Refusal to arbitrate: employer owes back pay under article 48, not accrued wages
Accrued wages. They are not payable in the incidental proceeding for refusal to submit to arbitration, even when the main claim is reinstatement.
Official heading (Spanish): SALARIOS DEVENGADOS. NO PROCEDE SU PAGO EN EL INCIDENTE DE INSUMISIÓN AL ARBITRAJE, AUN CUANDO LA ACCIÓN PRINCIPAL SEA LA DE REINSTALACIÓN.
The ruling
A worker sued for reinstatement after an unjustified dismissal; the employer successfully raised the incidental proceeding for refusal to arbitrate. The labor authority ordered accrued wages from dismissal until the incidental ruling, plus twelve months of back pay. The Collegiate Circuit Court held that, under articles 48 and 947 of the Federal Labor Law, only back pay and interest are owed.
Our take
The ruling prevents double recovery: accrued wages for the incidental period plus back pay from dismissal. Once the refusal to arbitrate succeeds, the relationship ends and the calculation follows article 48: back pay capped at twelve months and, after that, interest on fifteen months of wages. For employers who choose not to reinstate where the law allows, this makes the cost predictable. The other side matters too: the twelve-month cap does not freeze the liability, because interest keeps running. Refusal to arbitrate works best paired with a plan to close the case quickly.
What to do
- If the refusal succeeds, object to any award of accrued wages between dismissal and the incidental ruling.
- Quantify exposure as back pay up to twelve months plus article 48 interest.
- Pair the refusal to arbitrate with a payment offer that allows an early close.
Details
- Court
- Collegiate Circuit Court
- Type
- Isolated precedent
- Identifier
- VII.2o.T.7 L (12a.)
- Digital registry
- 2032180
- Published
- May 22, 2026
- Area
- Labor and social security
- View official source ↗
Does this ruling affect your company? Let’s talk.
Schedule a conversationOther precedents in the same area
Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.