IMPORTANT CRITERIA ABOUT PTU

Protection was recently granted to the National Mining and Metallurgical Union “Frente”, by the Eight District Judge in Labor Matters of Mexico City, against the Decree that reforms article 127, section VIII, of the Federal Labor Law, which establishes a maximum limit to the amount of the profit sharing of the employees of three months of salary or the average of the participation received in the last three years, whichever is more favorable.

The Judge determined that said amended precept is unconstitutional since article 123 of the Constitution establishes the right to PTU of employees without setting a limit or authorizing its limitation by secondary law.

What effect does this protection criteria have?

The protection granted only benefits the Union promoting it so that the limit established for the payment of PTU does not apply to its represented workers.

However, there are other “amparo” lawsuits with the same intention, which could lead to jurisprudence being established and being determined unconstitutional for everyone to apply the limit to PTU payment.

In Diez de Bonilla, Kuri y Asociados, S.C. we will keep you informed and we are at your service for any questions or clarifications.