Unaffiliated companies will be penalized
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Unaffiliated companies will be penalized
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The National Fund Institute for Workers’ Consumption, also known in Spanish as “El Instituto del Fondo Nacional para el Consumo de los Trabajadores”, or “INFONACOT”, was created as a public entity in order to offer financing to workers so that they may obtain goods and services at a competitive market rate.

On April 4, 2024, the Official Gazette of the Federation, [in Spanish: DOF], published a decree that amends Section III of Article 994 of the Federal Labor Act, [in Spanish: la Ley Federal del trabajo], which is quoted verbatim:

Article 994. …

III. From 50 to 1,500 Units of Measure and Update for an employer who does not comply with the obligations as indicated in Article 132, Sections IV, VII, VIII, IX, X, XII, XIV, XXII and XXVI BIS;

In accordance with the decree that will come into effect as of April 5, 2024, employers will receive a penalty from 50 to 1,500 UMAs for not enrolling workplaces, for which reason UMA values published in February 2024 for this amount will be from $5,428.50 to $162,855.00 Mexican pesos.

What authorities will be empowered to enforce a penalty for not complying with the decree?

According to Article 1008 of the Federal Labor Act, the empowered official will be the Secretary of the Department of Labor and Social Services, [in Spanish: el secretario del Trabajo y Previsión Social], the governors of each state, or the Head of Government for Mexico City, all of whom in turn will delegate the activity to the subordinate officials who are deemed appropriate at the local and federal level.

How do I comply with this obligation?

The National Fund Institute for Workers’ Consumption, (INFONACOT), through electronic media, has activated a microsite that will allow employers to start and finish affiliation in the workplace.

Within the requirements, the institute will request:

  • The Taxpayer ID Number, [in Spanish: RFC], of the workplace
  • The e-signature of the employer and legal representative
  • The Articles of Incorporation for legal entities
  • Proof of having initiated operations with the Tax Administration Service [in Spanish:  SAT] 
  • Official identification of the legal representative
  • Proof of residence that is not older than three months that states the name of the workplace
  • Power of attorney of the person who is empowered to carry out this procedure

 

Thank you for your attention, and a reminder that as always our personnel in JA del Río are always at your disposal to assist you in matters concerning compliance in your company, and to offer you alternatives and solutions to address these regulations. 

Please contact us by e-mail at: contacto@jadelrio.com if you would like more information about our services.

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