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Recent Jurisprudence – Seniority Bonus. Payable Even if Unclaimed

September 19, 2014
Recent Jurisprudence – Seniority Bonus. Payable Even if Unclaimed

Recently, the Collegiate Court of Employment and Administrative Matters of the Fourteenth Circuit approvedlegal opinion number XIV.T.A.7 L (10a.), titled: “Seniority bonus. Such is payable even when it is not claimed ina lawsuit or in an amended petition, even if the nullification action to rescind the labor relationship does notprevail.” In said opinion, the Collegiate Court held that in accordance with the terms set forth in Mexico’sFederal Labor Law, the base seniority bonus of employees is triggered by the passage of time as payment for theyears worked for the company, and an employee’s separation from the labor relationship is sufficient to obtain it.Such bonus is payable notwithstanding the cause of termination (either with or without cause), because upon theoccurrence of such “the condition precedent to obtain payment of [the seniority bonus] has occurred,” even whenthe employee has not claimed it in a lawsuit or in his or her amended petition, because he or she has the right tosuch seniority bonus simply due to the fact that he or she was separated from employment.

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