Wrongful dismissal claims, severance and filing deadlines in Mexico

If your employer in Mexico dismissed you without a justified cause, or without the written notice the law requires, you can claim severance or reinstatement. Castro Defense represents workers across Mexico in wrongful dismissal claims, from conciliation through labor court, including foreign nationals employed in Mexico. The deadline is short: two months from the day after the dismissal. The whole process with us is online and follows Mexican law, except the conciliation hearing, which the law requires you to attend in person.

No upfront fees: we only get paid if we recover

We do not ask for an advance payment: we only get paid once you recover. Our fees are a percentage of what is actually recovered, set by the complexity of the case. You cover only related costs, such as expert reports or supplies. The terms are set out in the contract you review before signing. We do not promise results.

When is a dismissal unjustified?

Mexico’s Federal Labor Law (Ley Federal del Trabajo, LFT) lists the grounds on which an employer may terminate employment without liability (art. 47). It also sets formal rules:

• The employer must give you a written notice clearly stating the conduct behind the dismissal and when it occurred, at the moment of dismissal, or file it with the labor court within five business days.
• Without that notice, the dismissal is presumed unjustified unless proven otherwise.
• In court, the employer must prove, among other facts, the cause of termination, your seniority, your salary and that the notice was given (art. 784).

If you were asked to sign a resignation or blank pages, do not sign anything you do not understand, and talk to us first.

What are you entitled to?

• Reinstatement or severance of three months’ salary, at your choice (art. 48).
• Back pay from the dismissal for up to 12 months if the employer cannot prove the cause; after that, interest of 2% per month on 15 months’ salary (art. 48).
• Seniority premium of 12 days’ salary per year of service, whether or not the dismissal was justified (art. 162).
• Proportional shares of your year-end bonus (aguinaldo), vacation and vacation premium (arts. 79, 80 and 87).
• Any other unpaid benefits, depending on your case.

Deadlines and conciliation

1. Two months to act. The period runs from the day after the dismissal (art. 518).
2. Mandatory pre-trial conciliation. Before suing, you request conciliation at the Federal Center for Labor Conciliation and Registration or the competent state center (art. 684-B). Filing the request suspends the deadline (arts. 518 and 521). The procedure should not exceed 45 calendar days (art. 684-D).
3. In-person hearing. You must attend the conciliation hearing personally; a lawyer can assist you (art. 684-E).
4. Labor court. If there is no agreement, the center issues a certificate of non-conciliation and the claim is filed with the labor court.

How does it work online?

1. Case evaluation form. Tell us when and how you were dismissed and attach any documents you have.
2. Document review. A lawyer estimates what you could claim and tells you which deadline is running. Response time: 48 calendar hours, or 1 to 4 hours in urgent matters.
3. Contract and power of attorney as a PDF. You sign with your e.firma (the advanced electronic signature issued by Mexico’s tax authority, SAT) or another electronic signature. For the lawsuit, the law accepts a power of attorney letter signed before two witnesses (art. 692); if any document needs a handwritten signature, we will tell you.
4. Case updates. We report each step of conciliation and trial. Channel: channel and frequency of updates.

Documents to gather

• Pay slips or the digital tax receipts (CFDI) for your salary.
• Employment contract, ID badge or credential.
• The dismissal notice, if you received one.
• Messages, emails or voice notes about the dismissal, which our digital forensics service can preserve as evidence.

If you worked at a supermarket or retail chain, see also our page for retail workers.

How to know you are dealing with real lawyers

Attorneys who handle these matters: names and cédula profesional numbers. In labor trials, lawyers must prove their professional license (art. 692). Verify it in the National Registry of Professionals of Mexico’s Ministry of Public Education. Conciliation centers also provide free legal guidance (art. 684-E). Your data is handled under our privacy notice. See the other areas of our legal defense practice.

Tell us about your case

This content is for information only and is not legal advice for a specific case. The outcome of any proceeding depends on the facts, the evidence and the authority’s decision; Castro Defense does not guarantee results.

Official sources

• Federal Labor Law (Ley Federal del Trabajo), arts. 47, 48, 79, 80, 87, 162, 518, 521, 684-B, 684-D, 684-E, 692 and 784. Chamber of Deputies (Spanish).
• Federal Center for Labor Conciliation and Registration. Government of Mexico (Spanish).

Frequently asked questions

How long do I have to file a wrongful dismissal claim in Mexico?

Two months, counted from the day after the dismissal (Federal Labor Law, art. 518). The period is suspended when you file the conciliation request (arts. 518 and 521). If your employer did not hand you the written dismissal notice personally, the period does not start until you receive it (art. 47).

What am I entitled to if I was dismissed without cause?

You can choose reinstatement or severance of three months' salary. If the employer cannot prove the cause, you are also entitled to back pay for up to 12 months and then interest of 2% per month on 15 months' salary (art. 48). You also receive a seniority premium of 12 days' salary per year (art. 162) and the proportional share of your year-end bonus and vacation with its premium (arts. 79, 80 and 87).

Do I have to go through conciliation before suing?

Yes, except in the cases the law exempts: before going to court you must request pre-trial conciliation (art. 684-B). It should not exceed 45 calendar days (art. 684-D), and you must attend the hearing in person, where a lawyer can assist you (art. 684-E).

What if I did not receive a written dismissal notice?

The lack of a written notice, delivered personally or through the court, is enough on its own to presume the dismissal was unjustified, unless the employer proves otherwise (art. 47).

Do I have to pay anything to start?

No upfront fees: our fees are a percentage of what is actually recovered, set by the complexity of the case, and are paid only once you recover. You cover related costs, such as expert reports. The exact terms are set out in writing in the contract before work begins.