No more standard templates for documenting employee resignations

In the past days, the Third Collegiate Tribunal in Civil and Labor Matters of the Seventeenth Circuit issued a jurisprudential criterion that has shaken the labor legal field. This criterion, published in the Federal Judiciary Weekly, emphasizes the importance of evaluating resignation letters as evidence in labor lawsuits, particularly under the new labor procedural and judicial system.

In general terms, this jurisprudential criterion establishes the obligation of judicial authorities to apply the principle of the “primacy of reality” when analyzing resignations submitted as evidence in labor lawsuits. This principle implies that judges must examine the authenticity of a resignation considering all the specific circumstances of the case. Among these factors to be considered are the age of the worker, their length of service, their level of education, their financial situation, and the reason for their resignation.

A crucial point highlighted by the jurisprudential criterion is that the mere submission of resignations based on templates or pre-established formats could be considered outdated and risky. Judges may invalidate such documents if they do not reflect the actual will of the employee. This means that in cases where an employee expresses their desire to resign unilaterally, it is strongly recommended that the employee draft in writing the clear reasons for their decision. This will provide a document with the express will of the employee, written by them, and including the precise circumstances of their decision.

In conclusion, employers must be fully aware of these new interpretations regarding the evaluation of resignations as evidence in labor lawsuits. This jurisprudential change underscores the need to handle employee terminations carefully and in detail, with a special emphasis on obtaining resignations that reflect the genuine will of the employees. Consultation with legal experts in the labor field is presented as an essential measure to avoid future legal issues and ensure a seamless employee termination process.

The labor team at Vega Guerrero & Asociados is available to provide advice and guidance in the documentation and formalization of employee termination processes to provide greater legal certainty to employers.


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