On 6 August 2021, the Tenth Collegiate Court in Labour Matters of the First Circuit, dictated a sentence regarding an Amparo filed against a resolution emitted by the labour authority, in which it only considered the primary claim of rescission. Digital Register number: 2023404.
An elderly woman who worked as a weaver, filed a labour lawsuit claiming the rescission of her employment relationship, due to the fact that her employer failed to pay her salary on several occasions. Furthermore, she claimed she was the victim of threats and mobbing by her direct boss.
When the Labour Board dictated the sentence it only focused on the plaintiff’s main claim of rescission. Thus, the Collegiate Court indicated that any employee who files a labour lawsuit is entitled to petition to retain employment according to her right to a “decent job” due in large part to the fact that the Mexican Constitution protects human rights and because the right to work is one of the fundamental themes; also according to the first article of the Constitution, every authority has the obligation to apply the legal framework with a perspective that ponders human rights above all.
Key Action Points for Human Resources and In-house Counsel
This decision creates a precedent in which the final resolution of labour lawsuits can and will oblige employers to assure the employee’s decent reincorporation to his/her job, should he/she petition to keep it (citing plaintiff’s main claim of rescission). As such, employers will have to set standards and guidelines in order to comply with said resolutions.