What are payroll credits with delegated collection and what risks would they entail for the worker

Since the Chamber of Deputies generally approved the regulation of payroll credits with delegated collection, there has been a public discussion about the rights of workers, as the minimum principles of remuneration they receive in exchange for the services granted to the employer could be violated.

Last Thursday, March 17, with 237 votes in favour, 18 abstentions and 201 against, the Q4 promotion bench in San Lázaro approved to reform the general laws on credit securities and operations, organizations and activities auxiliary to credit, and the Law on the Protection of the User Protection of Financial Services, with which payroll credits with delegated collection would be regulated.

In this reform, it was defined as Payroll Credit with Delegated Collection when the credit opening agreement agrees on the obligation of person applying for the loan by issuing a payment order for a third party (the employer) to make all such payments from one or more of the payment sources.

It points out that only accrued wages derived from the employment relationship of the accredited person, extraordinary labor perceptions, compensation of an equal nature and related concepts will be sources of payment, as well as accrued fees equivalent to salaries.

This means that the settlement of the debt will be expressly paid to workers: salary, bonus, commissions, profits, etc. and those loans will now be regulated by the State, that is, they will comply with strict regulation so that these loans continue to occur. This regulation also applies to guarantee the collection of these credits.

The parliamentary discussion lasted a few hours, as the legislators of the so-called parliamentary opposition condemned that the Mexican State intervened in the regularization of these loans to guarantee payment based on the remuneration that employers make to employees; that is, they condemned that the salary of workers are committed to repaying loans to large entrepreneurs.

According to the benches of the PAN, PRI, PRD and MC, this contravenes Article 123 of the Political Constitution of the United Mexican States (CPEUM), in addition to violating Articles 99 and 100 of the Federal Labor Law (LFT), which establish the “inalienable right to receive wages” and to have it paid” directly to the worker”.

However, the banks of Morena, PT and PVEM said that this is already the case today and what they intend is for these loans to be regulated by the State and, as long as there is legal certainty to regulate them, workers will benefit.

Even with these conflicting arguments, Ricardo Monreal, coordinator of the Morena bench in the Senate of the Republic, said that prudence and social and historical perspective will be carried out in the ratification of this initiative, because it assured that the wage, the establishment of a minimum wage and the decent payment for providing services is a conquest of the working class that is almost a century old, so it assured that its bench will act in accordance with these values to benefit workers.

The discussion continues in the federal legislature, as ratification by the Senate is lacking for this reform to be enacted; however, the immediate consequence of this initiative being approved will have an impact on the economy of formal employees who receive a lower salary, as this implies a lower capacity to pay and a greater risk of not being able to pay.

“We respect the legislative work of the Chamber of Deputies, and that is why we will seek to meet with its members, to generate the necessary agreements and consensus, in order to provide workers with a legal system that ensures that they strengthen their heritage”, explained Dr. Monreal Ávila in an article.

Thus, it is expected that the concept of compulsory payment of payroll credits with delegated collection will be modified or regulated in favor of the working classes; however, in its publication, the president of the Political Coordination Board (Jucopo) of the Senate does not assure that this will happen.

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