In September 2016, there used to be a significant shift within the Mexican Preferrred Courtroom’s method to damages, the place the absolute best courtroom 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 must now not best be involved of compliance with the Federal Hard work Regulation (FLL), but in addition take into accout 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 staff only through paying their social safety contributions for exertions hazards or injuries or through paying their severance responsibilities. The courts have sustained that along with labor-related court cases, the ones claims addressing private harm or ache and struggling within the administrative center, which would possibly come with wrongful termination, also are topic to tort movements filed with civil courts. It can be price 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 topic to a financial threshold. As well as, courts have additionally dominated that during sure instances associated with tort claims, particularly filed in opposition to an employer for private harm 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 means 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 rules addressing each bodily and psychological stipulations on the administrative center. The wording utilized in employment termination and agreement agreements must even be revised to attenuate the corporate’s publicity to the aforementioned claims.
In sum, staff would possibly now declare damages for private accidents, ache and struggling, and maybe even wrongful termination, now not best within the Mexican exertions courts, but in addition in civil courts by the use of tort claims. As well as, the therapies to be had to staff don’t seem to be best direct damages, but in addition punitive damages.
Due to this fact, bearing in mind 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 workers, former staff, and even guests to an organization’s premises, firms must revisit the desire of manufacturing laborious non-challengeable proof in their compliance with the acceptable regulations and requirements so as to mitigate their publicity to tort and punitive injury claims for failure to abide with similar.