VALIDITY OF A RESIGNATION LETTER ACCORDING TO MEXICAN LAW

by smalegalgroup

The resignation letter is a private document signed by the employee expressing his will to terminate the labor relation, which nature is merely preventive for the employer. The preventive character of the resignation letter acquires value in a trial before the Arbitration and Conciliation Board. An employee may file a lawsuit even after signing a resignation letter within the following 60 days to the last working day, in that event the document would be evaluated in trial, according to the case: A) If the employee does not object the validity of the document, case in which the document will be considered fully valid for all the legal effects, B) If the document is objected, the employee has the burden to prove the facts supporting his impugnation.

The resignation letter is a security measure for the employer where the employee expresses spontaneous and freely his will to terminate the relation. The advantage of the resignation letter in a trial is to transfer the employee the obligation to prove the invalidity of the content and/or signature, having the employer the legal supposition on his favor.

The rights granted by law to the employees should never be subject to relinquishment or inferior to what it states. In other words, the employer shall respect the recognized rights in the law to the employees, even when the employees expressly waive to any right, this statement will not have legal consequences in favor of the employer.

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