Dear readers, the following comments are about the labor justice system, which is provided by each and every one of the courts, local and federal, authorities which have the obligation to thoroughly and conscientiously review each and every one of the proofs that the dissenting parties offer in order to prove their claims, as the case may be; you may ask yourselves what proofs are or what is considered proof in labor law matters! The Federal Labor Law, in its Chapter XII, expressly states that confessionals are to be considered as evidence in labor matters, which is simply the procedural confrontation between the (worker vs. employer), through a dynamic of questions by means of an open interrogation, Another type of evidence can be the documentary evidence through a report requested to any public or private entity such as (Imss, afore or bank) to prove payment made or debit of minor deposits, we must not lose sight of the fact that each and every one of the evidences offered in the labor process must be related to what was sued and/or answered that of course is part of the labor lawsuit.
Likewise, given the technological advances of science, all those that are part of a digital document, such as (emails, chat videos, audio recordings), etc., are elements of evidence. Note that not all digital elements can be observed by the judge, since in labor matters there are certain requirements that the Supreme Court of Justice of the Nation has given so that such elements of technology can be considered as evidence.
From all of the above, the labor authorities have the obligation to exhaustively review each piece of evidence offered, supervised and presented in order for said evidence to support and confirm what the parties to the process wanted to make known with the evidence they offered, which, by the way, must comply with a legal order as already mentioned, as well as be related to the facts and benefits claimed in the labor trial, dear readers, a doubt arises as to whether otherwise there is no element that links or disproves what was requested or defended, the answer is YES, not in all the processes there will be evidence, such as documentary evidence, reports, if not available, “testimonial” evidence can also be offered, which through the person or person who has witnessed “the resignation made by the worker” or the “dismissal suffered by the worker”, must detail in an orderly manner what happened through his testimony, evidence that, like the above mentioned, has the same value and must be observed by the judge for the issuance of the respective sentence;
So much for this week's comments, we'll see you next week...
