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 / franco.herrera@ecrubio.com
Javier Canseco / javier.canseco@ecrubio.com
Ana María Becerra / ana.becerra@ecrubio.com
Alma Oviedo / alma.oviedo@ecrubio.com
Eduardo Cortés / eduardo.cortes@ecrubio.com
Edmundo Hernández / edmundo.hernandez@ecrubio.com
Isaac Corral / isaac.corral@ecrubio.com
Perla Arreola / perla.arreola@ecrubio.com
Raúl Lara Maiz / raul.lara@ecrubio.com
Roberto Alvarez Malo / roberto.alvarezmalo@ecrubio.com
Rogelio Sánchez / rogelio.sanchez@ecrubio.com
Antonio Flores / antonio.flores@ecrubio.com
Elisa Cortés / elisa.cortes@ecrubio.com
Gloria Domínguez / gloria.dominguez@ecrubio.com
Reynold González / reynold.gonzalez@ecrubio.com
Adriana Gómez / adriana.gomez@ecrubio.com
Abraham Perales / abraham.perales@ecrubio.com
Francisco Navarrete / francisco.navarrete@ecrubio.com
Gustavo Carrillo / gustavo.carrillo@ecrubio.com
Iván Arriaga / ivan.arriaga@ecrubio.com
Jesús Perales / jesus.perales@ecrubio.com
Luis Nicolás / luis.nicolas@ecrubio.com
Misael Granados / misael.granados@ecrubio.com
SUBSCRIBE TO OUR ALERTS AND RELEVANT NEWS
Receive our legal alerts, relevant news and information about our events via email or our WhatsApp channel.
