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Precedents · Commented

For referenceLabor and social security

The first order in a labor suit must be served on the worker in person

Service of the first order issued in a labor proceeding. It must be served personally on the worker at the address designated for that purpose.

Official heading (Spanish): NOTIFICACIÓN DEL PRIMER PROVEÍDO DICTADO EN EL JUICIO LABORAL. DEBE REALIZARSE DE FORMA PERSONAL A LA PERSONA TRABAJADORA EN EL DOMICILIO SEÑALADO PARA TAL EFECTO.

The ruling

A worker designated a physical address and also asked to be served through the electronic mailbox. The labor court served the first order, containing a request to cure and a warning, through the mailbox; when the worker did not comply, it closed the case. The Collegiate Circuit Court held that this first order must be served personally at the designated address under article 742 of the Federal Labor Law.

Our take

Electronic channels do not replace service that the law requires in person. For employers, the effect is indirect but real: a case closed because the worker failed to cure a defect served electronically may be revived through amparo months later. In our experience, do not treat a case closed at the outset as finished without checking how the plaintiff was served. The ruling supports a formal reading of article 742 that also protects defendants when they are served with the complaint.

What to do

  • Do not release reserves on cases closed at the outset without checking service on the plaintiff.
  • Verify that service of the complaint on the company was personal and at the correct address.

Details

Court
Collegiate Circuit Court
Type
Isolated precedent
Identifier
I.10o.T.2 L (12a.)
Digital registry
2032264
Published
June 12, 2026
Area
Labor and social security
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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.