Under the Labor Case Law issued on November 13, 2020, through the Weekly Judicial Journal of the Federation, which establishes that "foreign workers" who have worked in Mexico, and made contributions to both their Individual Account (AFORE) and Housing Subaccount (INFONAVIT), are entitled to a refund of such amounts at the time they decide to leave the country.

This claim will be processed before the Federal Center for Labor Conciliation and Registration, if a conciliatory agreement is not reached with INFONAVIT and AFORE, a "No Conciliation Certificate" will be issued, to file a lawsuit and initiate the appropriate trial before a Federal Labor Court, to recover the contributions through a ruling issued by the Court's Judge.

It is worth mentioning that the implementation of the new Federal Labor Courts has allowed labor justice in Mexico to become more efficient for workers, the estimated time to reach a final ruling is approximately 8 months, from the Pre-judicial Conciliatory Proceeding to the final ruling.

If ruling is favorable, INFONAVIT and AFORE will be ordered to refund the accumulated social security contributions, either through a bank check, payment order, or cash in the name of the foreign worker, for which the latter must personally appear before the Court in to receive the awarded amount, under the provisions of art. 949 of the Federal Labor Law in force.

If you have any further questions feel free to contact us. We at J.A. DEL RIO have specialists that ready to assist you, we are available at the following e-mail: contacto@jadelrio.com