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Accrued Wages Constitutionality
January 25, 2016 |
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| Accrued Wages Constitutionality |
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On January 20, 2016, the Second Chamber of the Supreme Court of Justice ruled out the contradiction of jurisprudences under file 291/2015 in order to determine the constitutionality of the amended article 48 of the Federal Labor Law which regulates the accrued wages generated from an employee´s unjustified dismissal.
The ruling was issued by a majority of three votes from Ministers José Fernando Franco González, Alberto Gelasio Pérez Dayán and Eduardo Medina Mora Icaza, against two votes from Ministers Margarita Beatriz Luna Ramos and Javier Laynez Potisek declaring the constitutionality of the amended article 48.
In conclusion the Second Chamber determined that the abovementioned article does not violates the principle of progressivity enshrined in the article 1 of the Constitution for the following reasons:
1. This ruling does not violate any human rights of the workers since the reinstatement and compensation actions continues to be recognized by the Labor Law.
2. The Law still regulates the payment of accrued wages in a limited basis and under a 2% monthly interests capitalized at the payment.
3. Discourages any malpractice looking an unjustified delay of the ruling in a labor trial, preserving at all time the sources of employment.
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IMPORTANT: IMPORTANT NOTE: The information here contained is of general nature and for informative purposes only. Please consider that what is here stated does not apply circumstances of any individual or entity. We strongly recommend not performing any activity based on this information without the professional assistance of our lawyers considering your particular circumstances. |
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