Regulatory Context
On May 22nd, 2026, the Federal Judicial Weekly Gazette (Semanario Judicial de la Federación) published isolated ruling I.1o.T.6 L (12a.), issued by the First Collegiate Court in Labor Matters of the First Circuit. The ruling clarifies the scope of tacit consent and procedural forfeiture (preclusión) within the preliminary hearing stage of labor proceedings.
The criterion is consistent with the principles of concentration, orality, immediacy, and preclusion that govern labor procedure under the 2019 reform. The preliminary hearing is the stage where proceedings are streamlined, disputed facts are defined, and evidentiary rulings on admission or rejection of evidence are issued.
Practical Impact
The Court held that the procedural sanction set forth in Article 873-F, Section I, of the Federal Labor Law — originally designed for parties who fail to appear at the preliminary hearing — applies equally to parties who appear but remain silent when given the floor.
As a result, appearing without raising objections carries the same legal consequence as not appearing at all: the rulings issued during that stage are deemed tacitly consented to, and the corresponding procedural rights are forfeited. This includes the ability to challenge, in a direct amparo proceeding, the admission of evidence that was not objected to at the time.
Considerations
Employers and their legal teams should bear the following in mind:
- Attendance at the preliminary hearing is not enough: active participation at each stage, when the floor is granted, is essential.
- Failing to object to the admission of evidence during the hearing may consolidate its evidentiary weight and foreclose subsequent challenges.
- Arguments aimed at contesting tacitly consented rulings risk being declared procedurally inadmissible in amparo.
- Defense strategy must be built from the preliminary hearing onward — not from the judgment.
Note: This is an isolated ruling and does not constitute binding precedent (jurisprudencia); however, it represents a significant interpretation of preclusion and tacit consent under current labor procedure.
