Hi everyone!
This is Augusto from TCF Mexico.
Today we are talking about the implications of hiring personnel without a clear, written, employment agreement in place this may have any effect in the event of litigation.
In case of a claim, due to the protectionism of the Labour Law in Mexico, the employer always carries the burden of the proof regarding work conditions, so it is recommended to have clear employment agreements for the employees in order to have the best evidence in case of litigation.
Below are the documents in which the work conditions must be stated is the individual employment agreement. Therefore, one of the most important documents for the employment is the agreement in which the work conditions are stated. In any case, the employers must prove, in the event of a trial, the following:
- date of contracting;
- seniority;
- absences;
- causes of termination of the labour relationship;
- termination of the employment contract executed to perform a specific work or for a specific period of time;
- furnishing the employee with a written notice of dismissal;
- employment contract;
- duration of labour shift;
- payment of weekly days off and holidays;
- enjoyment and payment of vacation;
- payment of Sunday, seniority and vacation premiums;
- amount and payment of salaries;
- payment of profit sharing; and
- Registration and payment of quotas to the National Housing Fund.
