Designation of workers’ beneficiaries.

In accordance with the 2019 reform of the Federal Labor Law (LFT), in which section X of article 25 was added, establishing the designation of beneficiaries of the worker, the fraction is transcribed as follows:

“Article 25. – The letter setting out the working conditions shall contain: ….

X. The designation of beneficiaries referred to in article 501 of this Law, for the payment of wages and benefits accrued and not collected upon the death of workers or arising from their death or disappearance as a result of a criminal act.”

As noted, it is one of the elements that individual employment contracts must contain, in every workplace. Noting that reference is made only to wages, benefits accrued and not collected by the worker at the time of his death or disappearance resulting from a criminal act. It is important to return to the final part of section X: “disappearance derived from a criminal act”, which is a fact of the social reality in which we live and which was added to this fraction, however, such disappearance must be verified by the relevant authority.

Also, in section X, reference is made to article 501 of the LFT, which states the following.

Article 501. – They shall be entitled to compensation in cases of death or disappearance resulting from a criminal act:

1. A widow or widower, a child under the age of eighteen and a child over the age of eighteen if he or she has a disability of fifty per cent or more, as well as children up to the age of twenty-five who are studying at a school in the national education system; ….
2. The ascendants shall concur with the persons mentioned in the previous section …
3. In the absence of a surviving spouse, the person with whom the worker lived as his or her spouse during the five years immediately preceding his or her death, or with whom he or she had children, shall concur with the persons mentioned in the two previous fractions…
4. Persons who depended economically on worker
5. In the absence of the persons mentioned in the previous fractions, the Mexican Social Security Institute.

So the designation of beneficiaries by the worker in the individual employment contract is only for the payment of wages, benefits accrued and not received by the worker at the time of his death or disappearance as a result of a criminal act and compensation if applicable, but not for social security where the provisions of the relevant law must be considered.

In Bandala, Díaz, García we have years of experience in cases of subjects: Fiscal, Mercantile, Accounting, Labor and Administrative; so, we are at your disposal for any doubt about it.

LEGAL NOTICE

The main purpose of this information is to provide guidance to the general public. It does not replace the provisions of applicable law. Nor does it replace the specialized legal advice or consultancy that can be offered by any of the lawyers and/or accountants of Bandala | Díaz | García