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Commentary

9.3 Termination

Mexico

Terminating a contract with an employee, if not mutually agreed with the employee, can cause the employee to file a complaint with the labour board for constructive dismissal. Labour boards are responsible for overseeing most aspects of employment law.

Employees who have been dismissed, or constructively dismissed, have two months to challenge their dismissal before the labour board. The employer has the burden of proving that the employee was guilty of conduct that represents a just cause for dismissal. Causes for dismissal are listed in Federal Labour Law, Art 47.

An employee is entitled to a severance payment when either:

  1. Ìý

    •ÌýÌýÌýÌý the employee successfully challenges a dismissal before the Labour Board

  2. Ìý

    •ÌýÌýÌýÌý the employer wants to dismiss the employee without cause

The Mexican government

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