Labor Proceedings: Warrants, Offices, and Evidence Handling
Warrants and Offices
Proceedings, warrants, and offices that cannot be performed in place through internal urge shall be entrusted to the Chairman of the Board nearest the place to be practiced. In the absence of treaties or conventions, the following rules apply:
- Offices will be forwarded through diplomatic channels to the place of residence of the appropriate authority.
- Signatures need not be legalized.
The Board shall issue the warrants and offices a day after the order. Warrants and offices shall be processed within 72 hours of receipt and shall be served within 5 days. When the performance of a warrant is delayed, it will be recalled from office or request. If the delay continues, the superior shall be informed. If more time is required, it shall not exceed 15 days.
Case Processing
Cases shall be processed expediently, prioritizing special incidents before a pronouncement of nullity, competence, personality, accumulation, and exceptions. In cases of invalidity, competition, overlapping, and excuses, a hearing shall be held within 24 hours of the date and time of the incidents if a special procedure has not been designated. Incidents without a designated special procedure shall be dealt with in a flat hearing to the parties.
Accumulation
In processes that are pending, accumulation must be built upon its own motion or upon the court’s concern that promotes the same actor against the same defendant where the claims are the same, the parties are the same, and the benefits are different but come from the same working relationships or are promoted by different actors against the same defendant and arise from the employment relationship, potentially leading to conflicting decisions. Accumulation shall be with the oldest known competent case. The Board shall prevent the continuation of the forfeiture process. The chairs and assistants responsible for the trials are not inactive. The worker must continue the trial process within three months, failing which forfeiture shall be applied. Any person who does not promote the case at the end of six months shall be deemed to have discontinued the proceedings. The Assistant Attorney shall have the powers and responsibilities of a trustee and shall submit the promotions and termination of the trial.
Evidence
Evidence includes documentary, confessional, testimonial, expert, inspectional, presumptive, and instrumental evidence. The Board will discard tests that do not relate to the litigation or are useless or inconsequential. The tests offered shall include all the elements necessary for their relief. The employer has a legal obligation to retain documents when there is controversy, including the worker’s income, seniority, cause for termination of the employment relationship, proof of having given notice to the worker of the date and cause of the contract termination, duration of the working day, rest days, wages, holiday pay, premiums for Sunday, holidays, and seniority, and amount and payment of wages. If a person cannot attend due to sickness, they must prove it with a medical certificate or other reliable evidence submitted under oath, specifying a new date for the sufficiency of evidence. If the disability persists, the doctor must be brought within 5 days. In the moral case of religious individuals, their legal representative may provide a statement.
Confessional
Parties may request a quote to absolve directors, administrators, managers, and people who exercise leadership and management functions, including members of trade union leadership. If the person summoned to answer questions does not attend on the appointed date, they shall be deemed to have confessed to the positions articulated, and these shall be classified as legal. Sufficiency standards of proof for confessional positions may be oral or written. Positions should not be insidious or useless. The person shall answer under oath for themselves, without the presence of their counsel. When formulating positions orally, they shall be fully recorded in the minutes. When written, positions will be graded previously, and the Board will state the foundation and reason for the decision. The person shall answer affirmatively or deny positions, absolving themselves. If they refuse to answer, it shall be admitted. Insidious positions are those that tend to obscure understanding, aim to obtain a confession contrary to the truth, deal with useless facts that have been previously confessed, do not conflict with any evidence or irrefutable fact, or are not in dispute. If the person required to answer interrogatories resides outside the place of the call, they are free to enclose their statement of previously qualified positions in a closed and sealed envelope. The Board shall receive the confession, which will be taken as explicit and spontaneous. Statements contained in positions shall be taken as explicit and spontaneous confessions of the parties, as contained in the records and proceedings of the trial.
Documentary
Public documents are those whose formulation is entrusted by law to an official vested with public faith. Public documents issued by authorities of the Federation of States, Federal District, or municipalities do not need to be legalized. Subscription means placing a signature or fingerprint at the foot of the letter to identify the person signing. The employer has an obligation to preserve and display at trial individual work contracts, payrolls, payroll stubs, proof of profit-sharing payments, vacation, bonuses (for the last year and a year prior) to make faith in the Republic. Documents from abroad must be legalized by diplomatic or consular authorities. Documents submitted in a foreign language must be translated by an official translator within five days.
Testimonial
A maximum of three witnesses may be offered. The names and addresses of witnesses must be provided. If a witness resides outside the Board’s jurisdiction, the bidder must provide proof in writing, or the witness will be canceled. A high public official may submit testimony through official rules. In the sufficiency of evidence from witnesses, the party offering the evidence shall present their witnesses directly to the Board, which shall receive their testimony. The witness must be identified before the Board. When requested by the parties, the Board may grant three days for identification. Witnesses will be examined separately in the order they were offered, after taking an oath to behave truthfully and acknowledging the penalties for false testimony. The witness’s name, age, marital status, address, occupation, and place of work shall be recorded before taking their statement. The parties shall formulate questions orally and directly, first by the provider of the test and then by the other parties. Questions and answers will be recorded. Witnesses are obliged to give the reason for their testimony. Upon the Board’s request, the witness shall sign the statement outside the leaves, recorded as such by the Secretary. The term to submit a statement for cross-examination is three days. If the witness does not speak Spanish, an interpreter will be provided. Objections or disqualifications of witnesses shall be made orally at the conclusion of the sufficiency of evidence. A single witness may be convincing if circumstances of truth are present and they are the only one who noticed the facts, the statement is not in opposition with other tests, and there are circumstances that guarantee truth.
Expert
Expert testimony will focus on issues related to science, art, or a specific craft. The Board shall appoint expert workers. If an expert is not appointed, does not appear at a hearing on the subject to give their opinion, or if the worker cannot pay, particular provisions shall be made for the relief of expert evidence presented personally by each party’s expert. At the expert’s protest hearing, they shall take office under the Act and immediately surrender their opinion. Parties and Board members may ask the experts questions they deem appropriate. In case of discrepancy, the Board shall designate a third expert. The expert umpire must be excused within 48 hours.
Inspection
The party offering inspection shall specify the subject matter, the place where it should be practiced, the periods covered, and the objects and documents that must be examined. In the sufficiency of proof of inspection, the clerk shall adhere strictly to the Board’s order. The actuary is required to list the documents and objects to be inspected. The parties and their attorneys may attend the inspection diligence and make any objections they deem appropriate. Minutes shall be recorded with justification.
Presumptive
Presumptive evidence is the consequence that the Act or the Board deduces from a known fact to ascertain the truth of another unknown legal fact. A legal presumption exists when the Act expressly provides it. A human presumption exists when, properly tested, it follows another result.
Instrumental
Instrumental evidence is the set of actions contained in the record, formed out of the trial.