Legal defense in cases of incomplete files

In Mexico, the proper management of labor files is one of the priorities within companies because the compliance with labor regulations depends on it, and therefore they function as a legal defense measure in the event of labor disputes. In this blog, we will tell you a little about what happens in legal defense when files are incomplete and our recommendations in this regard.

The Federal Labor Law, in its Article 784, establishes that the employer must keep certain documents related to the employment relationship, and that if they are not presented when required, the facts alleged by the employee will be presumed to be true. This underscores the importance of maintaining a complete and well-integrated labor file.

Consequently, legal defense in cases of incomplete labor files can become complex. However, there are defense strategies and exceptions that employers can use. For example, defenses may consist of denying or contradicting the facts alleged by the plaintiff, shifting the burden of proof to them. Meanwhile, exceptions can demonstrate circumstances that prevent, modify, or destroy the action, such as lack of legal standing or res judicata, among others. Each case is unique and is based on its own facts, which causes defenses and exceptions to vary according to the specific context of each labor dispute.

Therefore, in situations where labor files are incomplete, it is crucial to have the advice of a labor law specialist who can assess the particular situation and determine the best defense strategy based on the specific circumstances of the case. Meanwhile, as a preventive measure, keeping labor documentation complete and properly updated is essential to minimize legal risks and defend oneself effectively in the event of labor litigation.

At sora, we know that achieving full labor file compliance is complicated if done manually, which is why we want to introduce you to the first Mexican labor compliance platform that allows you to manage and automate your employees' documents and ensure they are up to date. It is the only tool in Mexico that allows you to save time through process automation and have greater legal validity.