Federal judiciary strike does not extend the labor claim limitation period
Limitation of labor actions. The suspension of work and deadlines ordered by bodies of the Federal Judiciary does not extend the period provided in articles 516 and 522 of the Federal Labor Law.
Official heading (Spanish): PRESCRIPCIÓN DE LA ACCIÓN LABORAL. LA SUSPENSIÓN DE LABORES Y DE PLAZOS DECRETADA POR ÓRGANOS DEL PODER JUDICIAL DE LA FEDERACIÓN NO PRORROGA EL TÉRMINO PREVISTO EN LOS ARTÍCULOS 516 Y 522 DE LA LEY FEDERAL DEL TRABAJO.
The ruling
A labor court held that a worker's claim, filed after the one-year period in article 516 of the Federal Labor Law, was time-barred. The worker argued that the Federal Judiciary's work stoppage and suspension of deadlines extended the period. The Collegiate Circuit Court held that those measures have purely procedural effects and do not change the limitation period.
Our take
Limitation is substantive and runs through non-business days; only article 522 moves the deadline to the next business day if the last day falls on a non-business day. The ruling favors employers who raised limitation against claims filed after the judicial strike. Its scope has a nuance: it addresses suspensions ordered by Federal Judiciary bodies, not necessarily the closure of the labor court where the claim had to be filed. Check case by case which body suspended work and whether that actually prevented filing.
What to do
- Review claims filed after the judicial strike and raise limitation where the period expired.
- Check which body suspended work and whether the competent labor court remained open.
Details
- Court
- Collegiate Circuit Court
- Type
- Tesis Aisladas
- Identifier
- 2032133
- Digital registry
- XXX.4o.5 L (12a.)
- Published
- May 15, 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.