Pre-Trial Conciliation in old age and retirement pensions. A proposal to amend the Federal Labor Law.

Abstract

The 2019 reform to the Federal Labor Law established mandatory pre-litigation conciliation as a prerequisite to judicial proceedings for resolving labor and social security disputes; however, it failed to include disputes arising from pensions for advanced-age unemployment and old age among the exceptions to this stage—a position confirmed by the Second Chamber of the Supreme Court of Justice of the Nation in precedent 2a./J.19/2022. This article analyzes the legal feasibility of amending the Federal Labor Law to include such disputes among the exceptions to mandatory pre-litigation conciliation. The study concludes that the proposed reform guarantees effective protection of the social security rights of the elderly population.