Background on the Supreme Court of Justice of the Nation (SCJN) and its Relevance
The Supreme Court of Justice of the Nation (SCJN) is Mexico’s highest court responsible for interpreting the Constitution and resolving disputes regarding federal laws. Its decisions significantly impact labor relations, including employment termination regulations.
The Controversial Project Under Discussion
On Thursday, the SCJN will discuss a proposed resolution that has raised concerns within the labor sector due to its potential regressive implications on workers’ rights related to unjustified dismissals. The project, drafted by Minister Irving Espinosa Betanzo, aims to establish the starting point for calculating the prescription period for filing a lawsuit over unjustified termination.
Key Points of the Proposed Resolution
- The project focuses on interpreting Article 125 of the Federal Labor Law, which grants workers two months to take legal action following employment termination.
- Reforms in 2012 and 2019 strengthened legal certainty by mandating that the two-month period only begins once a worker receives formal notification of termination, which must be well-founded and motivated by the employer.
- The proposed project suggests that in cases of material separation without formal notification, the prescription period would start the day after such a fact occurred.
Experts’ Concerns and Potential Impact
Legal experts, including labor lawyer Alejandro Avilés, have expressed concerns about the project’s implications:
- The proposal directly contradicts the principles that inspired recent labor reform and the new justice system, weakening employer responsibility and shifting the legal risk towards workers.
- Allowing prescription to run without formal notification undermines the logic of employer responsibility and erodes the protective function of termination notices as a tool for legal certainty.
- Workers might lose their right to take action without knowing the official reasons for their dismissal or having minimal elements to structure a defense.
Current Legal Framework and Proposed Changes
Under the existing rules, employers were obligated to follow a formal process: founding and motivating termination. Failure to do so had significant legal consequences, including the presumption of unjustified dismissal.
The proposed project alters this balance by validating that prescription can begin based on a material fact, regardless of employer noncompliance. This could encourage opaque practices and discourage formal communication.
The debate occurs at a critical time for the new labor justice model, emphasizing mandatory conciliation and efficient solutions. If prescription starts solely based on material separation, the structural asymmetry between workers and employers may deepen, particularly in sectors with high informality and contractual precarity.
Key Questions and Answers
- What is the main issue being discussed by the SCJN? The court is examining a proposed resolution that could weaken workers’ rights related to unjustified dismissals by altering the prescription period calculation.
- Who drafted the controversial project? Minister Irving Espinosa Betanzo of the SCJN.
- What are experts’ primary concerns about the project? Experts worry that the proposal undermines employer responsibility, shifts legal risk to workers, and contradicts the principles of recent labor reform.
- How might this project impact the current legal framework? The proposed changes could encourage opaque practices, discourage formal communication, and deepen the structural asymmetry between workers and employers.
