June 23rd, 2026
On June 19, the “General Agreement No. 6/2026, ordering the deferral of the issuance of rulings in direct amparo proceedings and in amparo review proceedings heard by the Collegiate Circuit Courts, as well as in conflicts of criteria before the Regional Plenary Courts, in which the issue of constitutionality subsists with respect to Article 29, penultimate paragraph, of the Decree amending, supplementing, and repealing various provisions of the Law of the Institute of the National Housing Fund for Workers and of the Federal Labor Law, concerning housing with a social orientation, published in the Official Gazette of the Federation (Diario Oficial de la Federación) on February twenty-first, two thousand twenty-five”, issued by the Plenary of the Supreme Court of Justice of the Nation (Suprema Corte de Justicia de la Nación) (SCJN), was published in the Official Gazette of the Federation.
The Agreement provides that the Collegiate Circuit Courts (in direct amparo proceedings and amparo review proceedings) and the Regional Plenary Courts (in conflicts of criteria) must continue processing the respective matters until they are ready for resolution; however, they must defer the issuance of judgment until the Plenary of the High Court establishes the corresponding legal criterion and issues the respective Plenary General Agreement, upon resolving amparo review 232/2026, in which the constitutionality of Article 29, penultimate paragraph, of the INFONAVIT Law is challenged.
The provision whose constitutionality is being challenged corresponds to the amendment published on February 21, 2025, which amended Article 29, penultimate paragraph, of the INFONAVIT Law to establish that the employer’s obligation to withhold from workers’ wages the amounts intended to amortize the loans granted by the Institute is not suspended due to absences or periods of medical disability under the terms of the Social Security Law. In practice, this means that the employer remains obligated to remit such amortization payments even when there is no wage that may serve as the basis for making the corresponding withholding.
General Agreement 6/2026 was approved by the Plenary of the Supreme Court of Justice of the Nation in a private session held on June 9, 2026, and published in the Official Gazette of the Federation today. In accordance with its First Transitory Provision, it entered into force on June 20, 2026.
For companies and employers with ongoing proceedings, the immediate consequence is that the ruling will be deferred until the Plenary of the SCJN defines the applicable legal criterion, even where favorable first-instance rulings exist.
The attorneys of the social security practice area remain at your disposal to advise you on the analysis of this Agreement and its implications.
SINCERELY
Gil Zenteno
Gabriela Méndez
Jesús Carmona