Aguascalientes public employees: social security dues run until reinstatement
Social security contributions. They must be paid and remitted by the public employer from the date of unjustified dismissal until the date reinstatement actually takes place (Aguascalientes legislation).
Official heading (Spanish): CUOTAS DE SEGURIDAD SOCIAL. DEBEN PAGARSE Y ENTERARSE POR LA ENTIDAD PÚBLICA PATRONAL DESDE LA FECHA DEL DESPIDO INJUSTIFICADO HASTA AQUELLA EN LA QUE SE MATERIALICE LA REINSTALACIÓN (LEGISLACIÓN DEL ESTADO DE AGUASCALIENTES).
The ruling
An employee sued an Aguascalientes state agency for reinstatement and payment of social security contributions. The agency argued that the six-month cap on back pay under article 28 Bis of the local Civil Service Statute should also limit the contributions. The Collegiate Circuit Court disagreed: contributions are owed from dismissal until reinstatement actually occurs.
Our take
The court separates two items that employer defense often lumps together: back pay and social security contributions. The statutory cap applies to the former; the latter are tied to the constitutional right to health and cannot be capped the same way. The ruling is local and limited to public employment, but its constitutional reasoning can travel to other regimes. For any public employer, every month of delay in reinstatement keeps generating cost even after the back-pay cap is exhausted. That liability should be budgeted when the case is lost, not when the award is enforced.
What to do
- Quantify capped back pay and uncapped social security contributions separately for each employment contingency.
- Expedite actual reinstatement once the award is final to stop contributions from accruing.
- Check whether this reasoning is being raised under other state civil service statutes where you litigate.
Details
- Court
- Collegiate Circuit Court
- Type
- Isolated precedent
- Identifier
- XXX.4o.4 L (12a.)
- Digital registry
- 2032052
- Published
- April 24, 2026
- Area
- Labor and social security
- View official source ↗
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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.