Severance for unjustified dismissal uses the salary at the time of payment
Salary for payment of constitutional severance. A settlement incident must be opened to set the salary applicable at the time of payment, under article 48, first paragraph, of the Federal Labor Law.
Official heading (Spanish): SALARIO PARA EL PAGO DE LA INDEMNIZACIÓN CONSTITUCIONAL. DEBE ORDENARSE LA APERTURA DEL INCIDENTE DE LIQUIDACIÓN PARA FIJAR EL SALARIO QUE DEBA CORRESPONDER AL MOMENTO DEL PAGO, CONFORME AL ARTÍCULO 48, PÁRRAFO PRIMERO, DE LA LEY FEDERAL DEL TRABAJO.
The ruling
An employee won a constitutional severance award, computed on his last salary. On direct amparo, the Collegiate Circuit Court held that article 48, first paragraph, of the Federal Labor Law requires using the salary applicable on the date of payment, and that the settlement incident under article 843 must be opened to set it.
Our take
This makes time more expensive. If the case lasts years and the position's salary rises meanwhile, the three-month severance is computed on the updated salary, not the one at dismissal. The court relies on the wording of article 48 and the pro-worker principle, and sets aside older Fourth Chamber precedents. For employers, this strengthens the case for resolving early and settling on realistic figures. It is an isolated precedent and other courts may read it differently; even so, reserves should reflect this scenario.
What to do
- Recompute labor litigation reserves using the position's salary at the expected time of payment.
- Factor this scenario into the evaluation of settlement offers.
- Document salary increases for the position for a potential settlement incident.
Details
- Court
- Collegiate Circuit Court
- Type
- Isolated precedent
- Identifier
- XXI.2o.C.T.2 L (12a.)
- Digital registry
- 2032605
- Published
- September 4, 2026
- Area
- Labor and social security
- View official source ↗
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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.