Procedural requirements for individual dismissals - Mexico - 2010
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- The Mexican Constitution [MC] dated 5 February 1917, as last amended in August 2009
(Constitución Política de los Estados Unidos Mexicanos - available in spanish)
Date: 28 Aug 2009; view website » (view in NATLEX »)
- The Federal Labour Act [FLA], dated 2 December 1969 as last amended in January 2006
(Ley Federal del Trabajo - available in Spanish)
Date: 17 Jan 2006; view website » (view in NATLEX »)
Notification to the worker to be dismissed: written
- Art. 47 FLA: written notification with the effective date of the dismissal and the reasons for dismissal. If the worker refuses such notification, the employer shall inform the Board of Conciliation and Arbitration.
If the employer fails to observe this requirement, the dismissal can be considered unjustified.
- No statutory minimum notice period.
- tenure ≥ 6 months
- tenure ≥ 9 months
- tenure ≥ 2 years
- tenure ≥ 4 years
- tenure ≥ 5 years
- tenure ≥ 10 years
- tenure ≥ 20 years
Pay in lieu of notice: No
Notification to the public administration: No
- However, when the employee fails to accept the dismissal notification, the employer shall notify the Board of Conciliation and Arbitration (art. 47 FLA).
Notification to workers' representatives: No
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No