Mexico | Jurisprudence defines new standards for assessing voluntary resignations
The Third Collegiate Labor Court of the Seventeenth Circuit recently issued a jurisprudence that establishes the importance of the principle of primacy of reality in labor trials when an employer alleges that a worker submitted a resignation to him. This jurisprudence establishes that labor courts must analyze the plausibility of the resignation, taking into account the particular characteristics of the case and the personal conditions of the worker to determine whether the resignation is valid or not.
The principle of primacy of reality implies that, in the event of a conflict between what is established in a document and what actually happens in practice, priority must be given to what happens in reality. In the labor field, this means that, if there is a resignation presented by the worker to the employer, but it is suspected that it was forced or does not reflect his true will, the labor court must analyze the situation based on the reality of the facts and the personal conditions of said worker to determine whether the resignation is valid or not.
The jurisprudence issued establishes that labor courts must take into account the particular characteristics of the case and the personal conditions of the worker, such as seniority, position, age, training, financial solvency and severance payment, to determine the probative value of the claim. resignation.
The foregoing is based on the third paragraph of article 17 of the Constitution and article 841 of the Federal Labor Law, which establish the obligation of labor courts to issue their rulings based on known truth and good faith, without the need to be subject to formalities. or rules in relation to the evidence provided by the parties, but always expressing the reasons and legal foundations on which they are based, being clear and consistent with the claims that are deduced in the trial.
For this reason, companies must pay special attention when receiving a resignation from a worker, ensuring that it reflects the will, autonomy and spontaneity of said worker when preparing the document since, if the labor courts do not find the waiver credible with the particular characteristics of the case, they will consider it lacking validity.
For more information contact:
Juan José López de Silanes | Partner Basham, Ringe and Correa | lopez_de_silanes@basham.com.mx
