Article 49 Federal Labor Law

The employer shall be exempted from the obligation to reinstate the employee, through the payment of the compensation (indemnity) that is determined in Article 50 in the following cases:

I.When it concerns employees that have a seniority of less than one year;

II.If it proves before the Court that the employee, by reason of the work that he performs or by the characteristics of his labors, is in direct and permanent contact with it and the Court considers, taking into consideration the circumstances of the case, that the normal development of the employment relationship is not possible;

III.In the cases of employees in a position of trust;

IV.In domestic work;

V.When it concerns temporary employees, and

VI.When it concerns employees on digital platforms. The mandatory reinstatement shall only proceed in the case of violation of collective rights, such as the freedom of association, union autonomy, the right to strike and to collective bargaining.

To exercise this right the employer may go to the Court in the paraprocedural route contemplated in Article 982 of this Law to deposit the compensation (indemnity) referred to in Article 50 of this Law. For such purpose the employer shall provide the Court the information related to the name and address of the employee, so that said paraprocedural is notified to him, and must state under protest to tell the truth that in the case any of the hypotheses contemplated in this article is actualized. With the written account and breakdown of the amount of the compensation (indemnity) the Court shall give notice to the employee for his knowledge.

If the employee is not in agreement with the propriety or the terms of the compensation (indemnity), the employee shall have his rights safe to sue through the jurisdictional route the corresponding action; in the event that in the proceeding it is resolved that the employee is not found in any of the hypotheses of this article, the deposit of the compensation (indemnity) shall have no effect and the Court shall dispose of the deposited money to execute its judgment (sentencia). If in said proceeding the Court resolves that any of the hypotheses contemplated in this article is actualized, but the deposited amount is insufficient to pay the compensation (indemnity), the Court shall condemn the employer to pay the corresponding differences and interest.