Justified Dismissal Letter Mexico (Carta de Rescisión Justificada)

A Justified Dismissal Letter Mexico (Carta de Rescisión Justificada) is the formal written notification through which a Mexican employer (patrón) communicates to an employee (trabajador) the termination of their employment relationship based on one or more of the causes established in Article 47 of the Ley Federal del Trabajo (LFT), without incurring the obligation to pay the constitutional indemnity (indemnización constitucional) of three months' salary and 20 days per year of service that applies to unjustified dismissal under Article 50 LFT. The carta de rescisión is one of the most procedurally demanding documents in Mexican labour law — failure to comply with its strict form and content requirements results in automatic reclassification of the termination as unjustified (rescisión injustificada), exposing the employer to full liquidación liability.

Article 47 of the Ley Federal del Trabajo establishes fifteen specific causes (causales) for which an employer may terminate an employment relationship without liability, including: deception by the worker regarding credentials, abilities, or references during hiring (Fraction I); negligence causing material damage to the employer's premises or equipment (Fraction II); wilful misconduct causing economic harm to the employer (Fraction II); engaging in violence or fighting at the workplace (Fraction III); serious disrespect to the employer, their family, or supervisors (Fraction V); causing intentional harm to co-workers during work (Fraction VI); compromising workplace safety through negligence (Fraction VII); repeated unjustified absences — three or more in a 30-day period under Fraction X, or absence on two consecutive days before a rest day under Fraction XI; insubordination without just cause (Fraction VIII); disclosure of manufacturing secrets or confidential information to competitors (Fraction IX); failure to adopt required safety measures (Fraction XII); reporting to work under the influence of alcohol or drugs (Fraction XIII); and other analogous serious causes (Fraction XV).

The mandatory procedural requirements under Article 47 LFT are strict and frequently contested in labour proceedings. The employer must: give the worker written notice (notificación escrita) of the precise date and cause of termination, specifying the specific acts, facts, or omissions (actos, hechos u omisiones) that constitute the cause; simultaneously or within five business days of the dismissal, notify the Centro Federal de Conciliación y Registro Laboral (CFCRL) or the corresponding state conciliation centre; and serve the notification on the worker personally or through the CFCRL if the worker refuses to receive it or cannot be located. Failure to notify the CFCRL within the five-day period converts the justified termination into an unjustified one by operation of law under the 2019 labour reform amendments to Article 47 LFT.

The Suprema Corte de Justicia de la Nación (SCJN) and the Tribunales Colegiados de Circuito have established extensive jurisprudencia on the carta de rescisión requirements. Courts consistently invalidate dismissal letters that: use generic or vague language (e.g., 'repeated insubordination' without specifying the dates, orders given, and the worker's refusal); list multiple causes without specifying the facts supporting each one; allege causes that occurred outside the prescription period; or fail to identify the specific acts, dates, and witnesses. The burden of proof (carga de la prueba) in labour proceedings under Article 784 LFT falls on the employer to prove the cause of termination — the carta de rescisión is the primary evidence document, and its deficiencies cannot be cured by introducing additional evidence of different facts after the fact.

The 2019 reforma laboral (Decreto published in the DOF on 1 May 2019) significantly changed the procedural framework by creating the mandatory pre-litigation conciliation stage before the CFCRL. Any labour claim arising from a justified dismissal — including a worker's challenge to the stated cause — must be submitted to mandatory conciliation at the CFCRL before proceeding to the Tribunales Laborales. The CFCRL conciliation attempt must be completed (or a certificate of failed conciliation issued) before the Tribunal Laboral accepts the claim.

A Justified Dismissal Letter Mexico is required whenever a Mexican employer terminates an employee under one of the specific causes established in Article 47 of the Ley Federal del Trabajo and wishes to avoid paying the constitutional indemnity and seniority-based compensation owed under Article 50 LFT for unjustified dismissal.

The Carta de Rescisión Justificada is needed when the employer has documented evidence — supported by written warnings (cartas de advertencia), incident reports, investigation records, or witness statements — establishing that the worker has committed one of the Article 47 LFT causes and the employer has not condoned the misconduct by continuing the employment relationship beyond the prescription period. Article 47 Last Paragraph LFT establishes a strict prescription period: the employer's right to terminate based on a specific cause prescribes after 30 days from the date the employer became aware of the cause (or from the date of the act). Claims of termination based on causes older than 30 days are rejected by the Tribunales Laborales as time-barred.

The letter is needed when an employee has repeatedly missed work without authorisation or justification — three or more absences in a 30-day period under Article 47 Fraction X LFT, or two consecutive absences on the days before or after a mandatory rest day — and prior written warnings have been issued and documented. Courts require a progressive discipline trail (historial de amonestaciones) before accepting repeated-absence terminations as justified.

The Carta de Rescisión Justificada is also required when an employee has committed workplace violence, theft, fraud, or disclosure of trade secrets — all causes listed in Article 47 LFT Fractions II through IX — where the severity of the single act justifies immediate termination without progressive discipline. Even for these serious single-act causes, the employer must document the investigation process and base the carta de rescisión on specific acts with specific dates.

The document is required in the context of federal and state government inspections (inspecciones de la STPS): labour inspectors reviewing the employer's files for terminated workers expect to find signed cartas de rescisión, CFCRL notification receipts, and documentation of the underlying cause. Employers who cannot produce these documents face presumptions that terminations were unjustified under Article 784 LFT, which shifts the burden of proof entirely onto the employer.

A valid Justified Dismissal Letter Mexico under Ley Federal del Trabajo Article 47 must contain the following elements to withstand challenge before the CFCRL and the Tribunales Laborales.

Identification of the Parties: Full legal name, RFC (Registro Federal de Contribuyentes), and domicilio fiscal of the employer (patrón), plus the name, CURP (Clave Única de Registro de Población), RFC, and NSS (Número de Seguridad Social) of the employee (trabajador). The position (puesto) held by the worker and the commencement date of the employment relationship must be stated, as these affect the calculation of seniority (antigüedad) for any benefits owed.

Exact Date of Termination: The precise date on which the employment relationship is rescinded. This date must be within the 30-day prescription period counted from the date the employer became aware of the cause, under Article 47 Last Paragraph LFT. The termination is effective on the date stated — not on the date the carta de rescisión is delivered, unless those dates coincide.

Specific Legal Cause Under Article 47 LFT: The exact fraction (fracción) of Article 47 LFT under which the termination is based, quoted verbatim or referenced precisely. Generic language such as 'serious misconduct' or 'breach of obligations' is insufficient — courts require identification of the specific statutory cause.

Detailed Statement of Facts: A factual narration (relación de hechos) describing, with specificity: the exact acts, omissions, or conduct (actos, hechos u omisiones) constituting the cause; the specific dates and times when each act occurred; the persons involved; the location (within the workplace or during work hours); and the harm caused or risk created. The statement of facts is the most critical section of the carta de rescisión — it must be sufficiently detailed to allow the employer to prove each element in subsequent labour proceedings.

Reference to Prior Warnings Where Applicable: For repeated or accumulated causes — such as repeated absences, repeated insubordination, or repeated neglect — the carta de rescisión must reference the prior written warnings (cartas de advertencia) or amonestaciones issued to the worker, stating the dates on which each prior warning was delivered and acknowledged. This creates the progressive discipline record (historial disciplinario) that courts require for accumulated-cause terminations.

Condonation Disclaimer: An express statement that the employer became aware of the cause on a specified date and has not condoned (no ha condonado) or tolerated the conduct. Continued employment after the employer became aware of the cause — even for a few days beyond the prescription period — constitutes implied condonation (condonación tácita) under Article 47 Last Paragraph LFT and invalidates the just cause.

Settlement of Final Accrued Benefits (Finiquito): Confirmation that the employer will pay the finiquito (accrued but unpaid benefits as of the termination date) — proportional aguinaldo under Article 87 LFT, proportional vacation days not taken under Article 76 LFT, prima vacacional on pending vacation under Article 80 LFT, and any other accrued wages. Even in a justified dismissal, the finiquito remains due. The carta de rescisión should specify the process for settling the finiquito, typically at the CFCRL or at the employer's HR office on a stated date.

CFCRL Notification Obligation: A statement that the employer will simultaneously notify the Centro Federal de Conciliación y Registro Laboral (CFCRL) or the corresponding state conciliation centre of the termination, as required by Article 47 LFT (2019 reform). This notification must be made within five business days of the dismissal to preserve the justified cause — failure to notify within this period converts the termination into an unjustified dismissal by operation of law.

Service and Acknowledgment of Receipt: A section for the worker to acknowledge receipt of the carta de rescisión with their signature, date, and the time of delivery. Where the worker refuses to sign, the employer should have two witnesses (testigos) sign to certify delivery, and promptly notify the CFCRL for official service. Refusal to receive the carta de rescisión does not invalidate the termination if the CFCRL notification is made within the five-day period.

Forms-legal.com provides this Justified Dismissal Letter Mexico template as a practical starting point. Every rescisión justificada involves significant legal risk — the carta de rescisión and the underlying documentation must be reviewed by a licenciado en derecho laboral before delivery to confirm the cause is legally defensible and the procedure is correctly followed.