sensei
05/07/2019
LABOR REFORM 2019
The present day, May 1, 2019, Labor Day, the Decree of labor reform in compliance with the constitutional reform of 2017 and the international treaties T-MEC and ILO 98 has been published. This reform is addressed to the administration of justice, eliminating the Conciliation and Arbitration Boards, so that they are now Labor Courts, dependent of the Judicial Power, who resolve labor disputes, and where a new procedure to resolve labor disputes is determined, forcing the exhaustion of an instance prior conciliation before the Centers of Conciliation and, likewise, the reform is addressed to the collective world by requiring trade unions to accredit the representativeness of workers by personal, free and secret vote of these, obtaining a certificate of representativeness issued by the Federal Center of Conciliation and Labor Registry, which will be in charge of the registration of all the unions, collective agreements and labor regulations throughout the Mexican Republic.
However, since it is a major reform, involving a high economic budget, a qualified and trained human resource and, likewise, adjustments in various organic and secondary laws, its implementation will take time, which is why the Decree orders the next:
- That the trials already begun before the Conciliation and Arbitration Boards are followed up to their conclusion and under the procedure prior to the reform.
- That the trials that begin after the Decree, in the same way, are followed and concluded before the Conciliation and Arbitration Boards until the Labor Courts and the Conciliation Centers begin their functions.
- The Federal Labor Court and the Federal Center for Conciliation and Labor Registration, in their functions as a conciliatory body, must begin their functions no later than 4 years and the Local Labor Courts, meaning, those of each federal entity, together with the Local Conciliation Centers, should start no later than 3 years. No deadline is set for the Conciliation and Arbitration Boards to disappear, but it is ordered that they, within 120 days following the Decree, establish a plan to conclude the legal affairs before them.
- Within 180 days following the Decree, the Organic Law of Federal Center for Conciliation and Labor Registration must be issued.
- No later than2 years, the Federal Center for Conciliation and Labor Registration begin its functions with regard to the registration of trade unions and collective agreements.
- Within the year following the start of the functions of the Federal Center for Conciliation and Labor Registration in registry matters, all trade union registers, collective agreements and labor regulations of the entire Mexican Republic must be transferred to it.
- In order to fulfil with the obligation of the trade unions to prove their legitimacy to act, no later than August of this year, the Ministry of Labor and Social Security must issue a protocol to determine the way to validate the union’s representativeness through a Consultation for the review of collective agreements, in which the Federal Center for Conciliation and Labor Registration begins its work.
- From the entry into force of the Decree, if within four years has not been reviewed, at least once the collective bargaining agreement, it will be terminated.
- Once the Federal Center for Conciliation and Labor Registration begins its functions, all requests for signature or revision of collective agreements must have a certificate of representativeness issued by said authority, stating that it has the support of, at least 30% of unionized workers, in addition to consulting with them, through the established procedure, with personal, free and secret votes, and that they have a copy of the collective contract for their full knowledge.
As you may notice, we insist that the present reform implies an important economic budget, training people and creating the necessary organisms to implement it, therefore these times (maximum 4 years) are considered to carry it out.
On our side, we are at your service to resolve any concerns or queries and, likewise, we will shortly inform you of the dates and places where we will hold conferences to discuss the issue of the implementation of the labor reform, as well as the workshops or work tables that in particular each client will require to implement this reform.
LABOR REFORM 2019
sensei
05/07/2019
The present day, May 1, 2019, Labor Day, the Decree of labor reform in compliance with the constitutional reform of 2017 and the international treaties T-MEC and ILO 98 has been published. This reform is addressed to the administration of justice, eliminating the Conciliation and Arbitration Boards, so that they are now Labor Courts, dependent of the Judicial Power, who resolve labor disputes, and where a new procedure to resolve labor disputes is determined, forcing the exhaustion of an instance prior conciliation before the Centers of Conciliation and, likewise, the reform is addressed to the collective world by requiring trade unions to accredit the representativeness of workers by personal, free and secret vote of these, obtaining a certificate of representativeness issued by the Federal Center of Conciliation and Labor Registry, which will be in charge of the registration of all the unions, collective agreements and labor regulations throughout the Mexican Republic.
However, since it is a major reform, involving a high economic budget, a qualified and trained human resource and, likewise, adjustments in various organic and secondary laws, its implementation will take time, which is why the Decree orders the next:
- That the trials already begun before the Conciliation and Arbitration Boards are followed up to their conclusion and under the procedure prior to the reform.
- That the trials that begin after the Decree, in the same way, are followed and concluded before the Conciliation and Arbitration Boards until the Labor Courts and the Conciliation Centers begin their functions.
- The Federal Labor Court and the Federal Center for Conciliation and Labor Registration, in their functions as a conciliatory body, must begin their functions no later than 4 years and the Local Labor Courts, meaning, those of each federal entity, together with the Local Conciliation Centers, should start no later than 3 years. No deadline is set for the Conciliation and Arbitration Boards to disappear, but it is ordered that they, within 120 days following the Decree, establish a plan to conclude the legal affairs before them.
- Within 180 days following the Decree, the Organic Law of Federal Center for Conciliation and Labor Registration must be issued.
- No later than2 years, the Federal Center for Conciliation and Labor Registration begin its functions with regard to the registration of trade unions and collective agreements.
- Within the year following the start of the functions of the Federal Center for Conciliation and Labor Registration in registry matters, all trade union registers, collective agreements and labor regulations of the entire Mexican Republic must be transferred to it.
- In order to fulfil with the obligation of the trade unions to prove their legitimacy to act, no later than August of this year, the Ministry of Labor and Social Security must issue a protocol to determine the way to validate the union’s representativeness through a Consultation for the review of collective agreements, in which the Federal Center for Conciliation and Labor Registration begins its work.
- From the entry into force of the Decree, if within four years has not been reviewed, at least once the collective bargaining agreement, it will be terminated.
- Once the Federal Center for Conciliation and Labor Registration begins its functions, all requests for signature or revision of collective agreements must have a certificate of representativeness issued by said authority, stating that it has the support of, at least 30% of unionized workers, in addition to consulting with them, through the established procedure, with personal, free and secret votes, and that they have a copy of the collective contract for their full knowledge.
As you may notice, we insist that the present reform implies an important economic budget, training people and creating the necessary organisms to implement it, therefore these times (maximum 4 years) are considered to carry it out.
On our side, we are at your service to resolve any concerns or queries and, likewise, we will shortly inform you of the dates and places where we will hold conferences to discuss the issue of the implementation of the labor reform, as well as the workshops or work tables that in particular each client will require to implement this reform.
