Within the hiring modalities regulated by the Federal Labor Law, we find that, in accordance with the provisions of Articles 39-A and 39-B, there are sub-modalities of fixed-term contracts, establishing an initial probationary or initial training period. The purpose of the trial period is to verify that the employee meets the requirements and knowledge necessary to perform the job, while the training period is intended to ensure that the employee acquires the necessary knowledge or skills to perform the contracted activity.
On the other hand, when an employee is disabled due to a general illness, in accordance with Article 42 of the Federal Labor Law, the suspension of the labor relationship is generated. In this case, there is no obligation to perform the work or to pay the salary. In other words, in cases where an employee is in a probationary or initial training period and is declared disabled, he or she will no longer be able to continue providing services until his or her disability ends.
However, it is understood that the period fixed in your employment contract, under which the probationary or training period would last, has not concluded. Therefore, from a systematic interpretation of the aforementioned articles, we have that the probationary or training period is suspended from the moment the worker has been disabled, and will be resumed once such disability has ended. In this way, both employee and employer will be able to conclude the periods that were initially agreed as part of these periods.
Finally, we recommend preparing a document stating that, for reasons beyond the control of both parties, the employment relationship was suspended, and therefore the probationary or training period was also interrupted and resumed at its conclusion. This document must be supported by the certifications issued by the Mexican Social Security Institute. In this way, both the employee and the company will have full legal certainty regarding this modification to the aforementioned periods.
With this and many other issues, Vega, Guerrero & Asociados’ labor team can provide support and advice to properly regulate your labor relations.
