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 / [email protected]
Isaac Corral / [email protected]
Javier Canseco / [email protected]
Perla Arreola / [email protected]
Roberto Álvarez Malo / [email protected]
Rogelio Sánchez / [email protected]
Antonio Flores / [email protected]
Adriana Gómez / [email protected]
Alma Oviedo / [email protected]
Elisa Cortés / [email protected]
Eduardo Cortés / [email protected]
Gustavo Carrillo / [email protected]
Iván Arriaga / [email protected]
Jessica Fernández / [email protected]
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