Women dismissed for being pregnant have the right to reinstatement and payment of lost wages

This was explained by the Supreme Court of Justice of the Nation in Mexico.
Women dismissed for being pregnant have the right to reinstatement and payment of lost wages
Image credit: Arteida MjESHTRI vía Unsplash

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Entrepreneur Staff
2 min read
This article was translated from our Spanish edition using AI technologies. Errors may exist due to this process.

Women dismissed for being pregnant have the right to reinstatement in their job and payment of lost wages, "regardless of whether they are 'base' or 'trusted' workers," reported the Supreme Court of Justice of the Nation (SCJN) in Mexico.

Why does the SCNJ remember this?

The institution granted protection to a trusted public servant to be reinstated in her job due to an “illegal dismissal” that she suffered because of being pregnant.

The SCNJ explained in a statement that when the woman was fired, the Federal Court of Conciliation and Arbitration (TFCA) and a collegiate labor court recognized that the worker was unjustifiably dismissed when she was pregnant.

Despite having ordered compensation for discriminatory dismissal, the courts did not grant him reinstatement in his job, since he performed "functions of trust."

“The Chamber concluded that there is no constitutional prohibition to reinstate women dismissed due to their pregnancy, despite the fact that they perform functions of trust because, although the Federal Constitution provides as a general rule that trusted workers lack job stability Article 123 makes an exception to this rule aimed at pregnant workers, without distinguishing between basic and trust appointments ”, explains the press release.

This is the reason why the Second Chamber of the SCNJ granted the amparo for the TFCA to issue a new sentence in which it recognizes the right of women to keep their work and their rights acquired in their employment relationship and payment. of all lost wages.

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