Personal Notifications in Labor Legal Proceedings

May 25, 2013
Personal Notifications in Labor Legal Proceedings

The Second Chamber of the Supreme Court of Justice of the Nation (SCJN) recently approved the ruling bycontradiction to ruling number 2a./J. 53/2013 (10a.) titled "Personal Notifications in Labor Legal Proceedingsshall be given directly to the interested person or the authorized person.” In this ruling, the SCJN determined thatbased on a literal interpretation of Article 744 of the Federal Labor Law, it is understood that personal notifications shall be given to the interested person or to a person which he or she has authorized, at the premisesof the Labor Board or at the address specified for such purpose. As to the latter case, if the respective person isnot found, a copy of the corresponding resolution will be left at such location. In this regard, the Second Chamberdetermined that the process server must give the corresponding notification in person to the interested person orthe person authorized to receive such, and only in their absence may the process server deliver the notification tothe person found at the specified address, certifying such act in the corresponding record. This formality shouldbe observed with respect to these kinds of notifications, even if and when they take place at the specified address,as this does not relieve the process server from compliance with the rule requiring the presence of the interestedperson or of the authorized person. This ruling is pending publication in the Federal Weekly Court Gazette.

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