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Valeria Nicole Rivera Acosta A01638878

(a) What are the causes of rescission without responsibility for the employer? I am
asking about the nature of the causes of rescission, not types or examples, the
question is what are they (qué son).

When the worker's conduct is improper or to the detriment of another worker, the source of

work, his employer or relatives, and generally carried out with intent, that is, with the

intention of carrying them out.

In accordance with the Federal Labor Law, the causes of termination without

responsibility of the employer;

• Misleading the worker with false certificates or false references that attribute to the

worker capacities, aptitudes or faculties that he lacks.

• The worker incurs, during his work, in lack of probity or honesty, acts of violence, threats

against the employer and his relatives, or against any worker and disturb the order with it.

• Intentionally causing the worker material damage during his work in any object related to

his work, or without intent but that causes serious damage.

• Compromising the worker due to imprudence, or inexcusable neglect, the safety of the

source of work.

• The worker commits immoral acts or acts of harassment or sexual harassment against any

person in the workplace.

• Revealing the worker manufacturing secrets to the detriment of the company.

• Have the worker more than three absences in a period of thirty days without permission

from the employer or without just cause.

(b) In which provision of the Federal Labour Law (“FLL”) are these causes
established?
In the article 47
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Valeria Nicole Rivera Acosta A01638878
(c) What are the legal consequences of using (applying) one of the causes of rescission
without responsibility for the employer? In this case, do I have to compensate the
worker?
Exempts the employer from paying constitutional compensation and past due wages, if he
gives the corresponding notice to the worker that indicates the conduct that motivated the
termination and the date on which it was committed, and must personally deliver it to the
worker at the time of dismissal or present it to the State Center o Federal Labor

2. Schedule: The schedule must include each and every of the causes of rescission
without responsibility for the employer.

Which kind of evidence will

suffice to proof the existence
of this cause of rescission?
(Please mention specific type
Cause Provision number
of evidence, which kind of
documents, which kind of
videos, whose testimonials,
etc.

What is the Constitutional indemnization and which are all the elements comprising said
indemnization (“liquidación” in Spanish)? Specify amounts, how many days of salary, etc.
In Mexico, the specific elements comprising indemnization can vary depending on
the circumstances of each case. Typically, they include material damages, moral damages,
loss of profits or opportunities, and restitution or restoration of violated rights. Material
damages involve quantifiable economic losses, such as expenses, medical bills, loss of
income, or property damage. Moral damages encompass non-economic harm, such as
emotional distress, mental anguish, or damage to reputation. Compensation for loss of
profits or missed opportunities may be awarded in certain cases. Additionally, the court
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Valeria Nicole Rivera Acosta A01638878
may order the restitution or restoration of violated rights, which may involve actions like
reinstatement to a position or the return of property.

4. Bearing in mind your answer to question 3, carry out an exercise to calculate the
indemnization assuming there is a worker with 10 years of seniority and a monthly salary
of $ 10,000 pesos, without additional benefits, who is being fired on January 31st, 2023,
having 10 days pending of vacations to take.

$74,581