sensei
18/10/2016

Amendment to Articles 107 and 123 of the Constitution
Last October 13, 2016, the Plenary Session of the Senate unanimously approved the opinion and amendments on the initiative to reform articles 107 and 123 of the Political Constitution of the United Mexican States.
As we have already communicated to you, the content of said Reform includes the following:
1.- Creation of Labor Courts in substitution of the Conciliation and Arbitration Boards so that, as organs that are part of the Judicial Power, they solve labor conflicts.
2.- Create an instance of mandatory conciliation in individual labor disputes, before going to court, which must be carried out before the Conciliation Centers at a local level and before a decentralized agency at the federal level, which formation is pending. The labor agreements concluded in said instance will have the status of res judicata.
3.- To leave in charge of the same federal decentralized agency mentioned in the previous point, the registration of all collective labor agreements and union organizations throughout the Mexican Republic.
4.- As a new point, it is provided that in order for a union to place a strike on an employer by signing a collective bargaining agreement, it must be proven that workers are represented. The vote of the workers for the solution of collective conflicts or election of their leaders must be personal, free and secret.
We emphasize this last point since it has been something that we have promoted, as what is sought is to eliminate the extortion suffered by several employers by unions that strike without really having the will of the workers.
However, this initiative must go to the Chamber of Representatives (Cámara de Diputados) for study, discussion and, where appropriate, approval and, subsequently, to the Legislatures of the States, as it is an amendment to the Constitution. On the other hand, the Federal Labor Law must also be amended in accordance with the provisions of these new constitutional provisions and to regulate each of its points.
By virtue of the foregoing, we consider that both the final legal framework and the implementation of this amendments, due to the multiple vicissitudes, will imply, at least, the course of the following year, in order to be valid and practical, in our opinion, until 2018.

Amendment to Articles 107 and 123 of the Constitution
sensei
18/10/2016
Last October 13, 2016, the Plenary Session of the Senate unanimously approved the opinion and amendments on the initiative to reform articles 107 and 123 of the Political Constitution of the United Mexican States.
As we have already communicated to you, the content of said Reform includes the following:
1.- Creation of Labor Courts in substitution of the Conciliation and Arbitration Boards so that, as organs that are part of the Judicial Power, they solve labor conflicts.
2.- Create an instance of mandatory conciliation in individual labor disputes, before going to court, which must be carried out before the Conciliation Centers at a local level and before a decentralized agency at the federal level, which formation is pending. The labor agreements concluded in said instance will have the status of res judicata.
3.- To leave in charge of the same federal decentralized agency mentioned in the previous point, the registration of all collective labor agreements and union organizations throughout the Mexican Republic.
4.- As a new point, it is provided that in order for a union to place a strike on an employer by signing a collective bargaining agreement, it must be proven that workers are represented. The vote of the workers for the solution of collective conflicts or election of their leaders must be personal, free and secret.
We emphasize this last point since it has been something that we have promoted, as what is sought is to eliminate the extortion suffered by several employers by unions that strike without really having the will of the workers.
However, this initiative must go to the Chamber of Representatives (Cámara de Diputados) for study, discussion and, where appropriate, approval and, subsequently, to the Legislatures of the States, as it is an amendment to the Constitution. On the other hand, the Federal Labor Law must also be amended in accordance with the provisions of these new constitutional provisions and to regulate each of its points.
By virtue of the foregoing, we consider that both the final legal framework and the implementation of this amendments, due to the multiple vicissitudes, will imply, at least, the course of the following year, in order to be valid and practical, in our opinion, until 2018.