In September 2016, there used to be a significant shift within the Mexican Superb Courtroom’s option to damages, the place the best court docket within the nation dominated at the legality of punitive damages. In April 2020, federal courts made pivotal adjustments in litigation, the place firms doing industry in Mexico will have to now not simplest be involved of compliance with the Federal Exertions Regulation (FLL), but in addition take note of tort claims.
In contemporary precedents (Would possibly-June 2022), Mexican federal courts have showed that businesses don’t seem to be launched from legal responsibility vis-a-vis its workers only through paying their social safety contributions for hard work hazards or injuries or through paying their severance duties. The courts have sustained that along with labor-related lawsuits, the ones claims addressing private damage or ache and struggling within the office, which would possibly come with wrongful termination, also are matter to tort movements filed with civil courts. It can be value noting that, versus the parameters set forth underneath the FLL the place the employer’s legal responsibility is capped, torts don’t seem to be matter to a financial threshold. As well as, courts have additionally dominated that during positive instances associated with tort claims, particularly filed in opposition to an employer for private damage or ache and struggling, the weight of evidence would possibly shift from the claimant (i.e., the worker), to the defendant (i.e., the corporate).
This new way undertaken through the Mexican federal courts underscores the significance of our prior suggestions consisting in correctly documenting and keeping up enough proof of compliance with well being and protection laws addressing each bodily and psychological prerequisites on the office. The wording utilized in employment termination and agreement agreements will have to even be revised to reduce the corporate’s publicity to the aforementioned claims.
In sum, workers would possibly now declare damages for private accidents, ache and struggling, and even perhaps wrongful termination, now not simplest within the Mexican hard work courts, but in addition in civil courts by the use of tort claims. As well as, the therapies to be had to workers don’t seem to be simplest direct damages, but in addition punitive damages.
Due to this fact, taking into consideration the significance of work linked well being and protection requirements, each psychological (NOM-35) and bodily (FLL), in addition to the transparent dissection of therapies for staff, former workers, and even guests to an organization’s premises, firms will have to revisit the will of manufacturing arduous non-challengeable proof in their compliance with the appropriate rules and requirements so as to mitigate their publicity to tort and punitive injury claims for failure to abide with identical.