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Constitutional Chamber of the Supreme Court of Justice Allows Employers to Appeal Decisions that Reinstate Employees
Precedential Decision by Judiciary or Regulatory Agency
Author: Marco E. Arias, Partner – BDS, Member of Littler Global
On May 17, 2023, the Constitutional Chamber of the Supreme Court of Justice announced that the Court had partially ruled in favor of an action brought forward to declare certain provisions (or the lack thereof) of the Code of Labor as unconstitutional. In its ruling, the Constitutional Chamber held that failing to allow employers to appeal a lower court's decision to reinstate terminated employees as an injunctive measure, the Code of Labor is depriving employers from their constitutional right to appeal the decision to a higher court. Once ruling No. 11481-2023 is officially drafted and published, it will be enforceable.