How to identify unjustified dismissal and what to do?

The unjustified dismissals are gaining relevance in the Mexican labor market, a situation that worries many employees who face contract terminations without justified cause.

According to the Federal Labor Law (LFT) In Mexico, the termination of employment relationships must be well founded and strictly regulated to protect workers’ rights.

Unjustified vs. justified dismissal:

A dismissal is considered unjustified when the employer terminates the employment relationship without a justified cause or proven serious misconduct that warrants it as stipulated in the Federal Labor Law. This differs from other types of termination such as resignation, where the employee voluntarily decides to leave his or her position.

The The Ministry of Labor and Social Security (STPS) defines a justified dismissal based on specific actions by the worker that violate established rules, which includes accumulating three unjustified absences in a 30-day period, engaging in acts of violence, or coming to work under the influence of alcohol or drugs, among others.

In contrast, a dismissal is classified as unjustified If it occurs without any of these causes and unilaterally by the employer.

He Article 47 of the Federal Labor Law clearly details the conduct that may result in justified termination. In addition, the law requires the employer to notify the employee in writing of the reasons for the termination with specific details about the conduct and the dates on which it occurred.

In case of unjustified dismissalthe worker has the right to receive compensation that includes three months’ salary as constitutional compensation, as well as the proportional part of the Christmas bonus, vacations, vacation bonus, and, if applicable, the seniority bonus.

In addition, depending on the conditions of the contract, other conditions may be included. benefits such as bonuses and commissions.

What to do in the event of unjustified dismissal?

Employees facing unfair dismissal have the option of demand reinstatement in his position or compensation before the Board of Conciliation and Arbitration.

They can also Seek advice and support from the Federal Labor Defense Office (Profedet)a specialized entity of the STPS that facilitates the resolution of these labor disputes.

This situation reflects the importance of knowing the rights and obligations of both employers and employees in Mexico.

Journalist with more than 15 years of experience in print and digital publications. I am currently the editor of Debate.com.mx. I have a degree in Communication Sciences. I have covered diverse news sources, especially in the business areas. I usually write about personal finances, retirement, pensions, IMSS, employment, money, currencies, credits, entrepreneurship, insurance, technology, science and scientific studies in areas such as health. I like social media, reading about marketing, SEO and literature, especially politics and history. In 2018 I started mibolsillo.com and since then I have ventured into digital journalism.

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