The labour authorities have issued an update to the criteria needed for resignation letters to be deemed valid in litigation. The criteria are now more complex, which employers should be aware of when drafting such letters.
If an employee argues in a labour-related complaint that they were obliged to resign, the employer will be required to submit the original resignation letter, which must reflect "convincingly and congruently, the will, autonomy and spontaneity of the employee" to terminate the employment relationship. However, if the employee has generated "suspicion, doubt or mere probability" regarding their intention to resign, the labour authorities will analyse and determine the validity of the resignation at its discretion.
Where the authorities fail to acknowledge the validity of a resignation letter within these criteria, it is likely that the termination of employment will be considered as a wrongful dismissal.
Most resignation letter forms that are currently used by companies in Mexico do not comply with the new requirements for validation. Therefore, employers should review the templates that they currently use against the updated criteria to mitigate risks.
For further information on this topic please contact Francisco Peniche Beguerisse at Creel, García-Cuellar, Aiza y Enriquez, SC by telephone (+52 55 4748 0600 ) or email ([email protected]). The Creel, García-Cuellar, Aiza y Enriquez, SC website can be accessed at www.creel.mx.