On February 21, 2025, the Decree amending, adding, and repealing various provisions of the Law of the Instituto del Fondo Nacional de la Vivienda para los Trabajadores ("INFONAVIT Law") and the Federal Labor Law, regarding socially oriented housing, was published in the Official Gazette of the Federation. Since its publication, we have maintained that the INFONAVIT Reform is unconstitutional, particularly concerning the amendment of Article 29 of the INFONAVIT Law.
On February 21, 2025, the Decree amending, adding, and repealing various provisions of the Law of the Instituto del Fondo Nacional de la Vivienda para los Trabajadores ("INFONAVIT Law") and the Federal Labor Law, regarding socially oriented housing (hereinafter, the "INFONAVIT Reform"), was published in the Official Gazette of the Federation. Since its publication, we have maintained that the INFONAVIT Reform is unconstitutional, particularly concerning the amendment of Article 29 of the INFONAVIT Law, as it imposes an undue economic burden on employers by requiring them to cover, with their own resources, the loans granted by INFONAVIT to their workers during their absences or disabilities.
Recently, INFONAVIT published a criterion on its official portal stating, among other things, that employers will not be required to cover amounts that could not be deducted in these cases. Although this criterion has generated interpretations regarding whether the issue of unconstitutionality arising from the INFONAVIT Reform has been resolved, we believe that the impact persists. This is because the publication by INFONAVIT constitutes an internal criterion that is not binding, meaning it is not of mandatory application, and its publication does not modify the content of the reformed Law.
Additionally, said criterion could be revoked at any time, allowing the authority to demand strict compliance with the Law and, thereby, impose the aforementioned economic burden on employers. Consequently, we consider that the amparo proceeding remains the appropriate means to challenge the unconstitutionality of the amendment to Article 29 of the INFONAVIT Law, as this procedural route will allow employers to obtain a resolution, either from a Judge or from the authority itself when rendering its report within the proceeding, that provides them with legal certainty regarding the fulfillment of their obligations, thus avoiding a potential economic impact resulting from the application of the INFONAVIT Reform.
