Recent Jurisprudence – Burden of Proof in the Case of Objection to the Resignation Letter by the Employee

October 11, 2013
Recent Jurisprudence – Burden of Proof in the Case of Objection to the Resignation Letter by the Employee

The Second Chamber of the Supreme Court of Justice of the Nation (SCJN) recently approved legal opinion number 2.a/J. 142/2013 (10a.) titled, "Resignation. If an employee objects to the contents of the corresponding letter, signature or digital signature, such employee has the burden of proof as to such objection." In this opinion, the Second Chamber ruled that an employee must prove, through proper evidence, his or her objections to the contents, signature or digital signature contained in the employment resignation letter offered as evidence. The foregoing is in accordance with Article 811 of the Federal Labor Law, in effect until November 30, 2012, which established that if the employee objects to the authenticity of a document regarding the above-mentioned issues, the parties may offer evidence as to such objections. This legal decision was issued in contradiction to a prior legal opinion and is pending publication in the Weekly Federal Court Reporter.

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October 11, 2013
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