In the Contradiction of Thesis number 33/2019, issued by the Labor Plenary of the First Circuit, it was resolved that foreign workers have the right to the return of the resources accumulated in their individual account deposited in the Retirement Fund Administrator (AFORE), as well as the contributions to the housing sub-account fund, when they return permanently to their country of origin, without the requirements established in the Federal Labor Law (LFT) being enforceable.

The criteria of the Plenary in Labor Matters, considers that the accumulated amount of the resources of the retirement sub-accounts, unemployment at advanced age and old age, as well as that of housing, shall be delivered to foreign workers who return to reside in their country definitively. This, in order to fully safeguard their rights to social security and guarantee the real enjoyment of the social benefits they acquired with their work in our country.

These resources can be obtained through the special procedure established in Chapter XVIII of the LFT, since it is a conflict regarding social security.

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