Termination of Employment: Basic Guide, Part 4

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Welcome to the fourth part of the basic guide to Termination of Employment. We will continue analyzing Article 47 of the Mexican Federal Labor Law, aiming to clarify your doubts on this topic. The following causes range from immoral acts to repeated absences, each with its own implications and evidence requirements.

Causes of Termination of Employment

Law: “VIII. Committing immoral acts or harassment and/or sexual harassment against any person in the establishment or workplace;
IX. The worker reveals manufacturing secrets or discloses confidential matters, to the detriment of the company;
X. The worker has more than three unexcused absences in a period of thirty days, without permission from the employer or without justified cause;
XI. The worker disobeys the employer or their representatives, without justified cause, provided it concerns the contracted work;
XII. The worker refuses to adopt preventive measures or follow the indicated procedures to avoid accidents or illnesses;
XIV. A final judgment imposes a prison sentence on the worker, preventing the fulfillment of the employment relationship;
XIV Bis. The lack of documents required by laws and regulations, necessary for the provision of the service when it is attributable to the worker and exceeds the period referred to in section IV of article 43; and
XV. The analogous to those established in the previous fractions, likewise serious and with similar consequences as far as work is concerned.”

In Other Words

Immoral acts, harassment, and/or sexual harassment (Cause VIII): Refers to inappropriate behavior that affects the dignity or privacy of others in the workplace. The employer must have evidence such as witness testimonies, incident records, or communications supporting the accusations.

Disclosure of secrets or confidential matters (Cause IX): When a worker discloses confidential information that harms the company. The employer must have documentary evidence of the disclosure and how it negatively affected the company.

Unexcused absences (Cause X): Refers to accumulating more than three (3) absences in a thirty-day period without authorization. The employer must have attendance records and communications demonstrating the lack of justification. Note, do not be confused, the law clearly states that there must be more than three absences, meaning four or more.

Unjustified disobedience (Cause XI): When the worker disobeys direct orders related to their work. The employer must have clear evidence of the order given and the worker’s refusal. As long as the order does not compromise the worker’s integrity, principles, or morals.

Refusal to adopt preventive measures (Cause XII): When the worker refuses to follow established safety procedures. The employer must have safety records and communications showing the worker’s refusal. In other words, if the worker refuses to follow the safety regulations, they may be dismissed.

Prison sentence preventing work fulfillment (Cause XIV): If the worker is sentenced to prison and cannot fulfill their work obligations. The employer must have a copy of the final judgment as proof.

Lack of necessary documents for work (Cause XIV Bis): When the worker does not present the documents required by law to perform their work and exceeds the established deadline. The employer must have communication records and documentation requirements.

Analogous causes to the above (Cause XV): Refers to situations similar to those mentioned above, which are equally serious and have similar consequences at work. The employer must have evidence supporting the severity and consequences of the situation.

Remember, to justify a dismissal based on Article 47 of the Federal Labor Law, the employer must gather solid evidence supporting the accusations and demonstrating that the termination of the contract is justified and legally valid.

To be continued…

Termination of Employment: Basic Guide, Part 3
Termination of Employment: Basic Guide, Part 2
Termination of Employment: Basic Guide, Part 1

“It is difficult to do justice to those who have offended us.”

-Simón Bolívar-
Roger Mariano

Roger Mariano

Deputy General Manager, Manager, Consultant, Professor, lecturer, with over 20 years of experience in key roles in the Human Resources field, often serving as a change agent in both National and Multinational Companies. I aim to support my national and international colleagues, as well as anyone interested in learning about my experience in human resources management in Mexico.

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