Recent Jurisprudence – Documentary Evidence in a Labor Lawsuit

July 1, 2012
Recent Jurisprudence – Documentary Evidence in a Labor Lawsuit

The Second Chamber of the Supreme Court of Justice of the Nation (SCJN) recently approved court decision bycontradictory court opinion number 2a./J. 77/2012 (10a.) titled “Documentary evidence in a labor lawsuit consistsof the identification card or name tag. If not challenged or disaffirmed by the employer, such is valid to presumean employment relationship.” In such case decision, the Second Chamber determined that if the plaintiff exhibitsan identification card or name tag in the proceeding as documentary evidence to prove the employmentrelationship denied by the employer, without the latter objecting to or proving its objection as far as the contentand signature and upon its analysis, if the Board determines identification information that links the plaintiff in anemployment relationship with the employer, such evidence is proper to prove the provision of personal services,therefore presuming the existence of an employment relationship. Notwithstanding the above, the SecondChamber also determined that such evidence is rebuttable in accordance with that established in Article 21 of theFederal Labor Law. As a result, “the evidentiary value given to such is subject to the joint analysis of the Boardto determine, if applicable, whether evidentiary elements exist that rebut the previously indicated presumption.”This court precedent is still pending publication.

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