On January 6, 2020, the Official Journal of the Federation (Diario Oficial de la Federación) published the organic law of the Federal Center for Arbitration and Labor Registration, which came into force on January 7, 2020, one day after its publication.
A decree of February 2017, with which various provisions of the Constitution of Mexico were reformulated, provided for the creation of a decentralized public body of the federal administration. The purpose of this decentralized body will be to guarantee democracy and trade union representation and to exercise the conciliatory function of the federal judiciary in labor disputes. In addition, union registrations, collective agreements and internal labor regulations are dealt with in order to guarantee workers the full exercise of their collective rights.
The center will be based in Mexico City and will be present on site through various state offices.
In addition to the above tasks, the center will do the following:
Handle individual and collective covenant arbitrations
Help unions or workers elect union councils
To convene and organize a review process at the request of employees on documents submitted in connection with the election of union councils
Issue the non-referral certificates
Issue representation certificates
Check employee majority ownership of collective agreements (and their revisions) and monitor the exercise of personal, free, direct and secret voting
Make sure that employees are made aware of the content of collective agreements
Providing documents and information to courts in connection with the registration of collective agreements, tariffs, lists of related workers with the controversial unions and any information they may have
Place information about unions in the public domain and provide copies of the documents in the registered files
Imposition of fines for failure to comply with the provisions of the Federal Labor Act
Finally, the third transitional article (from the organic law of the Federal Center for Arbitration and Labor Registration) states that the procedure for legitimizing existing collective agreements (in the 13th transitional article of the decree published on May 1, 2019 and thereafter) is regulated by July 31 Protocol to legitimize existing collective agreements issued in 2019) will be carried out by the center until it begins its registration functions and a new protocol is issued.
The files of the procedures for the legitimation of existing collective agreements, previously carried out by the Ministry of Labor and Social Affairs, are forwarded to the center, which can determine the termination of collective agreements that do not meet the requirements laid down in the Federal Labor Law.
© 2020, Ogletree, Deakins, Nash, Smoak and Stewart, PC, all rights reserved.National Law Review, Volume X, Number 17
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