MEXICO Law and Practice Contributed by: José Luis Diaz Badial, Jose Luis Diaz Castañeda and Mario Ivan Peña Padilla, Martinez y de Labra Abogados
Burden of Proof General rule
• implement corrective and follow-up actions; and • securely archive the documentation. 6.3 Conclusion Generally speaking, there are no universal legal or governmental regulations that stipulate a specific format for the final resolution of an internal HR inves - tigation. However, it is recommended that the final decision is clearly outlined in writing and contains the reasoning used to reach the conclusion. 6.4 Reports When conducting an internal HR investigation through written reports, there are professional guidelines and standards regarding the information that should be included to ensure the reports are effective and useful for decision-making purposes. While specific legal requirements may vary depending on the jurisdiction and applicable regulations (such as Mexico’s LFT), these reports generally have a similar structure including background information, support - ing evidence, the purpose of the report and conclu - sions. 6.5 Information Employees and employers generally have the right to receive information about the results of an internal HR investigation, including details of the findings and any corrective actions taken. Transparency and access to investigation records are essential to ensuring that the process is fair and accountable. 6.6 Communications to Authorities There are specific situations arising from an internal HR investigation that must be reported to the relevant authorities, particularly if a crime has been commit - ted. Regardless of its internal disciplinary actions, the company has a legal responsibility to report certain findings. 6.7 Other Communications The information about the conclusion of an internal HR investigation can be communicated to other depart - ments within the company. However, the scope and level of detail varies depending on the person’s role and the nature of the investigation, while respecting confidentiality.
The responsibility for proving a fact lies with the party alleging it. For example, if an employee alleges dis - crimination, harassment or unfair dismissal, they must provide evidence to support their claim. If the compa - ny alleges justifiable cause for an action (such as dis - ciplinary dismissal), the company must demonstrate the veracity of those facts. Reversal of the burden of proof In cases where there is evidence of discrimination (based on sex, race, etc), the burden of proof may be reversed. In this case, the employee only needs to present reasonable evidence, after which the respon - sibility falls on the company to prove that its actions were based on objective, non-discriminatory reasons. 6. Conclusion and Outcome of an HR Internal Investigation 6.1 Deciding to End an HR Internal Investigation There are no legal regulations establishing a fixed or maximum timeframe for concluding an internal HR investigation. The duration depends on the complex - ity of the case and other factors. However, these procedures must be handled prompt - ly, diligently, thoroughly and impartially, and are con - sidered complete when certain practical and proce - dural criteria are met. 6.2 Procedure for Ending an HR Internal Investigation A structured procedure must be followed after an internal HR investigation to ensure the results are properly documented and communicated, and any necessary corrective actions are implemented. The key steps involved are listed below: • prepare the final report; • make decisions based on the results of the investi - gation; • communicate the results appropriately to those involved in the investigation and to management department;
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