December 5, 2018
The Mexican Supreme Court just ruled that IMSS payments are required for all domestic workers. In a unanimous ruling, Mexico’s Supreme Court issued an amparo, (injunction), ordering the Mexican Social Security Institute (IMSS) to implement a pilot program in the first half of next year to ensure that domestic workers have access to the IMSS benefits they are now legally entitled to.
In this landmark ruling, our Supreme Court Justices ruled against the current~previous article of the federal Social Security Law that previously stated that paying benefits to domestic employees was voluntary. Under this latest SCJN ruling, IMSS benefits are now mandatory for all domestic workers.
The Supreme Court’s policy does not take effect until some currently undefined time next year, when IMSS creates the new pilot program & issues rules, publishing the requisitos & reglamentos in the D.O.F (Diario Oficial de la Federación).
For people unfamiliar with employer’s payments to IMSS (roughly 2.6% of the employee’s income**), IMSS benefits for employees include … ~medical coverage, … ~maternity, disability, retirement & injury benefits, … ~life insurance, … ~daycare services for working mothers … +plus the National Workers’ Housing Fund Institute, (as government housing & credit opportunities) for acquiring property; … and the Retirement Savings System and retirement funds administrators (AFOREs), which provide retirement and pension plans to Mexican workers.
The Judges of the Supreme Court’s second chamber determined that there is no constitutionally valid reason to exclude domestic workers from the mandatory social security scheme, because the current law is discriminatory.
**2.6% based on an accounting websheet offered by accountants:
* * * * * * *
More details on Mexican Labor Law can be found in our main article at:
* * * *
Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry
Read-on MacDuff . . .