Several defendants held liable: the worker's subsistence amount is set only once
Suspension in direct labor amparo. Where several parties are held liable, the worker's subsistence amount is a single sum and must not be set separately for each of them.
Official heading (Spanish): SUSPENSIÓN EN AMPARO DIRECTO LABORAL. EL MONTO DE SUBSISTENCIA DE LA PARTE TRABAJADORA, CUANDO EXISTE PLURALIDAD DE PERSONAS CONDENADAS, ES UNO SOLO Y NO DEBE FIJARSE INDIVIDUALMENTE POR CADA UNA DE ELLAS.
The ruling
In a labor case with several liable parties, one filed a direct amparo and obtained a suspension of the award, without a subsistence amount being set. The worker argued one should be set for each liable party. The Collegiate Circuit Court held that, under article 190 of the Amparo Law, there is a single subsistence amount, payable jointly, secondarily or by any of the liable parties.
Our take
The ruling matters where several companies are sued together: the formal employer, the service recipient, another group entity. Subsistence does not multiply with the number of liable parties; it is a single sum to support the worker while the amparo is pending. For corporate groups this simplifies the suspension, but it also means any liable entity may be pursued for the full amount. We recommend coordinating amparo strategy among the defendants and agreeing internally who covers subsistence, so enforcement does not land on the entity with the most visible assets.
What to do
- Coordinate amparo filings and coverage of the subsistence amount across group companies.
- Object to any attempt to set a separate subsistence amount for each liable party.
- Document internal reimbursement agreements among defendants for amounts each one covers.
Details
- Court
- Collegiate Circuit Court
- Type
- Isolated precedent
- Identifier
- III.1o.T.8 L (12a.)
- Digital registry
- 2032682
- Published
- September 25, 2026
- Area
- Amparo and constitutional
- 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.