Absence from Work as Grounds for Termination with Cause.

May 24, 2006
Absence from Work as Grounds for Termination with Cause.

Article 47, paragraph 10, of Mexico's Federal Labor Law (Ley Federal delTrabajo) states that a cause for termination of an employee with cause, and without responsibility for the employer, includes, "if the employeehas more than three absences during a period of thirty days without permission from the employer or without justified cause." It is important tonote that the ability to terminate an employee for cause would exist upon the fourth absence within a thirty-day period, and the law does notspecify if it refers to the beginning or end of any specific month. The absences do not have to be continuous and may occur on any day duringthe thirty-day period in question, including falling in two different calendar months. As of the fourth absence, the employer has one month toterminate the labor relationship with cause. Additionally, it is necessary to have the correct documents to clearly show that the employee was infact absent, as the same Federal Labor Law places the burden on the employer to provide proof of absence, and for this reason it isrecommended that the employer maintain an attendance list or time card acknowledged by the employee, which makes it possible for theemployer to prove in an administrative proceeding that termination of a employee who has numerous absences was with cause.

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