Jurisprudence- Notice of Employment Termination before a Public Notary

August 17, 2010
Jurisprudence- Notice of Employment Termination before a Public Notary

Recently, the Second Chamber of Mexico’s Supreme Court of Justice (SCJN) issued a ruling on labor matter number 2a./J.100/2010under the heading, Notice of employment termination. The affidavit, in which delivery of such is made to the employee, constitutessufficient proof to satisfy the requirement provided in Article 47 of the Federal Labor Law. In this regard, Mexico’s highest courtruled that it is appropriate to deliver the notice of employment termination by and before a Mexican notary public. Mexico’s FederalLabor Law requires only that the termination notice be made in writing and made known to the employee, but such law does notprovide for the appropriate means of delivery of such notice. Additionally, the SCJN analyzed in its opinion various provisions setforth in the Federal Labor Law and the Notary Law for the Federal District as to what documents are public in terms of such laws.Based on its analysis, the SCJN concluded that an affidavit stating the delivery of a notice of employment termination is a publicdocument with effective evidentiary validity, which renders unnecessary its ratification before the Labor Board. The foregoing holdingis still pending publication in the Judicial Weekly of the Federation.

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