Article 48 of the Mexican Federal Labor Law
The worker may request before the Conciliating Authority, or before the Court if there is no conciliatory settlement, that he be reinstated in the job he was performing, or that he be compensated with the amount of three months’ salary, at the rate corresponding to the date on which the payment is made, previously observing the provisions relating to the conciliation procedure set forth in Article 684-A and subsequent articles.
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.
If in the corresponding lawsuit the employer does not prove the cause of the termination, the worker will also have the right, regardless of the action attempted, to be paid the wages due computed from the date of dismissal for up to a maximum period of twelve months, in terms of the provisions of the last part of the preceding paragraph.
If at the end of the term indicated in the preceding paragraph the proceeding has not been concluded or the judgment has not been complied with, the worker will also be paid the interest generated on the amount of fifteen months’ salary, at the rate of two percent per month, capitalizable at the time of payment. The provisions of this paragraph shall not be applicable for the payment of other types of indemnities or benefits.
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.
In case of death of the worker, the wages due as part of the conflict will cease to be computed, as of the date of death.
Lawyers, litigants or representatives who promote actions, exceptions, incidents, proceedings, offering of evidence, appeals and, in general, any action in a notoriously improper manner, with the purpose of prolonging, delaying or hindering the substantiation or resolution of a labor lawsuit, will be fined from 100 to 1000 times the Unit of Measurement and Actualization.
Paragraph amended by the Decree by which 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 are amended, in matters of Labor Justice, Union Freedom and Collective Bargaining, published in the Official Gazette of the Federation on May 1, 2019.
If the delay is the product of omissions or irregular conduct of public servants, the applicable sanction will be the suspension for up to ninety days without payment of salary and in case of recidivism the removal from office, under the terms of the applicable provisions. In addition, in the latter case, the Public Prosecutor’s Office will be notified in order to investigate the possible commission of crimes against the administration of justice.
Public servants of the Federal Center for Labor Conciliation and Registration when they delay, obstruct or influence the procedure of union registrations and collective bargaining agreements and internal work regulations in favor or against one of the parties, as well as in the granting of the certificate of representativeness without just cause, will be fined from 100 to 1000 times the Unit of Measurement and Actualization. With regard to public servants of the local Conciliation Centers, they will be sanctioned in the same terms, when in the performance of their conciliatory function they incur in these conducts.
Paragraph added 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.
Article amended by the Decree amending, adding and repealing several provisions of the Federal Labor Law, published in the Official Gazette of the Federation on November 30, 2012.