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Precedents · Commented

ImportantLabor and social security

A labor court's fine can be stayed while the amparo is pending

Provisional suspension. It is available against a fine imposed as an enforcement measure on one of the parties in a labor proceeding.

Official heading (Spanish): SUSPENSIÓN PROVISIONAL. PROCEDE CONTRA LA MULTA IMPUESTA COMO MEDIDA DE APREMIO A UNA DE LAS PARTES EN UN PROCEDIMIENTO LABORAL.

The ruling

Collegiate Circuit Courts disagreed on whether a provisional stay is available against a fine imposed as an enforcement measure in a labor proceeding. The Regional Plenary Court ruled, in binding precedent (jurisprudencia), that it is, solely to prevent collection until the definitive stay is decided: the labor case continues, and the court keeps other enforcement tools under article 731 of the Federal Labor Law.

Our take

For employers sued in labor courts, this gives a concrete tool: a questionable fine no longer has to be paid first and argued later. The Plenary Court is careful, since the case continues and the court can use other enforcement measures. A stay is therefore no license to ignore court orders. Its value lies elsewhere: it separates the fight over the fine's legality from compliance on the merits. In our experience, enforcement fines are often imposed with thin reasoning, which makes them vulnerable in indirect amparo.

What to do

  • When fined as an enforcement measure, assess an indirect amparo and request a provisional stay immediately.
  • Keep complying with the underlying order to avoid further enforcement measures under article 731.
  • Review the fine's reasoning and amount as grounds for the amparo claims.

Details

Court
Regional Plenary Courts
Type
jurisprudencia
Identifier
PR.P.T.CS. J/24 L (12a.)
Digital registry
2032577
Published
August 28, 2026
Area
Labor and social security
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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.