Mexico: Termination of employment

Original and updating authors: Mónica Schiaffino and Estefania Rueda Garcia, Littler

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Summary

• Employment contracts may be terminated in various ways and there are no statutory minimum notice periods for termination of contract either by employer or employee. (See General)
• Employers must terminate the employment contract only for a specified "just cause". (See Dismissal with just cause)
• If an employer terminates the contract of employment without just cause, the employee is entitled to receive a severance payment from the employer. (See Dismissal without just cause)
• A dismissed employee who disputes the existence of a just cause can bring a claim to the relevant Labour Court prior to exhausting the mandatory conciliation at the relevant Centre for Labour Conciliation, unless the employee suffered sexual harassment, discrimination or any other acts of violence at work. (See Contesting dismissals)
• An employee may terminate the employment contract with just cause because of certain specified types of behaviour by the employer. (See Termination by employee with just cause)
• There are permitted legal grounds for making collective redundancies. (See Collective redundancies)