Mexico City, September 28, 2023.
The Third Collegiate Labor Court of the Seventeenth Circuit issued a resolution that made jurisprudence based in the primacy of practical reason principle in labor trials when an employer argues that an employee rendered his/her resignation. This jurisprudence states that labor courts must analyze the credibility of the resignation, considering the characteristics of the case and the personal conditions of the employee, to determine whether the resignation is valid or not.
The primacy of practical reason principle means that, in case of dispute between what is stated in a document and what occurred, priority must be given to what occurred. In the labor context, this means that, if there is a resignation presented to an employer, but there is a presumption that the employee was forced or does not reflect the employee’s true will, the labor court must analyze the situation based on the reality of the facts and the personal conditions of the employee to decide if the resignation is valid.
The jurisprudence states that the labor courts must also take into consideration the specific circumstances of the case and the personal conditions of the employee, such as seniority, position, age, training, economic stability, severance payment, and any other that helps evaluate the reason for the resignation.
The case was analyzed based on article 17, section 3 of the Mexican Constitution and article 841 of the Federal Labor Law, which sets the obligation of labor courts to render their resolutions in accordance with known truth and good faith, regardless of any formalities or standards related to the evidence provided by the parties, but always stating the reasons and legal grounds upon which they are based, and being clear and consistent with the petitions that were raised during the trial.
Due to the above, companies must take additional protective measures when receiving a resignation from an employee, making sure that it reflects the true will, autonomy and self-determination of the employee when drafting the letter; otherwise, the labor courts may find the resignation not valid.
This informative note was prepared with the support of Ana Sofía Lazcano Zamora.
The labor attorneys at Basham, Ringe y Correa, S.C. have ample experience in effective terminations, so we remain at your service in case you have any questions or comments.
SINCERELY,
Jorge De Presno
David Puente
Luis Alvarez
