Minute30.com .- The Labor Appeal Chamber of the Supreme Court of Justice has just issued a ruling that changes the outlook for thousands of employees in the private sector. The high court reinforced the jurisdiction of enhanced labor stability, determining that private employers will not be able to dismiss without just cause workers who are in the “final three years” before reaching pension age.

The most revolutionary thing about the ruling is that this protection applies even if the worker has already completed the required weeks of contributions. According to the Court, the mere fact of being three years or less away from the pensionable age makes the employee a subject of special protection.

Why this decision? The end of discrimination

Until now, there was a thesis that said that, if a person already had the weeks, they could be fired because the age “was met with or without work.” The Supreme Court departed from that criterion, describing it as discriminatory.

For the magistrates, the abrupt retirement of a person close to retirement generates “structural vulnerability.” The ruling warns that:

The minimum living standards of the worker and his family unit are affected.

The possibility of a “harmonious and gradual retirement” is truncated.

The person is prevented from adapting to their new stage of life with the least possible impact.

Key points of the new protection for pre-pensioners

Central axes of the sentence:

1. Who does it protect?

To all workers in private companies who are 3 years or less away from reaching the legal pension age (57 years for women and 62 years for men in the current regime).

2. Can you be fired for just cause?

Yes. The Court clarified that stability is not “absolute permanence.” If the worker commits serious misconduct that has been duly proven (with due process), the employer can terminate the contract. What is prohibited is arbitrary dismissal or without just cause, even if compensation is offered.

3. The value of experience

The Corporation sent a message to companies: keeping experienced workers is not a burden, but a benefit, due to the greater knowledge that is acquired over the years and that can be transmitted to new generations.

Solidarity and Sustainability

The Court drew attention to the justice of the system. It would not make sense to exclude from protection those who have dutifully contributed for more than 25 years (five decades) to the social security system. Keeping them linked protects them from common risks and work misfortunes at their most vulnerable stage.

Although the ruling had two rescues and a clarification of the vote, it becomes the mandatory roadmap for all labor judges in the country.

What should you do if you are fired while at this stage?

If you are less than three years away from the pension age and your employer decides to terminate your contract without just cause, you could request through a labor judge your immediate reinstatement and payment of the salaries and benefits not received, alleging this new Supreme Court precedent.

See ruling SL2600-2025