IMSS Announces Facilities to Defer Payment of Worker-Employer Dues

Yesterday, the Mexican Social Security Institute announced that companies may defer payment of workers’ and employers’ dues for 12, 24 or up to 48 months, as a measure to reduce the impact on the business sector during the health emergency by SARS-COV2 (COVID-19).

The Technical Council of the IMSS agreed on a partial payment agreement to defer the payment of workers’ and employers’ dues and thus facilitate the correct payment of workers’ and employers’ dues, which is provided for in articles 40-C and 40-D of the Social Security Act.

Through this agreement, it is approved that the companies will initially cover 20 percent of the employer’s quota and 100 percent of the worker’s, the rest may be deferred up to a maximum of 48 months, as agreed by the parties.

Although the amount agreed in payment to partiality does not suffer any modification, being a payment received outside the legal deadlines, DOES GENERATE UPDATE AND SURCHARGES. The real benefit of this agreement is that the monthly interest rate ranges from 1.26% and 1.82% depending on the agreed period (12, 24 and up to 24 months) to defer payment of worker-employer dues.

It should be mentioned that no guarantees are required for the signing of the agreement, this under the authorization of the Technical Council Agreement number ACDO.AS2. HCT.300419/150.P. DIR, of 30 April 2019.

Companies that pay workers’ and employers’ dues in a timely manner may request the reduction of fines, in accordance with the provisions of the Agreement of H. Consejo Técnico 187/2003, published in the Diario Oficial de la Federación on 15 July 2003.

Furthermore, it should be recalled that article 31 of the Social Security Act provides for a discount of up to 7 days for absenteeism in the event of the absence of the worker in whose employment relationship the worker remains. During these days the quota corresponding to the Sickness and Maternity Insurance will be paid, he noted.

The IMSS explained that, in accordance with the declaration of health emergency due to force majeure decreed by the health authority due to the disease epidemic generated by the virus SARS-COV2 (COVID-19), the period between 31 March 2020 and the date on which the Technical Council determines that the causes which gave rise to it have ceased were defined as days unfit for the conduct of proceedings, proceedings, hearings, notifications or requests.

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