The Plenary of the Supreme Court of Justice of the Nation (SCJN) endorsed the constitutionality of the cap on collection of commissions outside.
Under the presentation of the minister Yasmín Esquivel Mossathe constitutionality of article 37 of the Retirement Savings Systems Law.
The minister explained that the Retirement Savings System Its main objective is to protect workers and their resources.
With this decision, it is validated that workers cannot be charged commissions that exceed the maximum established by the Governing Board of the National Commission of the Retirement Savings System.
He Full of the Supreme Court of Justice of the Nation determined the constitutionality of article 37 of the Law of the Retirement Savings Systemswhich regulates the commissions that can be charged by outside for the services they provide to workers, this is due to the reform of this provision in 2020 to establish a maximum for this payment.
A Afore filed an indirect amparo lawsuit against this legislative modification, and a District Judge granted the amparo, estimating that the provision violated the legitimate trust of the recipients of the norm and the freedom of trade, by establishing rules for companies without following the elements of the national market.
Dissatisfied, the Executive Federal and the National Commission of the Retirement Savings System They filed an appeal for review, which resolved the SCJN with a proposal from the minister Esquivelwho explained that the Savings System for him Withdrawal Its main objective is to protect workers and their resources.
In that sense, the regulations that govern the Afore cannot be examined from the perspective of the free market and, consequently, the agents that operate in this area do not have total autonomy to operate under free competition, especially when this amounts to charging commissions that are excessive to the detriment of the workers, since these are the resources for their retirement.
With this ruling, the minister indicated, social security rights are protected in terms of the protection of people in old age, by safeguarding the financial resources of workers and empowering them for the future.