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sensei

12/08/2019



PROTOCOL FOR THE LEGITIMATION OF EXISTING WORK COLLECTIVE AGREEMENTS

This Protocol, issued by the Ministry of Labor and Social Welfare (hereinafter STPS, by its acronym in Spanish), entered into force on August 1, 2019 and will be in effect until the Federal Center for Conciliation and Labor Registration begins its registration and verification functions, that is within the next two years. Its purpose is to establish the rules and procedures for the legitimization of collective processed labor agreements deposited with the Conciliation and Arbitration Boards.

According to the Protocol, for the purposes of legitimizing a collective bargaining agreement, the union that holds the collective bargaining agreement must notify the STPS that it will consult the workers to determine if the majority endorses the collective bargaining agreement that it has entered into. The notice must be made electronically through the website, with an anticipation of 10 business days to the date of the consultation, in which it will be stated, that the information and documentation attached are reliable and truthful.

Once the union issues the call, it must be informed immediately by the employer. The employer will be obliged to grant the necessary facilities for the consultation to be carried out, as well as to give his workers a printed copy of the collective bargaining agreement, at least three business days before the date of the consultation. In the event that the employer does not comply with this obligation, the union may deliver it directly to its affiliates, at the cost of the employer, and give sight to the labor authority so that the corresponding fines are imposed.

It will be the union’s obligation to print the call, ballots and voting minutes generated through the electronic platform established by the STPS for this purpose. These formats will be the only ones authorized for the consultation procedure, so any documentation that has not been generated through the platform will be invalid.

To register the workers who cast their vote, the union will use the list of workers, which will contain, at a minimum, the full name and Unique Code of Population Registration of each worker with the right to vote. The list of workers with the right to vote will include workers affiliated with the union that is the holder of the collective contract subject to legitimation, excluding “trust workers” or who enter after the date on which the notice was submitted. Workers who have been laid off during the three months prior to the presentation of the notice will be part of the list, with the exception of those who have terminated their employment relationship.

However, to perform the consultation procedure, the union must meet the following requirements:

  1. The vote will take place on the day, time and place indicated in the call;

 

  1. Ensure that the place designated for voting is accessible to workers and meets the necessary conditions for them to cast their vote in a personal, free, secret, direct, peaceful, agile and secure manner, without being able to be coerced in any way;

 

  • The workers with the right to vote required to present themselves with an official identification for their registration in the list of affected workers and the delivery of their respective ballot;

 

  1. The employer may not have any intervention during the consultation procedure, and

 

  1. For the provision and installation of the ballot boxes and the counting and calculation of the ballots, the principles of security, transparency, reliability and certainty shall be established.

Once the consultation has been carried out, the STPS will be notified, through the electronic platform, of the result of the vote within three business days following the date on which the consultation was conducted. In case of not doing so, the contract will not be considered legitimate.

The voting minute and the list of voting workers must be digitized and submitted to the STPS by the union through the electronic platform. The labor authority may verify compliance with the requirements established in the Protocol during the development of a consultation, regardless of whether the union has opted for the accompaniment of a notary public. If the irregularities of substantiation appear from the data provided by the verification, STPS will declare the procedure void; In this case, the union will be able to carry out the consultation again.

In case that the STPS does not make observations during the twenty working days following the date on which the union sends the notice of result, the collective labor contract submitted for consultation shall be deemed legitimate and the union may request the STPS for proof of corresponding legitimation.

In the event that the collective work contract subject to a consultation does not have the majority support of the workers, this will be terminated, while the benefits and working conditions contemplated in the collective contract are retained for the benefit of the workers.

On the other hand, the Protocol provides for the obligation of the Conciliation and Arbitration Boards to inform the STPS regarding the dates of signature and review of the collective labor contracts deposited with them, as well as other data that are required for them. Compliance with this Protocol. Likewise, the STPS may request the Conciliation and Arbitration Boards to urge unions to have collective agreements deposited with them to legitimize their collective agreements under this Protocol, preventing them from not doing so before the 1st. May 2023, the collective agreement will be terminated.

However, unions that, due to their nature or particular characteristics, can’t complete their registration due to the high number of workers who must be consulted, the need to consult two or more states, or for two or more days , they will propose to the STPS the procedures and rules to carry out the consultation, which must guarantee the principles of security, transparency, reliability, certainty, quality and integrity of the consultation procedure, as well as the freedom and secrecy of the vote.

As you can notice, the management of this Protocol is mainly the responsibility of the union, however, we are at your service to understand, in particular, its application in your companies in accordance with the collective agreement that exists in them.

Likewise, we must mention that the legality of this Protocol is questionable in its form and so its content according to the constitutional legal framework.


PROTOCOL FOR THE LEGITIMATION OF EXISTING WORK COLLECTIVE AGREEMENTS

sensei

12/08/2019



This Protocol, issued by the Ministry of Labor and Social Welfare (hereinafter STPS, by its acronym in Spanish), entered into force on August 1, 2019 and will be in effect until the Federal Center for Conciliation and Labor Registration begins its registration and verification functions, that is within the next two years. Its purpose is to establish the rules and procedures for the legitimization of collective processed labor agreements deposited with the Conciliation and Arbitration Boards.

According to the Protocol, for the purposes of legitimizing a collective bargaining agreement, the union that holds the collective bargaining agreement must notify the STPS that it will consult the workers to determine if the majority endorses the collective bargaining agreement that it has entered into. The notice must be made electronically through the website, with an anticipation of 10 business days to the date of the consultation, in which it will be stated, that the information and documentation attached are reliable and truthful.

Once the union issues the call, it must be informed immediately by the employer. The employer will be obliged to grant the necessary facilities for the consultation to be carried out, as well as to give his workers a printed copy of the collective bargaining agreement, at least three business days before the date of the consultation. In the event that the employer does not comply with this obligation, the union may deliver it directly to its affiliates, at the cost of the employer, and give sight to the labor authority so that the corresponding fines are imposed.

It will be the union’s obligation to print the call, ballots and voting minutes generated through the electronic platform established by the STPS for this purpose. These formats will be the only ones authorized for the consultation procedure, so any documentation that has not been generated through the platform will be invalid.

To register the workers who cast their vote, the union will use the list of workers, which will contain, at a minimum, the full name and Unique Code of Population Registration of each worker with the right to vote. The list of workers with the right to vote will include workers affiliated with the union that is the holder of the collective contract subject to legitimation, excluding “trust workers” or who enter after the date on which the notice was submitted. Workers who have been laid off during the three months prior to the presentation of the notice will be part of the list, with the exception of those who have terminated their employment relationship.

However, to perform the consultation procedure, the union must meet the following requirements:

  1. The vote will take place on the day, time and place indicated in the call;

 

  1. Ensure that the place designated for voting is accessible to workers and meets the necessary conditions for them to cast their vote in a personal, free, secret, direct, peaceful, agile and secure manner, without being able to be coerced in any way;

 

  • The workers with the right to vote required to present themselves with an official identification for their registration in the list of affected workers and the delivery of their respective ballot;

 

  1. The employer may not have any intervention during the consultation procedure, and

 

  1. For the provision and installation of the ballot boxes and the counting and calculation of the ballots, the principles of security, transparency, reliability and certainty shall be established.

Once the consultation has been carried out, the STPS will be notified, through the electronic platform, of the result of the vote within three business days following the date on which the consultation was conducted. In case of not doing so, the contract will not be considered legitimate.

The voting minute and the list of voting workers must be digitized and submitted to the STPS by the union through the electronic platform. The labor authority may verify compliance with the requirements established in the Protocol during the development of a consultation, regardless of whether the union has opted for the accompaniment of a notary public. If the irregularities of substantiation appear from the data provided by the verification, STPS will declare the procedure void; In this case, the union will be able to carry out the consultation again.

In case that the STPS does not make observations during the twenty working days following the date on which the union sends the notice of result, the collective labor contract submitted for consultation shall be deemed legitimate and the union may request the STPS for proof of corresponding legitimation.

In the event that the collective work contract subject to a consultation does not have the majority support of the workers, this will be terminated, while the benefits and working conditions contemplated in the collective contract are retained for the benefit of the workers.

On the other hand, the Protocol provides for the obligation of the Conciliation and Arbitration Boards to inform the STPS regarding the dates of signature and review of the collective labor contracts deposited with them, as well as other data that are required for them. Compliance with this Protocol. Likewise, the STPS may request the Conciliation and Arbitration Boards to urge unions to have collective agreements deposited with them to legitimize their collective agreements under this Protocol, preventing them from not doing so before the 1st. May 2023, the collective agreement will be terminated.

However, unions that, due to their nature or particular characteristics, can’t complete their registration due to the high number of workers who must be consulted, the need to consult two or more states, or for two or more days , they will propose to the STPS the procedures and rules to carry out the consultation, which must guarantee the principles of security, transparency, reliability, certainty, quality and integrity of the consultation procedure, as well as the freedom and secrecy of the vote.

As you can notice, the management of this Protocol is mainly the responsibility of the union, however, we are at your service to understand, in particular, its application in your companies in accordance with the collective agreement that exists in them.

Likewise, we must mention that the legality of this Protocol is questionable in its form and so its content according to the constitutional legal framework.