RESCISIÓN DE CONTRATO LABORAL POR UN TRABAJADOR

Summary

In this video, Sergio Castillo, a labor lawyer from Monterrey, explains the process and requirements for workers to legally rescind their employment contract in Mexico. He highlights the importance of proving the reasons for rescission, such as salary reduction, mistreatment, or harassment, using tools like video recordings and testimonies. Castillo also emphasizes the legal framework provided by the Federal Labor Law and the Supreme Court, advising workers on how to prepare evidence, present their case in court, and navigate the legal steps involved in a rescission claim. The video aims to educate workers about their rights and the necessary steps to protect them.

Takeaways

• 😀 The podcast of Lic. Sergio Castillo is available on Apple and Spotify.
• 😀 The script addresses the topic of workers' rights regarding the termination of their employment contracts.
• 😀 A 'rescission' of a work contract refers to the termination of the employment contract before its designated end date or during an indefinite period.
• 😀 According to Mexican labor law, employees have 30 days to separate from their employment after a valid reason for rescinding the contract, as specified in Article 51 of the Federal Labor Law.
• 😀 Examples of valid causes for rescission include salary retention, salary reduction, mistreatment, threats, harassment (both labor and sexual), and other forms of abuse.
• 😀 Employers often use administrative acts when taking action to rescind a worker's contract, and it’s essential to understand how to defend against these actions.
• 😀 Workers must gather sufficient evidence to support their claim for rescission, as the burden of proof lies on them in labor court.
• 😀 Irrevocable rights, such as vacation time, Christmas bonuses, and overtime, cannot be waived, even if the worker loses their case in court.
• 😀 Workers need to provide physical evidence, such as video recordings or witness testimonies, to substantiate their claims of mistreatment or other violations.
• 😀 The worker can use their smartphone's video recording function as a valuable tool to record mistreatment or violations. If this is presented as evidence, the phone, along with accessories like a charger, must be made available during the court process.
• 😀 If an employee’s salary is reduced or retained without proper justification, they can present their pay slips as evidence, which can serve as a basis for rescinding the contract.

Q & A

What is the definition of a 'rescission of contract' in labor law?

A rescission of contract refers to the interruption or termination of an employment contract before its agreed-upon end date. In the case of an indefinite-term contract, it will be terminated before the set end date.

How many days does a worker have to separate from their job after deciding to rescind their contract?

According to the Federal Labor Law and the Supreme Court of Justice, workers have 30 days to separate from their job once any of the causes outlined in Article 51 of the Federal Labor Law occur.

What are some of the reasons a worker can rescind their contract?

A worker can rescind their contract if they experience issues such as salary retention or reduction, poor treatment by the employer, threats, workplace harassment, or sexual harassment.

What are 'irrevocable rights' and why are they important in a rescission of contract?

Irrevocable rights are employment rights that cannot be waived, even if the worker loses a case or legal proceedings. These include vacation time, vacation bonuses, Christmas bonuses, and any other amounts already earned or pending, such as overtime.

What role do administrative records play in a rescission of contract initiated by the employer?

Employers often use administrative records (or written warnings) when they want to terminate an employee's contract. These records serve as documentation of the worker's behavior or performance issues, potentially justifying the rescission.

What evidence does a worker need to present in a case of rescinding their contract?

To successfully rescind a contract, a worker must have sufficient evidence to justify their decision. This includes physical evidence, such as video recordings of harassment or threats, witness testimony, medical reports in cases of physical abuse, and pay stubs showing salary reductions or retention.

How can workers use their mobile phones to help prove their case for rescinding their contract?

Workers can use their mobile phones to record incidents of harassment, threats, or other causes for rescinding their contract. These recordings can serve as crucial evidence in legal proceedings.

What should a worker do if they have evidence on their mobile phone but don't have a computer to present it?

If the worker has evidence on their mobile phone, they should present the phone along with the charger during the hearing. This ensures that the video or recording can be played and reviewed in court.

What is the role of a conciliatory hearing in the rescission process?

In most cases, the worker must go to the Conciliation Center to request a summons for a conciliatory hearing. During this hearing, the employer and worker attempt to resolve the issue before it goes to court. Failure of the employer to attend can result in a fine.

How does a worker prove salary retention or reduction in a rescission case?

A worker can prove salary retention or reduction by presenting pay stubs that show the discrepancies in their wages. These pay stubs serve as physical evidence of the employer's actions in reducing or withholding the worker's salary.