The Second Chamber of the Supreme Court of Justice of the Nation (SCJN), on March 9, 2022, granted a direct amparo No. 18/2021 to a concubine and her minor son so that they could be recognized as beneficiaries of the labor rights of a deceased employee, since they were prevented from accessing said rights due to the fact that the employee was not divorced. The foregoing, considering that such a situation is a stereotype that puts women at a disadvantage, by recognizing only concubines whose partner is not married as beneficiaries.

With this protection, the need to initiate a special trial to identify the beneficiaries of the deceased employee becomes relevant, so that the labor authority determines who are the legitimate beneficiaries to dispose of the employee’s rights. Since, if this procedure is not exhausted, a payment to the person with whom the employee was married could occurred and subsequently a concubine may appear who, based on this SCJN’s precedent, would have also the right to receive a payment, so a double payment may take place.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. Please do not hesitate to contact us, we will be glad to provide the personalized legal advice that you require.