sensei
06/03/2016

ARTICLE 48, SECOND PARAGRAPH OF THE FEDERAL LABOR LAW IS DECLARED CONSTITUTIONAL
On last January 20, 2016 it was resolved the contradiction of precedent by which it was stated that the amendment to Article 48, second paragraph of the Federal Labor Law and referring to the limitation of accrued wages for a period of 12 months, is constitutional.
The contradiction of precedent was processed under file number 291/2015 before the Second Chamber of the Supreme Court of Justice of the Nation. The reporting judge of the same was the Minister Margarita Beatriz Luna Ramos and the resolution was issued by a majority of three votes in favor by the Ministers José Fernando Franco González, Alberto Gelasio Pérez Daýan and Eduardo Medina Mora Icaza, and two votes against by the Ministers Margarita Beatriz Luna Ramos and Javier Laynez Potisek.
In such resolution it was determined that Article 48 in question does not infringe the principle of progressivity, under Article 1 of the Constitution, since it is not ignoring human rights of workers since the action for unfair dismissal continues to be tutored through reinstatement or compensation, besides that accrued wages continues to exist but now limited to a period of 12 months plus the payment of interest on the amount of 15 months’ salary at the rate of 2% per month, if the procedure has been completed in that period.

ARTICLE 48, SECOND PARAGRAPH OF THE FEDERAL LABOR LAW IS DECLARED CONSTITUTIONAL
sensei
06/03/2016
On last January 20, 2016 it was resolved the contradiction of precedent by which it was stated that the amendment to Article 48, second paragraph of the Federal Labor Law and referring to the limitation of accrued wages for a period of 12 months, is constitutional.
The contradiction of precedent was processed under file number 291/2015 before the Second Chamber of the Supreme Court of Justice of the Nation. The reporting judge of the same was the Minister Margarita Beatriz Luna Ramos and the resolution was issued by a majority of three votes in favor by the Ministers José Fernando Franco González, Alberto Gelasio Pérez Daýan and Eduardo Medina Mora Icaza, and two votes against by the Ministers Margarita Beatriz Luna Ramos and Javier Laynez Potisek.
In such resolution it was determined that Article 48 in question does not infringe the principle of progressivity, under Article 1 of the Constitution, since it is not ignoring human rights of workers since the action for unfair dismissal continues to be tutored through reinstatement or compensation, besides that accrued wages continues to exist but now limited to a period of 12 months plus the payment of interest on the amount of 15 months’ salary at the rate of 2% per month, if the procedure has been completed in that period.