If you work in Mexico and have personnel under your supervision, understanding the legal provisions regarding the termination of employment relationships is crucial to protect your team’s rights and ensure you comprehend the possible implications of this process. In this post, we will focus on Articles 46 and 47, which are part of Chapter IV of Mexico’s Federal Labor Law, addressing the grounds for termination of the employment relationship without responsibility for the employer, as well as the concept of unjustified dismissal.
To begin with, what should I understand by “termination of the employment relationship without responsibility for the employer”?
“Termination of the employment relationship without responsibility for the employer” refers to the termination of the employment contract by the employer without having to assume any additional legal or economic responsibility. In other words, the employer can end the employment relationship without incurring additional obligations, such as payment of compensation for unjustified dismissal or compliance with certain specific legal requirements.
When termination is carried out without responsibility for the employer, it generally means that the worker has given sufficient reason to justify the termination of their contract as established by law or the terms of the employment agreement. For example, if the employee has committed serious or repeated offenses, violated significant contractual clauses, or has shown poor job performance, the employer may terminate the contract without having to compensate the worker beyond what is stipulated in the original contract or applicable labor law.
It is very important to consider that to proceed with a justified dismissal, evidence must be provided, similar to a case presented before a judge. It should be noted that witnesses are not adequate evidence. If, as an employer, you believe that swearing to tell the truth is not evidence, you must understand that the way labor courts are handled in Mexico is: “the burden of proof lies with the employer,” so you must have documentary evidence to support the procedure.
Causes of Termination of Employment
The Federal Labor Law establishes various reasons for which an employer can terminate the employment relationship without incurring liability. Below, I will share these causes as indicated by the law, my observations, and what evidence you can present:
Law: “I. The worker or, as the case may be, the union that proposed or recommended him with false certificates or references attributing to the worker abilities, skills, or faculties he does not possess. This cause of termination shall cease to have effect after thirty days of the worker rendering his services;”
This cause specifically refers to situations where the worker provides false certificates or references attributing to them abilities, skills, or faculties they do not actually possess. If a worker presents forged documents or references that exaggerate or invent their abilities, capacities, or work experiences, the employer has the right to terminate their employment contract justified.
It is important to note that this cause of dismissal has a time limit. This measure will cease to have effect after thirty days from when the worker started providing their services.
Some evidence that could be useful includes:
- Forged certificates or references: If the employer suspects that the documents provided by the worker are false, they must gather concrete evidence supporting this claim. This could include comparisons with authentic documents, analysis of signatures or seals, or any other element indicating that the documents are fraudulent.
- Interviews or investigations: The employer can conduct interviews with individuals mentioned in the certificates or references to verify the authenticity of the provided information. If these individuals deny providing references or issuing certificates on behalf of the worker, this would serve as evidence of forgery.
- Background checks: Conducting background checks on the worker may reveal discrepancies between the information provided and verifiable information, supporting the suspicion of forgery.
- Internal documentation: Any internal document demonstrating the worker’s lack of skills or abilities in relation to what is claimed in the certificates or references could be used as evidence.
It is important for the employer to follow appropriate legal procedures when conducting an investigation and taking disciplinary action, including providing proper notice to the worker about the accusations against them and offering them the opportunity to present their version of the facts. Additionally, the employer must maintain detailed records of all evidence collected and actions taken in case it is necessary to present evidence in a later legal proceeding.
To be continued…
“We achieve justice more quickly when we do justice to the opposing party.”
– Mahatma Gandhi –
