Labor trials: what is not objected to at the preliminary hearing is accepted
Preliminary hearing in labor proceedings. Failing to object to the judge's rulings at each of its stages amounts to tacit consent.
Official heading (Spanish): AUDIENCIA PRELIMINAR EN EL JUICIO LABORAL. LA ABSTENCIÓN DE INCONFORMARSE CONTRA LO DETERMINADO POR LA PERSONA JUZGADORA EN CADA UNA DE SUS ETAPAS, PRODUCE CONSENTIMIENTO TÁCITO.
The ruling
At the preliminary hearing of a labor trial, the judge admitted evidence and gave the parties the floor before closing that stage; no one objected. After losing, the defendant argued in a direct amparo that some of the opposing evidence should not have been admitted. The Collegiate Circuit Court held that, under article 873-F, section I, of the Federal Labor Law, those rulings had been tacitly accepted.
Our take
The ruling extends to parties who attend the penalty the law sets for those who do not: showing up and staying silent equals consent. For employers, the risk lies in sending counsel to the preliminary hearing without instructions or command of the file. Each stage demands an immediate response. What is not objected to there cannot be rescued in a direct amparo. We accept the preclusion logic, though it hardens a procedure meant to be oral and swift. The practical takeaway: prepare the preliminary hearing as if it were the last chance, because to a large extent it is.
What to do
- Prepare a stage-by-stage list of objections for the preliminary hearing, especially on opposing evidence.
- Make sure counsel has authority and instructions to object on the spot.
- Confirm that every objection is recorded in the hearing minutes or video record.
Details
- Court
- Collegiate Circuit Court
- Type
- Isolated precedent
- Identifier
- I.1o.T.6 L (12a.)
- Digital registry
- 2032152
- Published
- May 22, 2026
- Area
- Labor and social security
- View official source ↗
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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.