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Precedents · Commented

CriticalLabor and social security

Acting in a higher-paid role entitles the worker to that role's pay

Wage differences. Payment is owed when the worker designated as acting officer effectively and continuously performs the duties of a higher, better-paid position, even if the definitive appointment was never formally granted.

Official heading (Spanish): DIFERENCIAS SALARIALES. PROCEDE SU PAGO CUANDO LA PERSONA TRABAJADORA DESIGNADA COMO ENCARGADA DEL DESPACHO REALIZA DE MANERA EFECTIVA Y CONTINUA LAS FUNCIONES DE UN PUESTO SUPERIOR MEJOR REMUNERADO, AUN CUANDO NO SE LE HAYA OTORGADO FORMALMENTE EL NOMBRAMIENTO DEFINITIVO.

The ruling

An employee sued the Federal Electricity Commission for wage differences after being named acting officer in a higher position without receiving the corresponding pay. The labor authority ruled for the employer. The Collegiate Circuit Court granted the amparo: if the duties of the higher role are performed effectively and continuously, wage differences are owed even without a formal appointment.

Our take

Substance over form prevails again. Naming someone 'acting' to avoid paying the role's salary does not protect the employer if the person does the job effectively and continuously. The case involves a state-owned company, but the reasoning applies in the private sector to prolonged interim assignments. We recommend setting a time limit on acting roles, documenting the duties actually assumed, and deciding promptly whether to appoint, compensate or return the person to their original role. Open-ended arrangements are what create the liability.

What to do

  • Set a written maximum term for every acting appointment.
  • Pay a temporary differential when the assignment involves the full duties of the higher role.
  • Review current interim assignments and quantify any accrued wage differences.

Details

Court
Collegiate Circuit Court
Type
Isolated precedent
Identifier
I.4o.T.9 L (12a.)
Digital registry
2032378
Published
July 3, 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.