In recent days, a resolution was issued in the protective writ filed by workers of the Miners’ Union, against Section VIII of Article 127 of the Federal Labor Law, which establishes the limits on payment of workers’ profit sharing (PTU) from companies, consisting of either three months of salary or the average of the participation received in the last three years.
The Court has declared that this article is unconstitutional, as this limitation is not contemplated in the Constitution, and therefore PTU must be paid without any limits.
This resolution will likely be challenged by the interested parties in that lawsuit and will be decided by the Supreme Court.
The aforementioned verdict is not final, nor is it necessarily applicable to all cases, but it is an important precedent that could set the course for future resolutions.
We will be monitoring the path this issue takes and will keep you informed, so that we can plan the appropriate strategy for your company.
Labor & Social Security Practice
Ana María Becerra / ana.becerra@ecrubio.com
Isaac Corral / isaac.corral@ecrubio.com
Javier Canseco / javier.canseco@ecrubio.com
Perla Arreola / perla.arreola@ecrubio.com
Roberto Álvarez Malo / roberto.alvarezmalo@ecrubio.com
Rogelio Sánchez / rogelio.sanchez@ecrubio.com
Antonio Flores / antonio.flores@ecrubio.com
Adriana Gómez / adriana.gomez@ecrubio.com
Alma Oviedo / alma.oviedo@ecrubio.com
Elisa Cortés / elisa.cortes@ecrubio.com
Eduardo Cortés / eduardo.cortes@ecrubio.com
Gustavo Carrillo / gustavo.carrillo@ecrubio.com
Iván Arriaga / ivan.arriaga@ecrubio.com
Jessica Fernández / jessica.fernandez@ecrubio.com
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