Thursday, February 29, 2024

The Court approved that the wife and common-law wife can claim the widow’s pension

Written by NACIÓN on 1/31/2024 · 10:41 pm

The dispute between a wife and a concubine widow’s pension of an insured worker reaches the Supreme Court of Justice of the Nation (SCJN)after the court recognized the right of the concubine

However, this Wednesday, the Second Chamber of SCJN recognized that it issued various criteria in favor of the right of a concubine in the event of the death of an insured worker, but it did not limit the right of the widow to claim the widow’s pension

How did the case arise?

All this stems from a case filed on July 19, 2021, when a woman, representing her son, initiated a labor lawsuit against Postal Service of Mexico (SEPOMEX)demanded payment of PENSIONS of her deceased husband.

However, the Federal Labor Court of Individual Matters of the State of Tabasco, located in Villahermosa, granted this right to another person who presented himself as a concubine, saying that he lived with the worker during the last five years before his death, and who also had two children in common with him.

In the decision, the Court ordered to pay the wife’s son an amount of money for the deceased worker’s vacation, vacation bonus, bonus, and seniority bonus. This is why the wife filed a claim for protection.

What did the SCJN?

On September 28, 2023, the high court admitted the appeal for review with file number 6428/2023; He ordered its filing in the Second Chamber and handed it over to Minister Yasmín Esquivel Mossa for study and resolution.

The legal problem that Second Bedroom What needs to be resolved is to determine who should be declared the beneficiary of the deceased worker’s employment rights if the wife and the common-law wife claim such rights.

In this sense, the Chamber emphasizes that even if the recognition of a de facto relationship such as concubinage is valid, it does not negate the rights corresponding to the person who legally claims to be a wife.

Therefore, it determines that the existence of a cohabitation does not mean that the marriage loses the elements of assistance and unity that constitute it.

“Therefore, if the wife comes to claim the employment rights of the deceased worker, without noticing the legal dissolution of the marriage bond, it is not possible to deny her the widow’s pension in the face of the existence of a concubine who also claims the rights, in any case. case, the authority must determine if it is appropriate to give the benefits to two people proportionally,” the resolution reads.

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