Evidentiary Value of Unsigned Electronic Paystubs under Mexican Labor Law

Mexico’s Sixth Collegiate Court on Labor Matters of the First Circuit recently published opinion I.6o.T. J/48 (10a.) entitled, “Paystubs issued electronically without the employee's signature. Such electronic paystubs are valid for proving the items and amounts reflected therein.” In its opinion, the Court held that paystubs issued electronically, which are not signed by the employee receiving pay or salary, are valid to prove the amounts and items stated in the electronic paystubs and concluded this was consistent with Mexican customary law and practice. To reach such decision, the Court considered that the need to avoid making cash payments has caused employers to rely on direct bank deposits to pay their employees. Based on the foregoing, unsigned electronic paystubs will be considered valid for evidentiary purposes if no other proof exists to the contrary.