Ruling on calculation of back wages

June 17 th , 2016.

Dear clients and friends,


As you are aware, following the labor reform of November 2012, the calculation of back wages (wages generated from the date of dismissal of an employee until the date on which the judgment is enforced, including all those generated during the trial) was limited, establishing that they would be paid up to a period of twelve months, and after that period 2% interest would be generated on the basis of fifteen months of wages capitalized at the time of the payment. In this respect uncertainty was generated since the manner in which the mentioned interest should be calculated was not clear, nor what the concept "capitalized" referred to.



This past June 6 th , the Plenary of the Sixth Collegiate Court in Labor Matters of the First Circuit issued the following rulingresolving conflicting decisions establishing the form in which the interest of two percent on the basis of fifteen months of wages should be calculated.


For more information, please contact our experts:


Javier Lizardi, Partner:


+ 52 (55) 5258-1021, jlizardi@vwys.com.mx 


Rodolfo Trampe, Partner:


+ 52 (55) 5258-1054, rtrampe@vwys.com.mx 


Alix Trimmer, Associate:


+ 52 (55) 5258-1016, atrimmer@vwys.com.mx 


Kindest regards,