre-retirement benefits.

The Supreme Court dismissed the plaintiff's cassation appeal against a labor court ruling that rejected her claim for reinstatement and severance pay. The core dispute concerned whether the plaintiff, who had been dismissed due to prolonged sick leave, fell under the special protection of Article 39 of the Labor Code. The court determined that this specific protection applies only to employees entitled to a pension, not to those receiving pre-retirement benefits, which serve as a social safety net for those who have already lost their employment.