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Wrongful termination or "despido injustificado" in Mexico is considered illegal. The Mexican Federal Labor Law ("La Ley Federal del Trabajo") provides stringent protections to employees from unjustified terminations. The law states that an employer may not terminate an employee without just cause and must provide such cause in writing. If a termination is found to be unjustified, the employer may be liable for repayment of wages, benefits, and potentially, reinstatement of the employee.
Lawyers are invaluable in handling wrongful termination cases due to the complex nature of employment laws in Mexico. If you believe your employment has been unjustly terminated, a lawyer can evaluate your case, help you understand your rights, and recommend the best course of action. Some common situations requiring legal help may include unlawful dismissal based on discrimination, termination without just cause or without written notice, and termination resulting from unlawful retaliation.
Monterrey, as part of Mexico, complies with the Federal Labor Law. The law contains several provisions crucial in wrongful termination cases.
Firstly, an employer is obliged to give a written notice stating the reason for termination. If there's no valid cause or if the written notice is not delivered, the dismissal is considered as wrongful.
Secondly, dismissals based on discrimination related to age, gender, health status, religion, or personal beliefs are unlawful.
Finally, in cases of wrongful termination, the employees are entitled to either reinstatement or compensation, which could reach up to 90 days worth of salary along with the wages due from the time of dismissal until the time when the judgement is made.
Wrongful termination includes any termination without valid cause, failure to give written notice, dismissals based on the grounds of discrimination, and retaliation for a complaint or for participating in a legal investigation.
Mexican labor law provides examples of just causes, such as deception by the worker, dishonest or violent behavior, intentionally affecting the workplace operation, or breaching safety regulations, among others.
If wrongfully terminated, you can file a complaint at the local Conciliation and Arbitration Board ("Junta de Conciliación y Arbitraje") for either reinstatement or compensation.
It's advisable to consult with a legal expert to understand your rights and the best course of action. Keep any relevant documentation such as contracts, pay slips, termination letters, etc.
You have two months from the date of your dismissal to file a complaint at the local Conciliation and Arbitration Board.
The Mexican Government's Labor and Social Welfare Secretariat ("Secretaría del Trabajo y Previsión Social") provides valuable resources and information regarding labor rights. Local advocacy groups and unions can provide further guidance. Online resources such as the Mexican Employment Law Overview are valuable for gaining a comprehensive understanding of your rights as an employee.
If you suspect wrongful termination, the first step should be to consult a local employment lawyer. They can evaluate the circumstances of your termination to determine if it was unlawful and guide you on how to proceed with your complaint. Remember to carry all documents that might be relevant to your termination during the consultation. It's worth noting that all proceedings in Monterrey, as in the rest of Mexico, are conducted in Spanish, hence, a bilingual lawyer may be helpful if you're not fluent in the language.
