On September 22, 2023, the Jurisprudence thesis “Resignation in accordance with the principle of primacy of reality” was published in the Judicial Journey of the Federation, with registration number 2027272, issued by the Collegiate Circuit Courts (the Jurisprudence).

The Collegiate Circuit Court that resolve the matter determined that, in accordance with the principle of primacy of reality, labor courts shall analyze the veracity of the worker’s resignation, taking into account the particular characteristics of the case and the personal conditions of the latter, such as seniority, position, age, preparation, financial solvency and settlement payment. Therefore, labor courts shall issue their judgment based on known truth and good faith.

It is very important that employers, before making use of a resignation, are sure that it took place due to a real and legitimate conviction of the person signing it. It is not enough to have it and submit it, since with the Jurisprudence and under the principle of primacy of reality, the resignations that employers submit to the competent authority will be evaluated in greater detail.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. In case you require additional information or a legal analysis, please do not hesitate to contact us. We will be glad to provide the personalized legal advice that you require.