Article 47 of the Mexican Federal Labor Law

Article 47 of the Mexican Federal Labor Law

The following are causes for termination of the employment relationship, without liability for the employer:

1. Deceiving the worker or, as the case may be, the union that had proposed or recommended him/her with false certificates or references in which capacity, aptitudes or faculties that he/she lacks are attributed to the worker. This cause for termination shall cease to have effect after thirty days of rendering services to the employee;
2. Incurring the employee, during his work, in lack of probity or honesty, in acts of violence, threats, insults or bad treatment against the employer, his family members or the management or administrative personnel of the company or establishment, or against clients and suppliers of the employer, except when provoked or when acting in self-defense;
   Section amended by the Decree by which various provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation on November 30, 2012.
3. The employee commits any of the acts listed in the preceding section against any of his co-workers, if as a consequence of such acts the discipline of the place where the work is performed is altered;
4. Committing by the employee, outside the service, against the employer, his family members or administrative management personnel, any of the acts referred to in Section II, if they are so serious that they make it impossible to comply with the work relationship;
5. Intentionally causing material damages to buildings, works, machinery, instruments, raw materials and other objects related to the work, during the performance of the work or in connection therewith;
6. Causing the worker the damages referred to in the preceding fraction, provided that they are serious, without malice, but with such negligence that it is the sole cause of the damage;
7. To compromise the worker, by his imprudence or inexcusable carelessness, the safety of the establishment or of the persons who are in it;
8. The employee commits immoral acts or acts of harassment and/or sexual harassment against any person in the establishment or workplace;
   Fraction amended by the Decree by which various provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation of November 30, 2012.
9. Revealing trade secrets or disclosing matters of a reserved nature, to the detriment of the company;
10. Having the worker more than three absences of attendance in a period of thirty days, without permission of the employer or without justified cause;
11. The employee disobeys the employer or his representatives, without just cause, as long as the work is contracted;
12. Refusal of the employee to adopt the preventive measures or to follow the procedures indicated to avoid accidents or illnesses;
13. Attending work in a state of drunkenness or under the influence of any narcotic or enervating drug, unless, in the latter case, there is a medical prescription. Before starting his service, the employee must inform the employer of the fact and present the prescription signed by the doctor;
14. The enforceable sentence that imposes a prison sentence on the worker, which prevents him/her from fulfilling the work relationship;Section amended by the Decree by which several provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation on November 30, 2012.
    1. 14 Bis. The lack of documents required by the laws and regulations, necessary for the rendering of the service when it is attributable to the employee and exceeds the period referred to in section IV of article 43; and
       Fraction added by the Decree by which various provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation of November 30, 2012.
15. Those analogous to those established in the previous fractions, equally serious and of similar consequences as far as labor is concerned.
    The employer who dismisses an employee must give him/her written notice in which he/she clearly states the conduct or conducts that motivate the termination and the date or dates on which they were committed.Amended paragraphThe notice must be delivered personally to the employee at the moment of dismissal or, alternatively, it must be communicated to the competent Court within the following five working days, in which case the last registered address of the employee must be provided so that the authority may notify the employee personally.Paragraph amended by the Decree amending, adding and repealing various provisions of the Federal Labor Law, the Organic Law of the Federal Judiciary, the Federal Public Defender’s Office Law, the Law of the National Workers’ Housing Fund Institute and the Social Security Law, in matters of Labor Justice, Union Freedom and Collective Bargaining, published in the Official Gazette of the Federation on May 1, 2019.The statute of limitations to exercise the actions derived from the dismissal will not begin to run until the worker personally receives the notice of termination.
    Amended paragraphThe lack of notice to the worker personally or through the Court, by itself, will presume the unjustified separation unless there is evidence to the contrary that proves that the dismissal was justified.

Paragraph amended by the Decree amending, adding and repealing various provisions of the Federal Labor Law, the Organic Law of the Federal Judiciary, the Federal Public Defender’s Office Law, the Law of the National Workers’ Housing Fund Institute and the Social Security Law, in matters of Labor Justice, Union Freedom and Collective Bargaining, published in the Official Gazette of the Federation on May 1, 2019.