To Be Concise. The 2019 Labor Reform In Short.
The Labor Justice enforcement is transferred from the executive to the judicial branch. This will result in the gradual disappearance of the Local andFederal Conciliation and Arbitration Boards and the future creation of Labor Courts. While the Labor Reform became effective on May 1, the Boards will continue operating “normally” until the Labor Courts are not implemented.
A Conciliation Prejudicial Procedure is created.- Save the exceptions considered in the Federal Labor Act (like strikes and tenure demands), before filing labor claims (and trials), a conciliation procedure must have been exhausted; without it, it will not be possible to go to a labor court. This procedure will be addressed before a newly created body (of state or federal nature, based on competency of the business activity of the company). This procedure and obligation to exhaust it is not immediate either. It will be necessary to wait until the creation, implementation, and opening of the state conciliation bodies (at least one in each state) and the federal body.
Union Freedom, Transparency, and Democracy.
Centralization of the Union Registry and of Collective Bargaining Agreements in a Federal Body attached to the Executive Branch. The labor amendment has taken into account that a way to fight the union corruption completely and to promote the freedom of unions and their members is through the creation of this sole body at national level that will control in the entire country the granting and cancellation of union registrations and will maintain the control, deposits, and duration of the collective bargaining agreements signed between employers and unions. Following this logic, the states of the Mexican Republic will lose their jurisdiction and control of union issues and the federal body will have full power on them. It will take approximately four years before this Union RegistrationCenter is launched.
Additionally, new rules are established to incorporate a union, the renewal of their organization, accountability to its members, and internal elections.
Significant empowerment is given to workers in connection with their relationship with unions, particularly through a document called “Representation Certificate”that will be issued by the registration body mentioned above. This document will represent the statement of the workers (through their free and secret vote) so that a union can go on strike, demand the signature of a collective bargaining agreement, or demand the appointment of another union. The employees will have free access to the information about their union and their collective bargaining agreement. The possibility of having multiple unions in a single company is considered.
julio 24, 2019
julio 9, 2019