Mexico: Constitutional Reform On Labor Justice, Freedom Of Association And Collective Bargaining

The Decree amending Articles 107 and 123 of the Political Constitution of the United Mexican States as regards to labor justice, freedom of association and collective bargaining ("Decree") was published in the Federal Official Gazette ("DOF" for its acronym in Spanish) on February 24, 2017. The referred to amendments are explained below:

1. Article 107, section V, subparagraph d), relating to amparo claims against final resolutions or judgments ending a labor conflict, was amended to establish that such resolutions or judgments will now be issued by the new local or federal labor courts, instead of the awards rendered by the Local or Federal Conciliation and Arbitration Boards, which will disappear.

2. Article 123, Part A, section XVIII, was amended to provide that when the objective of a strike is to obtain the execution of a collective bargaining agreement, the union shall demonstrate that it actually represents the workers, seeking with this measure to eradicate strike notices made by "phantom" unions and avoid extortion practices against employers.

3. Article 123 Part A, section XIX was amended to precise that work stoppages require the prior approval of the labor courts, in lieu of the Conciliation and Arbitration Boards that will disappear.

4. Article 123 Part A, section XX was amended to provide that the resolution of conflicts between workers and employers will now be in charge of the federal and state labor courts pertaining to the Judiciary Branch, whose members will be appointed by the Federal Judiciary Council in the case of federal jurisdiction or in accordance with the Constitutions and Organic Laws of the States in the case of local jurisdiction, who must have proficiency and experience in labor matters.

Through this amendment the Conciliation and Arbitration Boards formed by representatives of workers, employers and the Government will disappear.

Another important change introduced in this section XX corresponds to the duty to attend a mandatory conciliatory hearing before the beginning of a trial before the labor courts. Subsequent conciliatory hearings will only be conducted by agreement between the parties to the dispute.

The conciliatory function within local jurisdiction will be assigned to Conciliation Centers to be established in the different states, which will have legal capacity and their own endowment, as well as technical, operative, budgetary, decision and management autonomy. Its integration and operation will be determined by local laws.

In the federal jurisdiction, the conciliatory function will be carried out by a decentralized government agency with legal capacity and its own assets, as well as technical, operative, budgetary, decision and management autonomy, whose integration and operation will be determined in the law to be enacted for such effects. It should be noted that this federal agency will also be responsible for the registration of all collective bargaining agreements and trade union organizations, as well as all related administrative processes.

The head of this federal agency must be voted by two-thirds of the members of the Senate from among a slate of three candidates proposed by the Mexican President, and will have a six-years tenure, and the possibility of being re-elected once.

The designation as head of the referred to federal agency must be made to a person who has proficiency and expertise in labor matters, has not held a position in any political party or been a candidate to hold a position of public election in the three years prior to his appointment, enjoys good reputation and has not been convicted of a felony.

5. Section XXII Bis is added to Article 123 Part A, with the aim of strengthening the right to collectively bargain and warranting the principles of representativeness of trade union organizations and certainty in the execution, registration and filing of collective bargaining agreements.

Likewise, it is expressly established that for the resolution of conflicts between unions, the request to execute a collective bargaining agreement and the election of trade union leaders, the workers' vote shall be personal, free and secret.

This measure aims to eliminate the use of "collective bargaining agreements for protection purposes" and to promote that workers participate actively and openly in the bargaining process.

6. Subparagraph (c) is added to Section XXXI of Article 123, Part A, concerning the exclusive jurisdiction of the federal labor authorities in relation to the registration of collective bargaining agreements and trade union organizations, as well as all administrative processes in connection therewith, functions which are the responsibility of the decentralized federal agency mentioned above.

Although the aforementioned amendments became effective the day after their publication in the DOF, legislative adjustments at both the federal and state levels must be made within a one year term from the date in which the Decree became effective in order to regulate and implement the changes herein described. Thus, significant changes to the Federal Labor Law currently in force and the enactment of secondary legislation on labor procedural matters are still expected.

Similarly, within the aforementioned one year period, the Mexican President must propose to the Senate the list of three candidates to perform as head of the decentralized federal agency in charge of the registration of collective bargaining agreements and trade union organizations.

As long as the new Labor Courts, Conciliation Centers and decentralized federal agency are not established and operating, the Conciliation and Arbitration Boards and, where appropriate, the Ministry of Labor and Social Welfare, will continue to deal with labor disputes and the registration of collective bargaining agreements and trade union organizations.

Matters that are pending before the Conciliation and Arbitration Boards at the time the new labor courts begin operating shall be resolved in accordance with the provisions applicable at the time of their commencement. The Conciliation and Arbitration Boards must transfer the proceedings and files they have under their protection to the new labor courts or to the decentralized federal agency for what regards to the registration of collective bargaining agreements and trade unions.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.