Foreign Workers In Mexico Can Recover Social Security Quotas (Afore, Infonavit And IMSS)

On November 13, 2020, a jurisprudence on labor matters was published in the Federal Judicial Weekly, which establishes that foreign workers who have provided their services in Mexico and who during said stay have made, due to their employment relationship, contributions to their account deposited in the “Retirement Fund Manager” (Afore), as well as the housing subaccount (Infonavit) and the retirement, unemployment in old age and old age sub-account of the mandatory regime of the “Instituto Mexicano del Seguro Social” (IMSS), they, have the right to a refund when leaving the country.

In said jurisprudence, a meticulous analysis of various legal provisions was carried out and the judicial authority determined that it is necessary to give differentiated treatment to foreign workers who come for a certain time to work in our country and subsequently leave it permanently, to achieve substantive equality in terms of the provisions of the First Article of the Constitution, since in the case of Mexican workers, they have the opportunity to continue contributing and access said resources that are their property.

It is important to mention that before this jurisprudence published in recent days, there was already an isolated thesis that established the possibility that foreigners could claim the return of said resources, however, this thesis was the subject of a contradiction by part a “Collegiate Circuit Court” who considered that this measure would weaken the structure of the ‘Savings for Retirement’ System (SAR), so that through this jurisprudence, as a result of a contradiction in the thesis, it was determined that it should prevail the criterion previously exposed because it is a measure to generate substantive equality between Mexican and foreign workers.

Given this, it should be noted that the team of the Labor and Social Security Area of Vega, Guerrero & Asociados, is currently supporting various foreigners from some of the companies for which the firm works, so in case of requiring legal support in this type of matter, do not hesitate to contact us. 

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Remember, this process is only for people who used to work in Mexico or its working in Mexico but its about to leave the country to work in another country or return to their nation.


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