On October 13, 2016, the Senate of the Republic unanimously
approved an initiative that amends several of the Labor Justice
provisions of the Mexican Constitution regarding employment dispute
hearings and union representation. If passed by the House and
approved by the state legislatures, newly created tribunals and
specialized authorities will adjudicate labor disputes and govern
union relationships including collective bargaining, union
registration, and employee representation verification.
These proposed amendments would replace the Conciliation and
Arbitration Boards with federal and state labor courts. These
courts would be under the Judicial Power of the Federation or a
part of federal entities, and they would be responsible for issuing
rulings and judgments in order to resolve conflicts between workers
A pre-conciliation stage is also proposed, consisting of a
single, mandatory hearing conducted by conciliation centers at the
local level. At the federal level, the conciliation will be
conducted by an independent agency also responsible for the
registration of collective bargaining agreements and union
Additionally, the amendments strengthen the rights of workers by
ensuring a free, individual, and confidential vote to choose union
leaders, request the execution of a collective bargaining
agreement, and to resolve conflicts with unions. Under this
amendment any union aiming to hold the collective bargaining
agreement of a given establishment, shall demonstrate to the labor
authority that it has the representation of the employees of that
This initiative includes amendments to Articles 107 and 123 of
the Mexican Constitution, which were proposed by the President of
Mexico in April of this year. It will be submitted to the House of
Representatives for further discussions and may undergo additional
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En los pasados días se publicó el Acuerdo Ministerial No. MDT-2016-0158 del Ministerio del Trabajo que contiene la Normativa para la Aplicación de la Ley Orgánica para la Promoción del Trabajo Juvenil.
Employers should be aware that, in Costa Rica, October 12, is "Cultures Day". However, our Labor Code considers this both a "Holiday of Non-Compulsory Payment" and the only public holiday that must be deferred to the Monday of the following week when it falls on a Tuesday, Wednesday, Thursday, or Friday.
El Reglamento para la Aplicación del Mandato Constituyente Nº 8 fue publicado en el Suplemento R.O. 353.
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