The designation of beneficiaries of pensions is the main reason for labor disputes in Mexicoby concentrating 34 percent of the trials attended by the Federal Labor Prosecutor’s Office (Profedet) during the first two months of the year.
According to data from the Ministry of Labor and Social Welfare (STPS), between January and February 909 cases were resolved in Profedetof which 309 were related to the access to a pension.
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The rest of the lawsuits were filed due to labor disputes as layoffs unjustifiedpay of utilities, among other reasons. Also There are cases of non-compliance with employer contributions and benefits.
“This panorama reflects the growing concern of workers for secure your economic future when reaching old age, especially in a context where the pension system faces various challenges,” said Jorge Alcibar, labor lawyer.
The trials for appointment of beneficiaries they occur when A person dies and does not designate a family member to collect a pension.
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Howeverif there is no beneficiarythe Resources may be claimed by the spouse, children, parents or other relatives.as long as a series of conditions are met.
According to the law of IMSSspotlight, the spouse of the deceased worker will be able claim pensionbut if there is no record of marriage, then A person in common law or with whom a child was had, would be a creditor of the money. And if any of the aforementioned figures do not exist, then it will be the children of the deceased who will have the opportunity to withdraw the savings from the Aforebut only up to 16 or 25 years oldand who prove they have studied a degree or have a disability recognized by the IMSS.
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If there are no children either, then The parents or grandparents who are financially dependent on the account holder may keep the Afore resources. of the deceased.
“The low number of trials reflects the little knowledge about this benefit for the relatives of a deceased person,” he said. Enrique Escandonpension expert. He reiterated that with the reform of the pension system in 2020, we also sought to simplify this type of procedures, but so far there is no evidence that they are more easy either rapid.