Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
A new decree, published in the Official Gazette on August 25, 2017, amends several provisions regarding the imposition of employer fines for non-compliance with Mexico's INFONAVIT law. The Instituto del Fondo Nacional de la Vivienda para los Trabajadores (INFONAVIT) is the federal institute that requires employers in Mexico to withhold a percentage of an employee’s salary to fund a housing benefit. The recent amendments to the law implementing this benefit took effect on August 28, 2017.
The most important changes are:
- The fines will be imposed using a metric known as “Updated Metric Unit” (“UMA” for its acronym in Spanish), which currently is measured at $75.49 per diem. The UMA (which stands for “Unidad de Medida Actualizada”) will be replacing the general minimum wage, which was the former metric.
- Worker complaints can be filed electronically. Prior to these amendments, complaints could be submitted only in written form.
- It is now considered a violation of the law to prevent or obstruct authorities from conducting a document inspection.
- Failure to provide information required by law, regulations or applicable guidelines within the required timelines and through the established means and methods is deemed a violation of the law.
- Personnel designated to impose fines will be authorized under the INFONAVIT’s internal regulations.