Dear Clients and Friends:
On February 21, 2025, an amendment to the second-to-last paragraph of Article 29 of the INFONAVIT Law was published in the Official Gazette of the Federation. This amendment establishes that the obligation of employers to deduct amounts from their employees’ wages for INFONAVIT loan repayments will not be suspended due to absences or incapacities.
This amendment could unfairly impose an economic burden on employers by requiring them to make these “deductions” even when their employees are not receiving wages.
INFONAVIT Clarifying Criterion
On March 13, 2025, INFONAVIT issued criterion 01/2025, which appears to state, in connection with the amendment to the second-to-last paragraph of Article 29 of the INFONAVIT Law, that employers should never make deductions exceeding the salary actually paid to the employee or the amount determined under Article 97 of the Federal Labor Law.
However, this criterion, according to INFONAVIT’s General Coordination of Fiscal Collection, is merely an interpretive guideline. Therefore, it should not be regarded as a binding source of rights or obligations. Furthermore, this criterion may be modified, as the authority itself acknowledges in its presentation of fiscal collection normative criteria.
Possibility of Filing an Amparo
Due to the legal uncertainty caused by this criterion, we recommend that employers file an amparo lawsuit against the amendment to the second-to-last paragraph of Article 29 of the INFONAVIT Law. This should be done within 15 business days following the first specific act of application of this amendment—that is, when the first payment (“deduction”) is made to INFONAVIT for loan repayments granted by INFONAVIT to the employees of the employer.
At EC Rubio, we are ready to provide specialized advice, evaluate the viability of filing an amparo based on each company’s specific circumstances, and offer alternative solutions to effectively protect your interests.
Please do not hesitate to contact us for further assistance regarding this significant matter.
Labor and Social Security Practice
Franco Herrera / [email protected]
Javier Canseco / [email protected]
Ana María Becerra / [email protected]
Alma Oviedo / [email protected]
Eduardo Cortés / [email protected]
Edmundo Hernández / [email protected]
Isaac Corral / [email protected]
Perla Arreola / [email protected]
Raúl Lara Maiz / [email protected]
Roberto Alvarez Malo / [email protected]
Rogelio Sánchez / [email protected]
Antonio Flores / [email protected]
Elisa Cortés / [email protected]
Gloria Domínguez / [email protected]
Reynold González / [email protected]
Adriana Gómez / [email protected]
Abraham Perales / [email protected]
Francisco Navarrete / [email protected]
Gustavo Carrillo / [email protected]
Iván Arriaga / [email protected]
Jesús Perales / [email protected]
Luis Nicolás / [email protected]
Misael Granados / [email protected]
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