The Judicial Power reinforces the protection of female employees against the use of a letter of resignation

Article

The Judicial Power reinforces the protection of female employees against the use of a letter of resignation

January 21, 2022
Francisco Trejo Gutiérrez

In accordance with Case Laws 2nd./J.96/2019 (10th) and 2nd./J. 66/2017 (10th), with titles and subtitles: “PREGNANT EMPLOYEE. IF THE EMPLOYER EXCEPTS HIMSELF ON THE ARGUMENT THAT THE PLAINTIFF RESIGNED AND SHOWS THAT AT THE TIME THE EMPLOYMENT LINK TERMINATED, THE EMPLOYER WAS PREGNANT, THE RESIGNATION WRITTEN ALONE IS INSUFFICIENT TO DEMONSTRATE THAT SUCH RESIGNATION WAS FREE AND EXPONTANEOUS” and “JOB OFFER. EVEN WHEN IT IS CONSIDERED IN GOOD FAITH, IT SHOULD NOT BE TAKEN INTO ACCOUNT FOR THE DISTRIBUTION OF THE EVIDENCE BURDEN, AS IT CONSTITUTES AN ISSUE THAT FORCES TO JUDGE WITH A GENDER PERSPECTIVE”, respectively, it is noted that when the plaintiff belongs to a suspicious category or vulnerable group, such as being pregnant, the employer’s evidentiary standard should be raised, requiring more evidence than mere resignation, since it is considered implausible, or not very credible, that a pregnant woman decides to end the employment relationship and the prerogatives derived from it, when due to her state of vulnerability she requires them the most. Therefore, employers shall take the above into account in the event that the employment relationship of a employee who is within the group of people considered vulnerable is terminated.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. Please do not hesitate to contact us, we will be glad to provide the personalized legal advice that you require, including advices related to all the elements around the termination of an employment relationship.