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blhead
Joined: 20 Jun 2006 Posts: 2
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Posted: Thu Jun 22, 2006 1:01 pm Post subject: resignation letter |
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I'm finishing my contract June 30th and have decided not to return to my school for another year. The school wants me to sign a resignation letter their lawyers have prepared. I am nervous about signing anything! But even more so for immigration! Any suggestions? Should I sign? And do I have to go straight to immigration and let them know! |
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Samantha

Joined: 25 Oct 2003 Posts: 2038 Location: Mexican Riviera
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Posted: Thu Jun 22, 2006 1:07 pm Post subject: |
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Are you planning to stay in Mexico? If so, once you leave your current job, your FM3 will have to be updated to your new activity. I believe Immigration usually allows no more than 30 days for the activity change (same as a change of residential address).
What is the general content of the resignation letter? They may just be following the Immigration rules to the letter. (Are you expecting any extra pay or compensation for completing the contract?) |
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ls650

Joined: 10 May 2003 Posts: 3484 Location: British Columbia
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Posted: Thu Jun 22, 2006 1:25 pm Post subject: |
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You can always look at the letter and refuse to sign it if you aren't happy with its contents...
Likely it will say something along the lines of "My experience with the ABC English School was fantastic. I enjoyed my time with the school and I think the owners and staff are wonderful..." etc.
They want you to sign this so that if you ever choose to bad-mouth them or take legal action against them, they can pull out this letter and prove you left under 'happy' circumstances. |
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Ben Round de Bloc
Joined: 16 Jan 2003 Posts: 1946
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Posted: Thu Jun 22, 2006 2:24 pm Post subject: Re: resignation letter |
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blhead wrote: |
I'm finishing my contract June 30th and have decided not to return to my school for another year. The school wants me to sign a resignation letter their lawyers have prepared. I am nervous about signing anything! But even more so for immigration! Any suggestions? Should I sign? And do I have to go straight to immigration and let them know! |
I can think of at least one possibility for your employer wanting you to sign a letter of resignation. If you've been employed completely legally, which it sounds like you have been, my guess is that your employer wants to make sure he isn't legally obligated to pay you your liquidaci�n (severance pay.) If he terminated your employment for reasons other than misconduct on your part (and sometimes even with misconduct,) he would most likely be legally obligated to pay you a lump sum of money in severance pay. However, if he has proof that it was your choice to end your employment with him (resignation letter,) then he's legally off the hook regarding severance pay. Depending on how long you've worked there and how much you've earned during that time, a liquidaci�n could be a reasonably large chunk of money.
I don't know what kind of contract you have. It could be a continuing contract, in which case your employer would be obligated to continue offering you contracts until you decided not to sign the next one. It could also be a term type of contract (only for x-amount of time,) in which case your employer wouldn't be obligated to offer you further employment when that contract ended. However, even term-type contracts could get a little sticky legally for an employer if an employee wanted to push for liquidaci�n and claimed that it was the employer's decision not to offer another contract. Many private language schools in the city where I live get around this by simply not having contracts at all. Instead, they use sort of a letter of agreement, which isn't very legally binding on the part of either the employer or the employee. |
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blhead
Joined: 20 Jun 2006 Posts: 2
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Posted: Thu Jun 22, 2006 3:35 pm Post subject: the letter |
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I have worked for the past two years legally, with an ongoing contract. But for personal reasons have decided to leave Queretaro. Hopefully some of you can read Spanish!! Here's a copy of the letter!
Por medio de la presente les comunico que a partir de esta fecha y por as� convenir a mis intereses, en forma voluntaria y con car�cter de irrevocable, doy por terminado el contrato individual de trabajo y toda relaci�n laboral que me ligaba con usted y/o esta empresa, con fundamento en lo dispuesto por el art�culo 53, fracci�n I de la ley federal del trabajo.
Asimismo hago saber que durante el tiempo que prest� mis servicios en esta Instituci�n, recib� el importe total y oportuno de las prestaciones a que tuve derecho que me otorgan, tanto la Ley Federal del Trabajo, como mi contrato individual de trabajo, que son entre otras: salarios ordinarios y extraordinarios, cuando estos se generaron, vacaciones, prima vacacional, s�ptimos d�as, aguinaldo, d�as festivos, etc., sin haber contra�do ninguna enfermedad de car�cter profesional, ni sufrido accidente de trabajo, motivo por el cual no tengo inconveniente en otorgarle a ______. y/o a quien sus derechos represente, el finiquito m�s amplio y sin limitaci�n de ninguna naturaleza que en derecho proceda, sin reservarme por ello, acci�n o derecho que ejercitar en su contra con posterioridad.
Would you sign it? |
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PlayadelSoul

Joined: 29 Jun 2005 Posts: 346 Location: Playa del Carmen
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Posted: Thu Jun 22, 2006 6:52 pm Post subject: |
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It is a standard resignation letter. As someone mentioned above, it is signed so that the company can give you the money that is coming to you, and then everyone is done. The company will also baja you in Immigration, which is their duty according to the law. You will have to sign a letter in that respect, as well.
It looks like the company you work for is doing what they are supposed to. |
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Sgt Killjoy

Joined: 26 Jun 2004 Posts: 438
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Posted: Fri Jun 23, 2006 1:54 pm Post subject: |
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I would be a little leery signing it. Of course, if everything the school has done so far is on the up and up then I would only hesitate a little. If I was in your situation, I would add a paragraph on your work history with them, that you have been an excellent employee, etc. They are protecting themselves from any accusation you may make after you leave, why shouldn't you have the same protection? |
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