Background on Infonavit and its Relevance
The Instituto del Fondo Nacional de la Vivienda para los Trabajadores (Infonavit) is a Mexican government-run housing finance institution that provides credit to workers for purchasing or constructing homes. It plays a crucial role in supporting the housing needs of Mexico’s workforce. As part of its operations, employers are required to deduct a portion of their employees’ salaries and contribute them to Infonavit for housing loans.
New Regulations and Employer Concerns
In February 2023, a reform to the Infonavit law introduced new rules stating that employers must continue salary deductions for workers’ Infonavit loans, even during labor incapacity or absence. This change was intended to ensure continuous loan repayments despite work interruptions.
However, this new obligation raised concerns among employers since the financing for labor incapacity is managed by the Instituto Mexicano del Seguro Social (IMSS), and workers do not receive salary payments during such periods. Consequently, employers were unsure about how to proceed with the salary deductions.
Infonavit’s Response and Delay
In March 2023, Infonavit issued the Criterios Normativos de Recaudación Fiscal, clarifying the new measure and outlining how deductions should be handled during incapacities and absences. Despite this, the document left room for a delay in compliance.
Infonavit acknowledged the need for “a reasonable period of adaptation” for employers to adjust their systems and processes accordingly. As a result, the institution decided to grant an additional timeframe for businesses to implement these changes.
Implementation Timeline
The new regulation will become enforceable starting with the July-August 2025 salary payments. Employers must ensure their systems can determine, execute, and remit the necessary salary deductions for Infonavit loan payments by no later than September 17, 2025.
Infonavit’s accommodating approach aims to allow employers sufficient time to make the necessary technological and process adjustments, ensuring a smooth transition under the modified Article 29 of the Infonavit law.
Impact of the Reform
Prior to the reform, salary deductions were suspended during labor incapacity or IMSS-issued leaves because workers’ income was covered by social security during those periods.
The new regulation mandates continuous salary deductions for Infonavit loans during incapacity or absence, potentially leading to disputes between employers and employees regarding unpaid credits. Moreover, non-compliance with these new rules might result in a negative compliance opinion from Infonavit, affecting a company’s eligibility to participate in the Registro de Prestadoras de Servicios Especializados u Obras Specializadas (Repse), a public registry managed by the Secretaría del Trabajo y Previsión Social (STPS) and a prerequisite for outsourcing services.
Key Questions and Answers
- What changes were introduced by the Infonavit reform? The reform mandates continuous salary deductions for Infonavit loans during labor incapacity or absence, unlike the previous practice of suspending deductions when workers’ income was covered by social security.
- Why did employers express concerns about the new regulation? Employers were uncertain about how to proceed with salary deductions since workers do not receive salary payments during labor incapacity, which is financed by the IMSS.
- What is Infonavit’s response to employer concerns? Infonavit granted an additional timeframe for businesses to adapt their systems and processes, ensuring a reasonable period of adjustment.
- When will the new regulation take effect? The new rules will be enforced starting with the July-August 2025 salary payments, with a deadline of September 17, 2025, for employers to implement the necessary changes.
- What are the potential consequences of non-compliance with the new regulation? Non-compliance might result in a negative compliance opinion from Infonavit, affecting a company’s eligibility to participate in the Repse registry and potentially impacting their ability to outsource services.
