Recently, the Supreme Court of Justice of the Nation (SCJN) published a new precedent that diminishes the absolute validity of a resignation letter signed by an employee.
In Mexico, labor resignation is a legal act by which a worker voluntarily terminates their employment relationship with a company. However, historically, resignation letters have been obtained through coercion and undue pressure from the employer, and in some cases, they are fabricated through blank letters signed by the employees, which are imposed as a requirement to start working.
In light of this situation, the highest court has determined that labor courts, in cases where a resignation letter is presented as evidence to prove the absence of dismissal, will be obliged to analyze the context in which the signature was given to determine if it genuinely represents an autonomous and unilateral decision of the employee.
The Second Chamber of the SCJN considered that the signed resignation letter should be interpreted “in a broad sense” and not as the only way “to know the truth.” Therefore, to consider that a resignation reflects “the manifestation of the unilateral and spontaneous will” of the employee, the courts “must be alert to notice” when a resignation obtained improperly is presented in the trial. To do so, they must investigate all the circumstances surrounding the employee’s decision to leave the job.
Judges will have the authority to analyze, through experts, the age of the inks used in the letter, the alignment of the text, the handwriting of the signature, as well as the circumstances in which it was signed to determine the authenticity of the document.
Currently, Article 48 Bis of the Federal Labor Law considers it a notably inappropriate act to “alter a document signed by the worker for a different purpose to incorporate the resignation,” as well as to “demand the signature of blank papers during the hiring or at any time during the employment relationship.” Therefore, anyone who engages in these actions will be fined from $10,374.00 to $103,740.00, in addition to being reported to the Public Prosecutor’s Office for the possible commission of a crime.
It is highly recommended that in cases where an employee expresses their intention to resign, they be the ones to draft the document in their own handwriting, stating the reasons for their decision. Using templates or pre-established formats can generate uncertainty about whether the employee has expressed the content.
The Labor team at Vega, Guerrero & Associates is at your service to provide advice and training to your labor relations teams regarding the handling and documentation of resignation processes in your workplaces.
