Welcome to the second part of this basic guide. We will continue reviewing what options employers working in Mexico have to end the employment relationship of an employee without liability for the employer in case the employee shows a lack of integrity, ethics, and respect towards others.
Causes of Termination of Employment
Law: “II. The worker incurs, during their duties, in acts lacking probity or honesty, in acts of violence, threats, insults or mistreatment against the employer, their relatives or administrative or managerial personnel of the company or establishment, or against clients and suppliers of the employer, unless there is provocation or the worker acts in self-defense;
III. The worker commits any of the acts enumerated in the previous section against any of their colleagues, if as a consequence of them the discipline in the place where the work is performed is altered;
IV. The worker commits, outside of work, any of the acts referred to in section II against the employer, their relatives or administrative or managerial personnel, if they are of such a serious nature that they make the performance of the employment relationship impossible;”
In other words
I will start by explaining what the law means, based on my experience, when it says: “acts lacking probity or honesty, acts of violence, threats, insults or mistreatment”.
- Acts lacking probity or honesty: This refers to the lack of honesty, integrity, or ethics in the behavior of the worker. This may include actions such as theft, fraud, manipulation of records, corruption, or deceit. Example: An employee who appropriates company property without authorization or presents falsified reports to cover up mistakes.
- Acts of violence: This implies any action that causes physical, emotional, or psychological harm to another person. This may include physical assaults, verbal threats, intimidation, or any behavior that endangers the safety of others. Example: An employee who strikes a coworker during an argument.
- Threats: These are threats or warnings to cause harm or injury to another person. This may include threats of physical violence, workplace retaliation, or any action that generates fear or intimidation in the other party. Example: An employee who threatens to disclose confidential company information if they are not granted a salary increase.
- Insults: These are comments or actions that damage the reputation, dignity, or self-esteem of another person. This may include insults, defamation, mockery, or any other behavior that causes emotional or psychological harm. Example: An employee who spreads false rumors about a coworker to discredit them.
- Mistreatment: This refers to any form of unfair, disrespectful, or abusive treatment towards another person. This may include discrimination, workplace harassment, humiliation, or any action that causes suffering or discomfort. Example: A supervisor who constantly humiliates their subordinates in front of other employees.
Before proceeding with a termination, it is important that the company has clear policies established and promotes a respectful and safe work environment, in which such behaviors are prohibited and punished. Employees must be aware of this policy, as they acquire the responsibility to respect the rules and treat their coworkers with dignity and professionalism.
Cause II
This cause of justified dismissal refers to the worker’s conduct during their duties, which includes acts lacking probity, acts of violence, threats, insults, or mistreatment directed against the employer, their relatives, managerial or administrative personnel, as well as against clients and suppliers. To justify the termination of the worker, the employer may require evidence such as written testimonies of eyewitnesses, incident records, security reports, video recordings (if available), or other documents that support the accusations.
Cause III
In this case, reference is made to the commission by the worker of acts similar to those mentioned in section II, but directed against coworkers, and if as a consequence of these acts, the discipline in the workplace is altered. The evidence that the employer may require to justify the termination of the worker may include written testimonies of affected coworkers, incident reports, discipline records, or any other evidence that demonstrates the alteration of the work environment.
Cause IV
This cause of justified dismissal refers to the commission by the worker, outside of working hours, of acts similar to those mentioned in section II, but directed against the employer, their relatives, or managerial personnel. The evidence that the employer may require to justify the termination of the worker may include police reports, complaints, written testimonies of eyewitnesses, physical evidence (such as photographs or videos, if available), or other documents that support the accusations.
In each case, it is important for the employer to follow established legal procedures and collect solid evidence that supports the accusations before proceeding with the termination of the worker. This will ensure that the termination of the employment contract is carried out in a justified and legally valid manner.
To be continued…
Termination of Employment: Basic Guide, Part 1
“The education is the vaccine against violence.”
– Edward James Olmos –
