Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 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 »)
Compensation for unfair dismissal - free determination by court: No
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Art. 50 FLA. Compensation for unfair dismissal consists of the following:
- if the employment relationship is for a specified period of less than one year, an amount equal to the total amount of remuneration payable for one-half of the entire period of employment; if the employment relationship lasted for more than one year, six months' wages for the first year of service plus 20 days' wages for each additional year of service;
- if the employment relationship is for an unspecified period the compensation consists of 20 days' wages for each year of service
- in addition to the compensation referred to in the preceding clause, three months' wages plus the entire remuneration payable in respect of the period from the date of dismissal to the date on which the compensation is paid.
Reinstatement available: Yes
- Art. 48 FLA: The worker may apply to a Conciliation and Arbitration Board for reinstatement in the post occupied or for compensation in the form of three months¿ wages, at his or her choice.
Under art. 49 of the FLA, the employer may, in the following cases, be released from the obligation to reinstate the worker by paying the compensation referred to in art. 50:
in the case of workers who have been employed for less than one year in the undertaking;
if sufficient evidence is furnished to the satisfaction of the Conciliation and Arbitration Board that the worker on account of the work performed or the nature of the work is in direct and permanent contact with the employer and the Board is of the opinion, taking into consideration all the circumstances of the case, that continuation of the work is impossible;
in the case of employees in a position of trust;
in domestic service; and
in the case of casual workers.
Preliminary mandatory conciliation: No
Competent court(s) / tribunal(s): labour court
- Art. 123 (A)( XX)of the Mexican Constitution, 58 FLA.
In Mexico, employment disputes are heard by the Conciliation and Arbitration Board (Junta de Conciliación y Arbitraje). They can be heard by the Federal or Local board according to distribution of competencies (Art. 621 FLA).
This is a tripartite body that exercises jurisdictional functions. See art. 605ff for composition and structural organization. Note that this was modified in November 2012.
Existing arbitration: No