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Supreme Court Blocks Cuts to Pay Labeled as “Nómina Complementaria”

The court returned the case to a lower tribunal, requiring a factual review that applies the primacy of reality, a gender perspective, the child's best interest

Overview

  • The Full Supreme Court revoked a lower court's denial of relief and sent the file back for a new decision that must follow the court's standards by a 7–2 vote.
  • The court ordered judges to use the principle of primacy of the reality, meaning they must decide whether a payment was made habitually, periodically and as part of work regardless of its formal name.
  • Coverage reports that the dispute began when a Unicach administrative worker stopped receiving an extra payment she had collected for nearly 17 years, said to be about 15,000 pesos a month.
  • The court told the lower tribunal to analyze evidence in detail, fully explain its reasoning, and explicitly consider gender perspective and the child's best interest when deciding if the payment integrates salary.
  • Legal experts say the ruling strengthens protection against unilateral pay cuts and could prompt more lawsuits over so-called extra payments; the court also recognized Maya communities' standing to challenge an environmental norm in Yucatán.