Victims Of Mobbing Can Sue To Enforce Their Right To Decent And Proper Employment

• Published date: 26 August 2021
• Subject Matter: Employment and HR, Employment Litigation/ Tribunals, Employee Rights/ Labour Relations
• Law Firm: L&E Global
• Author: L&E Global

On 6 August 2021, the Tenth Collegiate Court in Labour Matters of the First Circuit, dictated a sentence regarding an Amparo filed against a resolution emitted by the labour authority, in which it only considered the primary claim of rescission. Digital Register number: 2023404.

An elderly woman who worked as a weaver, filed a labour lawsuit claiming the rescission of her employment relationship, due to the fact that her employer failed to pay her salary on several occasions. Furthermore, she claimed she was the victim of threats and mobbing by her direct boss.

When the Labour Board dictated the sentence it only focused on the plaintiff's main claim of rescission. Thus, the Collegiate Court indicated that any employee who files a labour lawsuit is entitled to petition to retain employment according to her right to a "decent job" due in large part to the fact that the Mexican Constitution protects human rights and because the right to work is one...