OUT OF-COURT AGREEMENT TO TERMINATE A WORKING RELATIONSHIP
Let’s start from the fact that the parties have decided to terminate a working relationship, to give certainy to the action a resignation letter will have to be signed by the worker and a settlement or liquidation payment made by the employer, however, sometimes this is not enough, since, in addition to the fact that the previous procedure was carried out, the workers decide to sue the employers.
By virtue of the foregoing, it is highly advisable to carry out an “Out-of-Court Agreement” before the corresponding Conciliation and Arbitration Board, to give certainty and fulfill the determinations stipulated in the law as provided for in article 987 of the Federal Labor Law that at verbatim says:
“… When workers and employers reach a worker’s settlement or liquidation agreement, out of court, may attend the Conciliation and Arbitration Boards, and those Special ones, to request approval and ratification, in the terms referred to in the second paragraph of Article 33 of this Law, for which purpose they will be identified to the satisfaction of the former … “
To enter into such Agreement, the parties will go with the Authority to report and ratify the Agreement, by electronic appointment, with the original identifications, corresponding documentation to accredit the personality they held, and the printed agreements.
Once agreed the “Out-of-Court Agreement”, it WILL BE RAISED TO THE ENFORCED AWARD CATEGORY AND WILL BE STORED AS A COMPLETE AND TOTALLY CONCLUDED FILE;
In Bandala & Associates, we seek forward to avoiding companies any labor contingencies, under this expectation, the “Out-of-Court Agreement” prevents the worker from later arguing a lack of knowledge of the benefits to which it was entitled, since there was an agreement between the parties to put an end to the employment relationship, where the employer grants the broadest settlement that by law corresponds.