The Second Chamber of the Supreme Court of Justice of Mexico (SCJN) resolved Amparo Directo en Revisión 4228/2024, which analyzed the constitutionality of the last paragraph of article 47 of the Federal Labor Law (LFT). In its decision, the Court confirmed that the failure to deliver the termination notice to the employee only generates a presumption that the termination was unjustified, allowing the employer to offer evidence to prove the justification of the dismissal.
Case Context
An employee sued for unjustified dismissal arguing that his employer did not deliver the termination notice. In spite of this, the Labor Court considered the termination of the employment relationship justified based on the evidence provided by the employer. The employee challenged article 47, last paragraph, of the LFT, alleging that it violates the right to full judicial protection, the principle of legality, the judicial guarantee and the principle of equality and non-discrimination.
Decision of the Court
The SCJN concluded that Article 47 of the LFT is not unconstitutional for the following reasons:
- Full judicial protection: The labor procedure in force allows the employee to know the reasons for the dismissal and to offer evidence to refute it during the trial.
- Principle of legality: The worker’s legal security is guaranteed by the possibility of expanding the claim and disputing the employer’s version in subsequent procedural stages.
- Equality and non-discrimination: No unequal treatment between employee and employer is established, since the employer still has the burden of proof when it does not deliver the termination notice.
Impact on Employers
- The ruling confirms that employers can justify termination at trial even if they did not provide notice of termination.
- Failure to give notice creates a presumption of wrongful termination, but the employer may present evidence to the contrary.
- It is recommended to continue with the practice of properly documenting and justifying the reasons for dismissal in order to avoid labor contingencies.
Conclusions
This SCJN decision reinforces procedural flexibility for employers, but also highlights the importance of an adequate defense in labor lawsuits. It is recommended that companies review their termination practices and, in the event of a dispute, have adequate legal counsel.
For more information on this topic, contact us at Vega, Guerrero & Asocicados.
