New Labour Reform

 

Among the many juridical relationships that the practice of law regulates, undoubtedly one of the most delicate is the labour-management relationship, which is under the mantle of Labour Law. It is well known that, in theory and in practice, labour law is a complex subject, but due to its social nature, it is constantly evolving, and has been subject to various changes in the legislation of our country for the sake of the assurance of fair burden of rights and obligations for both employees and employers.

 

And although 2012 meant a transformation for Mexican Labour Law, five years later, precisely on 24 February , 2017, a new change to the same arose. An amendment to the Political Constitution of the United Mexican States was published in the Official Journal of the Federation, which, among the several modifications to its text, creates the labour courts, which will replace the conciliation and arbitration boards (juntas de conciliacion y arbitraje), in addition to redefining several concepts in order to clarify them.

 

In relation to our State, these labor courts will be integrated to the Judicial Branch of the Federation or the Supreme Court of Justice of the State, depending on the scope of their powers. By designating a judge to observe the due process of labor proceedings and to issue a judgment for their conclusion, the tripartite nature of the conciliation and arbitration boards disappears, in other words, the issuance of arbitral awards by representatives of the labor, the management and the government, respectively.

 

Likewise, this reform orders the creation of Conciliation Centers in each State, which will serve as the first filter for labour disputes, something similar to what happens in the contests against financial institutions, which first must pass through a conciliatory phase before the National Commission for the Protection and Defense of Users of Financial Services (CONDUSEF). The purpose of these Centers is mainly to avoid various conflicts which can be solved through conciliation from having to be subject to a judicial procedure, releasing the burden of the labour courts, which, based on experience in this area, is really heavy.

 

Finally, it is important to emphasise two important changes in the development of labour activities and social rights. One is the establishment of free and secret scrutiny in the election or renewal of Union leaderships and representations, which will allow the workers to choose their representatives properly, since previously voting was public and someone could exercise pressure or coercion techniques to secure the vote for one or another group, making such choices biased. The other one is the definition of the strike figure as a peaceful exercise, emphasising that any strike that resorts to widespread violence (common among some unions in our country) will be considered illegal.

 

There is no doubt this reform is not another misstep for Mexican justice. Although the labour boards sought impartial labour justice, they became obsolete given the current problems of the labour environment, thus being often encumbered regarding their ability to solve the thousands of disputes which need to be solved year after year. We hope that these reforms will result in a considerable increase in the effectiveness and performance of our labour justice for the good of society.

 

EAB.