VAZAL archive · Originally published in 2024. This is an English translation of the content as published at that time.
Following recent criteria adopted by Labor Courts and Collegiate Courts regarding disputes arising from workers' allegations of dismissal, defending employers in labor proceedings has become more complex. Companies must therefore revise their employee departure procedures and make them considerably more thorough.
Today, a resignation letter can no longer be treated simply as a form to be printed and signed by the worker. Including their fingerprints is also insufficient.
Following the principle of the primacy of reality, courts require a worker's resignation to be authentic, spontaneous and voluntary for it to serve as a valid defense.
At Vazal Corporativo Jurídico, our experience applying current court criteria allows us to offer the following recommendations to help Human Resources staff conduct employee departure processes safely:
Recommendations for a Sound Employee Departure Process
1. Authentic Preparation: Make sure the worker writes their own resignation letter, expressing their decision clearly and unambiguously.
2. Signature and Fingerprints: Although they are not an absolute guarantee, including the worker's signature and fingerprints remains a recommended practice.
3. Witnesses: Consider having witnesses present when the document is signed to reinforce its authenticity.
4. Video Recording: Recording the resignation process on video may provide additional evidence that the act was voluntary and authentic.
5. Ongoing Legal Advice: Maintain an ongoing relationship with specialized legal advisers, such as those at Vazal Corporativo Jurídico, to ensure employee departure procedures comply with the latest legal criteria.
Suggested Content of a Resignation Letter
- Place and date of resignation
- Addressed to the company employing the worker
- Company address
- Employment conditions (position, start date, salary and working hours meeting statutory minimum requirements)
- Reason for resignation
- Request for payment of the final settlement
- Name and signature
Suggestions for Signing the Final Settlement Receipt
- The worker should sign and state that they accept the settlement. Suggested wording: "I agree with the breakdown of this final settlement and receive it in cash as full payment under the agreement".
- If payment is by check: "I receive original check number **** as full payment under the agreement"; even on the copy of the check, include: "I receive the original check as payment under the agreement".
- If payment is by bank transfer: "I received a bank transfer for the amount stated in this agreement".
The Importance of a Valid Resignation
The Supreme Court of Justice of the Nation has established clear criteria for assessing employee resignations to ensure their validity. It is essential that resignations be issued independently and voluntarily, without coercion. Courts seek to ensure that the document reflects the worker's true intention.
In a recent ruling (Digital record: 2026355, Judicial thesis: 2a./J. 14/2023 (11a.)), it was held that:
- A resignation letter must be assessed within a broad context, considering all available evidence to determine its authenticity.
- Courts may remedy deficiencies in a worker's claims to introduce all necessary issues in the proceedings.
- A resignation has evidentiary value if it is shown to have been issued independently and unilaterally by the worker.
These guidelines ensure that employee resignations are handled with the care necessary to protect workers' rights.
For further information and advice on efficient and legally sound employee departure procedures, please contact *Vazal Corporativo Jurídico.
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