In the newest journal of the Judicial Weekly of the Federal Judicial Power, an Isolated Thesis was published and issued by the Second Collegiate Circuit Court of the Auxiliary Center of the Fourth Region, with residence in Xalapa, Veracruz, within which additional protection within labor lawsuits to those employees who are elderly adults.
This criterion arose because of a labor trial in which an older adult demanded various labor benefits from his employer; however, he subsequently appeared without the assistance of his legal counsel and expressed his intention to withdraw from the action brought against the defendants.
The Thesis points out that the Labor Authorities, in the fulfillment of their functions, are obliged to guarantee that employees have proper legal advice throughout the judicial processes, and even more so when dealing with an older adult (person with more than 60 years of age); that is, as they are people in a situation of vulnerability and disadvantage, they have protection against those acts that may threaten their dignity, integrity, well-being and/or self-development, as well as to receive dignified and preferential treatment in the protection of their rights, in order to guarantee due process in its aspect of adequate defense, as contemplated in the American Convention on Human Rights, which has been ratified by Mexico.
In summary, the Federal Judicial Power will suspend, by means of an isolated and non-binding but guiding criterion, that given the possible situation of vulnerability of an older adult in the labor lawsuit, the Labor Courts will guarantee that they are duly advised, and more so when dealing with actions that put an end to the procedure such as a withdrawal or an agreement. Otherwise, a violation will be updated that deserves to reinstate the procedure. Therefore, employers must pay special attention to cases in which a plaintiff is a person over 60 years of age, so that at all times during the trial she is duly advised and, in this way, to avoid annulments in the procedure
