As a result of the inequality and the economic, social and cultural asymmetry between the employer and the employee, judicial experience indicates that the dismissal of employees and workers is concealed under uncertain or contrived situations, such as the signing of blank sheets of paper or the signing of resignation forms under pressure of subordination.

The Collegiate Circuit Court in Labor Matters issued a jurisprudence that determines that, when the employee alleges that he was forced, and received instructions to sign his resignation, and the employer affirms that the termination of the labor relationship was voluntary, it is up to the employer to prove the existence of the original writing of the resignation, which must contain the elements of certainty suitable to reflect, convincingly and congruently, the will, autonomy and spontaneity of the employee for such purposes.

On the other hand, it is up to the employee to prove the alleged influence, deception, coercion or physical, moral or economic intimidation, for which he/she will only have the burden of providing objective evidence that reasonably allows to consider the consent attributed to him/her in the termination of the employment relationship as questionable and uncertain.

Therefore, the evidence will be sufficient to show a scenario of suspicion, or doubt that points to the absence of conditions of security, autonomy, and freedom in the subscription of the resignation, or that reveals a context that violates his/her human rights in this area.

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