Temporary Suspension Notice Mexico (Carta de Suspensión Temporal de la Relación Laboral)

A Temporary Suspension Notice Mexico (Carta de Suspensión Temporal de la Relación Laboral) is a formal written notice issued by an employer (patrón) to a worker notifying them that the employment relationship is temporarily suspended — without termination — on the basis of one of the justified causes enumerated in Article 42 of the Ley Federal del Trabajo (LFT) published in the Diario Oficial de la Federación on 1 April 1970. Temporary suspension differs fundamentally from dismissal (rescisión) in that it preserves the employment relationship, continues the worker's seniority (antigüedad) accrual, and obligates the employer to reinstate the worker on the date the suspension cause ceases — with no payment of severance under Article 50 LFT. The Carta de Suspensión Temporal creates the official record establishing the cause, duration, and legal basis of the suspension, protecting both the employer from unauthorized absence claims and the worker from unilateral contract termination.

Article 42 of the LFT enumerates the exclusive justified causes for temporary suspension. Fraction I covers illness or accident causing temporary incapacity for work under the Ley del Seguro Social (LSS) — the worker receives IMSS daily subsidies (subsidio por incapacidad temporal) rather than employer salary during this period. Fraction II covers preventive detention (prisión preventiva) not resulting in a final conviction — if the worker is subsequently convicted, the suspension converts to termination under Article 46 LFT. Fraction III covers performance of duties incompatible with continued employment services, such as military service or jury duty (servicio de las armas). Fraction IV covers the appointment of workers to union leadership positions (comisiones sindicales) or governmental positions requiring temporary leave from work. Fraction V covers force majeure or acts of God (fuerza mayor o caso fortuito) not attributable to either party, such as a natural disaster, fire, or flood destroying the workplace — in which case STPS authorization is typically required under Articles 427 through 432 LFT.

For collective suspensions affecting multiple workers due to economic causes, force majeure, or disease epidemics, Article 427 of the LFT provides a separate regime requiring STPS (Secretaría del Trabajo y Previsión Social) authorization and, in some cases, worker consent through the Juntas de Conciliación mechanism now administered by the Centro Federal de Conciliación y Registro Laboral (CFCRL). The 2019 reforma laboral (Decreto publicado en el DOF el 1 de mayo de 2019) transferred collective suspension authorization from the former Juntas de Conciliación y Arbitraje to the new CFCRL and Tribunales Laborales system. During authorized collective suspensions, the employer may be required to pay a minimum daily allowance (asignación) to suspended workers under Article 430 LFT.

The Instituto Mexicano del Seguro Social (IMSS) must be notified of suspensions that affect the worker's IMSS registration status. Under Articles 15 and 37 of the Ley del Seguro Social, the employer must file a Modificación de Salario or Baja Temporal notice through the IDSE employer portal within five working days of the suspension effective date if the worker's contribution status changes during the suspension period. During IMSS-covered incapacity (fracción I LFT), the employer maintains the worker's IMSS alta (active registration) and continues making employer contributions at the registered SBC during the incapacity period. The Servicio de Administración Tributaria (SAT) must also be informed through updated CFDI de Nómina payroll records reflecting the suspension and any change in salary payments during the period.

The NOM-035-STPS-2018 issued by the STPS requires employers to document psychosocial risk factors that might lead to extended workplace absences, which may give rise to individual suspension situations under Article 42 fraction I LFT. The STPS Inspección Federal del Trabajo may audit suspension records under Article 804 LFT to verify that suspensions are properly documented, that workers are reinstated within the legally required timeframe, and that suspension is not being used as a disguised form of dismissal to avoid severance obligations.

A Temporary Suspension Notice Mexico is needed whenever an employer must formally interrupt an employment relationship for a justified cause under Article 42 of the Ley Federal del Trabajo, without terminating the contract or triggering severance obligations under Article 50 LFT.

The notice is required when a worker suffers a work-related or non-occupational illness or accident causing temporary incapacity under Article 42 fraction I LFT. In this case, the IMSS issues the Certificado de Incapacidad Temporal para el Trabajo and pays the worker a daily subsidy during the incapacity period. The employer must issue a suspension notice to document that salary payments have been suspended pending IMSS subsidy coverage, protecting the employer from payroll compliance claims during the IMSS-covered period.

A suspension notice is needed when a worker is placed in preventive detention (prisión preventiva) under Article 42 fraction II LFT. Without written documentation of the suspension basis, the employer risks claims that salary continued to accrue during the detention period, particularly if the detention ultimately does not result in a conviction under the Código Nacional de Procedimientos Penales.

The document is required when force majeure — a natural disaster, fire, flooding, or pandemic health emergency — prevents the normal operation of the workplace and the employer seeks to suspend operations temporarily for a defined period. For suspensions affecting more than one worker due to economic or force majeure causes under Articles 427 through 432 LFT, STPS authorization through the CFCRL is required, and the suspension notice must reference the STPS authorization folio.

A suspension notice is also used when an employer and worker agree to a voluntary temporary leave (permiso no remunerado o remunerado) under Article 42 or Article 132 LFT — for example, for extended personal travel, temporary relocation, or family caregiving needs exceeding statutory entitlements. The notice protects both parties by establishing the agreed suspension period, return date, and benefit treatment during the absence.

Human resources departments require the suspension notice to update IMSS records (Baja Temporal or Modificación de Salario filing through IDSE), adjust CFDI de Nómina payroll records with the SAT, and document the break in attendance for PTU calculation purposes under Articles 117 through 131 LFT.

A complete Temporary Suspension Notice Mexico under the Ley Federal del Trabajo must include the following elements to be legally effective and to satisfy IMSS, STPS, and SAT documentation requirements.

Party Identification: Full legal name (razón social) of the employer, Registro Patronal IMSS, RFC of the employer, name and title of the HR officer or legal representative issuing the notice, and full legal name, NSS (Número de Seguridad Social), RFC, and CURP of the suspended worker. The NSS is essential for the IMSS notification process and for verifying the worker's IMSS registration status during the suspension period.

Legal Basis for Suspension: Explicit citation of the applicable Article 42 fraction of the LFT — fraction I (illness or accident), fraction II (preventive detention), fraction III (incompatible public duties), fraction IV (union or governmental position), or fraction V (force majeure or force majeure). The factual basis for invoking the cited fraction must be stated with specificity — vague suspension notices have been used by courts to characterize the suspension as disguised termination, triggering severance obligations under Article 50 LFT.

Suspension Period: The start date and, where known, the anticipated end date of the suspension, both expressed in DD/MM/YYYY format. Where the suspension duration depends on a contingency — such as the duration of an IMSS-certified incapacity or the outcome of criminal proceedings — the notice must state the terminating event (e.g., upon presentation of IMSS medical discharge certificate / alta médica) rather than a fixed end date. Article 42 LFT does not impose a maximum suspension duration, but Article 47 fraction IV LFT establishes that abandonment of post for more than three consecutive days without justified cause constitutes grounds for rescission by the employer — the suspension notice protects the employer from this ambiguity.

Salary and Benefit Treatment During Suspension: Statement of whether salary will continue during the suspension (remunerada) or be suspended (no remunerada), and the legal basis for each treatment. For IMSS-covered incapacity under Article 42 fraction I LFT, the notice must confirm that IMSS daily subsidies will apply at the registered SBC rate, that the employer will not pay duplicative salary during the IMSS coverage period, and that employer IMSS contributions will continue. For force majeure suspensions under Articles 427–432 LFT with STPS authorization, the daily allowance (asignación diaria) required under Article 430 LFT must be specified.

IMSS Notification Commitment: Statement that the employer will file the required IMSS notification — Baja Temporal or Modificación de Salario — through the IDSE portal within five working days of the suspension effective date under Articles 15 and 37 of the Ley del Seguro Social, and that the worker's IMSS registration will be maintained or appropriately updated throughout the suspension period.

Reinstatement Rights: Explicit statement that the employment relationship is not terminated, that the worker's seniority (antigüedad) continues to accrue during the suspension under Article 42 LFT, and that the employer will reinstate the worker to the same position with the same salary and benefits upon the cessation of the suspension cause. The notice must inform the worker of their obligation to notify the employer of their availability to return within a reasonable time after the suspension cause ends, as established by Article 47 fraction VIII LFT.

STPS Authorization Reference: For collective suspensions under Articles 427–432 LFT, the STPS or CFCRL authorization number and date must be stated. For individual suspensions under Article 42 LFT fractions I through V, STPS authorization is generally not required — but the factual record must be sufficient to demonstrate that the suspension falls within the enumerated causes.

Worker Acknowledgment: The notice must be delivered to the worker in writing and, ideally, acknowledged with the worker's signature and date of receipt. If the worker refuses to sign, the employer should document the delivery with two witnesses. The signed or witnessed notice must be retained under Article 804 LFT.

Forms-legal.com provides this Temporary Suspension Notice Mexico template as a practical starting point. Each suspension should be reviewed by a licensed Licenciado en Derecho or abogado laboralista to confirm that the factual basis qualifies under Article 42 LFT and that IMSS and SAT notification timelines are met.