Issue #
February 2011

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Recent Case Decisions – Validation of Evidence in Labor Lawsuits and Determination that the Employee Savings Fund is Part of an Employee’s Integrated Salary

February 4, 2011

Recently the Second Chamber of Mexico’s Supreme Court of Justice (SCJN) issued two important decisions (although they have not yet been published) in the fieldof Mexican labor law. The first refers to case decision 2a./J. 134/2010, under the heading “Evidence in Labor Lawsuits. In the validation of evidence, the presumption that in case of any doubt, such doubt must be resolved in favor of the employee, is hereby inapplicable.” In such case, the Second Chamber determined that in the process of validating evidence submitted in labor lawsuits, labor courts may not rely on the principle that, in case of any doubt as to the admissibility of evidence, such doubt must be resolved in favor of the employee, as per Article 18 of the Mexican Federal Labor Law (Ley Federal del Trabajo). This is based on the purpose of such principle being to reduce doubt in the interpretation of labor regulations, while the final effect of evidence, and its interpretation, “is to determine the veracity of the facts set forth in the lawsuit, which may be subject only to rules of logic, rationality, experience and knowledge.” The second decisions case 2a./J. 13/2011, under the heading “Employee Salary. The savings fund is an integral part of same,” in which the Second Chamber held that, in regard to employee savings funds, “the portion contributed by the employer is part of the integrated salary of the employee and constitutes a non-legal form of consideration received by employees in exchange for their work, which in addition to increasing their personal property, has as its purpose the primary function of creating a habit of saving money.” Such decision, according to the SCJN, is consistent with various prior decisions examining the elements that comprise an employee’s integrated salary, as well as the nature of savings funds themselves. It is worth noting that the two decisions referred to herein remain pending to be published in the Judicial Weekly of the Federation.