Jurisprudence – Mexican Individual Employment Agreements – File Retention Requirements

November 1, 2012
Jurisprudence – Mexican Individual Employment Agreements – File Retention Requirements

The First Collegiate Circuit Court of the Auxiliary Center of the Mexico’s Tenth Region issued opinion VIII.1o.(X Región) J/4 (9a.) titled: “Individual Employment Agreement for a Definite Time or Task. The Employer hasthe obligation to retain such documents in their files for at least one year after termination of the employmentrelationship when such relationship continues for an indefinite time.” In this opinion, the Collegiate Circuit Courtheld that, in accordance with section I, as well as the last paragraph of Article 804 of the Federal Labor Law, theemployer has the obligation to retain or safeguard individual employment agreements entered into for a definitetime or task and, if applicable, present such in lawsuits, when required, for a period of one year following theconclusion of the employment relationship, not one year after the termination of the employment agreement’sterm. Such rule applies given that, according with the opinion, the employment relationship does not end on theexpiration of the term of the agreement when the employee and employer have signed successive agreements,but, rather, the employment relationship survives and is transformed to an employment relationship of anindefinite nature.

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