Article 49 of the Mexican Federal Labor Law
The employer will be exempted from the obligation to reinstate the worker by paying the indemnities set forth in Article 50 in the following cases:
Paragraph amended by the Decree by which various provisions of the Federal Labor Law and the Social Security Law are amended, added and repealed, regarding domestic workers, published in the Official Gazette of the Federation on July 2, 2019.
- In the case of workers with less than one year of seniority;
- If it proves before the Court that the worker, due to the work he/she performs or due to the characteristics of his/her work, is in direct and permanent contact with him/her and the Court deems, taking into consideration the circumstances of the case, that the normal development of the work relationship is not possible;Section amended by the Decree by which various provisions of the Federal Labor Law, the Organic Law of the Federal Judiciary, the Federal Law of the Public Defender’s Office, 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.
- In the cases of trust workers;
- In domestic work, and
Fraction IV amended by the Decree by which various provisions of the Federal Labor Law and the Social Security Law are amended, added and repealed, regarding domestic workers, published in the Official Gazette of the Federation on July 2, 2019.
- In the case of temporary workers.
In order to exercise this right the employer may go to the Court in the paraprocedural route contemplated in Article 982 of this Law to deposit the indemnity referred to in Article 50 of this Law. For such purpose, the employer shall provide the Court with the information related to the name and domicile of the employee, so that he/she may be notified of such paraproceeding, and must state under oath that in the case any of the hypotheses contemplated in this article is present. With the written statement and the breakdown of the amount of the indemnity, the Court shall send it to the employee for his knowledge.
Paragraph added by the Decree by which various provisions of the Federal Labor Law, the Organic Law of the Federal Judiciary, the Federal Law of the Public Defender’s Office, the Law of the National Workers’ Housing Fund Institute and the Social Security Law are amended, added and repealed, in matters of Labor Justice, Union Freedom and Collective Bargaining, published in the Official Gazette of the Federation on May 1, 2019.
If the worker does not agree with the origin or the terms of the indemnity, the worker shall have his rights to sue through the jurisdictional channel the corresponding action; in the event that in the trial it is resolved that the worker is not in any of the hypotheses of this article, the deposit of the indemnity shall not have any effect and the Court shall dispose of the money deposited to execute its sentence. If in such judgment the Court resolves that any of the hypotheses contemplated in this article is met, but the amount deposited is insufficient to pay the indemnity, the Court will order the employer to pay the corresponding differences and interest.
Paragraph added by the Decree by which various provisions of the Federal Labor Law, the Organic Law of the Federal Judiciary, the Federal Law of the Public Defender’s Office, the Law of the National Workers’ Housing Fund Institute and the Social Security Law are amended, added and repealed, in matters of Labor Justice, Union Freedom and Collective Bargaining, published in the Official Gazette of the Federation on May 1, 2019.