international employment law firm alliance L&E Global

Mexican Supreme Court Establishes New Dispositions Regarding Pregnant Women

According to the recent case law provided by the Mexican Supreme Court, the resignation of a pregnant woman, who suddenly resigns must be recorded in an indubitable manner, and for that waiver to be probative, it must contain the reasons and particular circumstances of that decision, in order to establish that it was the univocal and free decision of the employee.

It is important to note that the Supreme Court declared that a pregnant woman will not resign her job during her pregnancy, because her and the newborn would be unprepared when it comes to a medical emergency. When it comes to the unilateral decision to terminate an employment relationship by the pregnant woman, there needs to be infallible proof and the resignation must contain the reasons, motives and circumstances of such decision, which must prove the unique and free will of the employee.

In case the employer provides the Labour Court with a simple resignation signed by the employee when she is pregnant, with no reason or circumstances of such decision, the resignation letter will not have any legal validity and will not be considered as proof.