The Congress of the Union approved this reform, which aims to establish specific sanctions for workplaces that do not affiliate with the National Fund for Workers’ Consumption, better known as FONACOT.
The reform establishes that employers who do not comply with this obligation will be subject to a fine ranging from 50 to 1500 times the current general minimum wage.
According to this reform, which modifies what is established in articles 132 and 994 of the Federal Labor Law, it is an obligation of the employer to affiliate the workplace with said institute, so that workers can be eligible for credit.
Additionally, this affiliation will be free and must be carried out within a period of 12 months from the day following the affiliation to the Social Security regime of the Mexican Social Security Institute.
Since 2018, legislators Arturo Pérez Ruiz and Manuel de Jesús Valdenebro presented an initiative before the Chamber of Deputies, which was approved one year later in the plenary and subsequently sent to the Senate.
After the initiative went through all legislative processes, it only remains to be published in the Official Gazette of the Federation to come into effect.
For an employer to register with FONACOT, among the fundamental requirements is that it be duly constituted under the current legal framework, be registered with the Tax Administration Service, and have the Social Security regime with the IMSS.
Additionally, they must submit their affiliation request through the digital system or in person at one of the branches of FONACOT.
This procedure must be carried out through the legal representative of the company who has the corresponding powers. Additionally, it is possible for these registrations and inscriptions to be made at all branches available to the company.
It is very important for all employers to take these new provisions into account in order to comply with them and avoid economic sanctions.
From the team at Vega, Guerrero & Associates, we are at your service to provide all the necessary support to register with FONACOT, as well as all those procedures inherent to employers in Mexico.
