CDMX - MTY - QRO - LEÓN

Mexico City

Gil Zenteno
(52 55) 52 61 05 22
zenteno@basham.com.mx


Gerardo Nieto
(52 55) 52 61 04 55
nieto@basham.com.mx

Jorge De Presno
(52 55) 52 61 04 42
jorgedepresno@basham.com.mx


Álvaro González-Schiaffino
(52) (81) 13 40 88 20
agonzalez@basham.com.mx

Monterrey

David Puente
(52 81) 82 99 30 08
dpuente@basham.com.mx


Social Security

Our Experience

In Social Security matters, we join our clients' work team in order to optimize response times in the attention and follow-up of the matters entrusted to us.

We know how important it is for our clients to defend their interests against acts of authorities such as IMSS and INFONAVIT, representing them in important litigation, whose resolutions are part of thesis and jurisprudence issued by the Supreme Court of Justice of the Nation, Collegiate Courts and the Federal Court of Tax and Administrative Justice.

We maintain close communication and interaction with IMSS and INFONAVIT authorities, Employers' Chambers and professional associations that allow us to be updated on social security criteria and regulations.

Our lawyers have extensive experience in the field, whose professional trajectory has always been linked to the areas of affiliation, incorporation, collection and auditing of IMSS, INFONAVIT and the National Commission of the Retirement Savings System (Comisión Nacional del Sistema de Ahorro para el Retiro) employers. We also participated in the implementation and operation of the new pension system, effective as of 1997, through the Retirement Fund Administrators (Afores).

Consulting

  • Preventive and corrective advice on compliance with employer obligations.
  • Analysis of the integration of payments and different labor benefits for the contribution base salary.
  • Review of the cases of occupational accidents, occupational diseases and disabilities to be taken into account for the determination of the percentage of the premium to be covered by the occupational risk insurance.
  • Analysis of disability certificates and reports, as well as advice on the filling out of work accident forms (ST'S).
  • Advice to individuals on pension applications, disposition of resources before AFORES, homonyms and duplicity of social security numbers (NSS).
  • Analysis of individual account statements issued by AFORES
  • Preparation, presentation and follow-up of applications for the opening of employer registrations, classification and/or reclassification of company activities and cancellation or closure of employer registrations.
  • Review of the origin of the withholding notices of discounts for loans granted by INFONAVIT to employees of the companies
  • Preparation and follow-up of requests for reimbursement of quotas paid without legal justification
  • In construction, review of construction contracts and validation of compliance with employer obligations contained in the Regulations of the Compulsory Social Security for Construction Workers for construction work or a specific period of time.
  • Review of outsourcing contracts for personnel services and outsourcing for due compliance with the provisions of the Social Security Law and the INFONAVIT Law.

IMSS/INFONAVIT administrative procedures

  • Attention and follow-up of seizure and collection procedures.
  • Submission of guarantees for the suspension of the administrative enforcement procedure
  • Attention and follow-up of requests for cancellation of tax credits.
  • Attention to and follow-up of audits and auditing procedures (review of the report, self-correction, desk review and letters of invitation to regularize payment of employer contributions).

Litigation

  • Administrative Appeals (IMSS/INFONAVIT)
  • Nullity Proceedings (TFJFA)
  • Amparo Proceedings
  • District Courts
  • Collegiate Courts