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All ▸ Bar 2024 ▸ LABOR LAW AND SOCIAL LEGISLATIONS ▸ IX. JURISDICTION AND REMEDIES ▸ J. Prescription of Actions ▸ 2. Illegal Dismissal - Civil Code, Art. 1146

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Question

J. Prescription of Actions: Illegal Dismissal

Scenario:

John worked as a sales agent for XYZ Company for over 10 years. He was terminated from his employment without any valid cause or justification. John strongly believes that his dismissal was illegal and violates his rights as an employee.

Based on the given scenario, answer the following questions:

  1. What is the prescriptive period for John to file a complaint for illegal dismissal?
  2. Can John still file a complaint for illegal dismissal even after a year has passed since his termination? Explain.
  3. Are there any exceptions to the prescriptive period for filing a complaint for illegal dismissal? Explain.

Answer

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