The reform to the Infonavit Law, in its Article 29 “is the cause of grave concern”, given that employers must cover workers’ dues even in the event of a worker’s absence or disability due to sickness, which represents a high cost, specialists agreed.
“The amendment to Article 29 has serious effects for employers, as it means that they must continue making the payment of installments to the Infonavit to amortize workers’ housing loans, even if the employment relationship is suspended during the absences and disability due to sickness granted in accordance with the Social Security Law is not the result from a professional risk, which entails the payment of significant amounts to the Infonavit during the entire time that the worker is not receiving a salary”, said Ricardo Martínez Rojas, partner at D&M Abogados.
In that sense, Luis Manuel Guaida, a labor specialist, added that “the changes to the Infonavit Law include a new obligation for the employer and it creates a tax burden.”
He added that it is established that the payments to the institute should not be suspended in the case of workers’ absence or disability due to sickness; that is “even when the worker is not generating a salary.”
Given this scenario, De la Vega & Martínez Rojas informed that there is the possibility of impugning this measure, given that it is “unconstitutional and (employers) have until March 17 of this year to file a legal action.
“We consider that this amendment to Article 29 of the Infonavit Law is unconstitutional and can therefore be impugned by means of an amparo proceeding, which must be filed promptly in order to prevent its application, through a proceeding for stay, while the trial is being processed,” Martínez Rojas said.
He explained that according with Transitory Article One of the Reform Executive Order, it has to be impugned on February 22 of this year through an amparo proceeding, or within 15 days from the date of its first application, which will be on March 17 of this year.
It is worth noting that this is an important change, as in the case of disability due to sickness, the employer’s obligation of paying the employee-employer dues was suspended during the period of disability due to sickness, except in the case of the retirement fund, a fact that changed as of February 22 of this year with the promulgation of the reform.
In this sense, the employer will have the obligation of continuing to make the payments of the loans taken out by the workers, even when said workers are not receiving a salary and, therefore, employers will be liable parties for the payment of the credits.
Should they fail to pay the employee-employer dues and make the payments of the loans granted by the Infonavit, in the terms established by the reform, employers will be subject to sanctions or demands for payment; and in the case of the workers, debts would be generated for the amounts not paid.
For their part, the Confederation of Mexican Workers appointed the representatives that will be part of the General Assembly of the Infonavit for the term of March 19, 2025 to September 30, 2030. They will be: Ricardo Fidel Pacheco; Leobardo Soto; Tereso Medina and Fernando Salgado.
