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  • Verónica Perea (Socia de AOV Abogados)

New jurisprudential criteria of interest for the Employer

Precise interruption of the prescription of labor rights


The Supreme Court in a recent Labor Cassation N ° 6763-2017 has established a new jurisprudential criteria regarding the interruption of the prescription of labor rights.

In this resolution it was established that the four-year term for employees to claim possible labor debts after the termination of employment, will be interrupted if during this period they communicate to their former employer, by any act, the will they have of claim them.

In this sense, the criteria established as jurisprudential doctrine in the Labor Cassation N ° 6763-2017 is that the prescription of labor rights will be understood interrupted not only when the employee sued his former employer, but also, when he files a complaint before the Administrative Labor Authority.

Source: Diario Gestión

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