During 2022, 90% of laid-off workers (more than 2 million) lost their jobs due to alleged contract termination or downsizing, but only 39% of these received the compensation that corresponds to them by law, according to data from the National Occupation and Employment Survey (ENOE) of the Inegi.
According to these statistics, the most used reasons for dismissing personnel in Mexico last year were:
- The job for which the worker was called or hired ended
- Downsizing
- The source of employment closed or went bankrupt
- Job source moved elsewhere
However, none of these causes is justified in the Federal Labor Law to dismiss someoneindicated the worker defense portal, “Licenciado Chambeador”.
“Whether due to ignorance, intimidation by employers or lack of access to legal advicethe majority of Mexicans who find themselves in this situation do not receive the compensation for unfair dismissal that would correspond to them by law,” added the platform.
The liquidation is an indemnity that the employer grants to the worker when the employment relationship ends for reasons beyond the control of the latter. The most common reasons are due to the closure of the company, staff cuts or if the position you occupy disappears, apart from an unfair dismissal.
You should consider that it includes the following in compensation:
- 3 months salary
- Seniority bonus (12 days for each year worked)
- Past due wages, if the dismissal was unjustified with a limit of 12 months from the notice of dismissal
- 20 days of salary per year worked, also applies if there is unfair dismissal and reinstatement must be requested before the Conciliation and Arbitration Board, as well as receiving the refusal of the company
However, in most unfair dismissals, these are consumed without the corresponding compensation, and the dismissed worker is left in a vulnerable and precarious positiona, leaving him with no room for action to search for his next job and with a high probability of falling into risk of social exclusion.
“If their labor rights are not respected, every worker is entitled to compensation,” said Edgar Castañeda, director of Licenciado Chambeador.
He added that today there is a new judicial process that allows workers to obtain justice much faster and with a higher success rate.”
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