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Employment Law and Labor Relations in Mexico
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LABOR LAW THE PILLARS OF LABOR LAW IN MEXICO EMPLOYMENT STABILITY
MINIMUM TERMS & CONDITIONS LABOR LAW RIGHT OF ASSOCIATION COLLECTIVE BARGAINING AND STRIKE EMPLOYEE PROFIT SHARING
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Collective Bargaining
WHAT IS GOING ON? Labor Justice Subcontracting Constitutional Amendment: Labor Boards transfer from Executive Power to the Judicial Power. Federal administrative body takes over conciliation, union registration, CBAs administration & conflicts. Approx. 800,000 labor cases (50% federal jurisdiction). One year to prepare the secondary legislation, including: 1) Labor procedure 2) Administrative bodies 3) Judicial Branch Law Legality questioned Abuses Extraordinary requirements and conditions: Reform to VAT and Income Tax laws. Right of association Collective Bargaining Reform in the Senate pending a decision ILO Convention 98 At Senate
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The Constitutional Reform of 2017:
DECENTRALIZED FEDERAL PUBLIC ORG. Union registry Management of CBA Administrative procedure of the CBA and RIT Conciliation as a procedural requirement. CONCILIATION AND ARBITRATION BOARD LOCAL ADMINISTRATIVE CENTERS Conciliation as a procedural requirement. Ordinary and Special Procedure for labor dispute resolution. Union Registration of local jurisdiction. Administration of Collective Bargaining Agreements and Company Regulations. Conciliation within the process. Collective procedures, strikes, collective conflicts. LOCAL OR FEDERAL LABOR COURTS Depend on and are part of the Judicial Power. Local and Federal Courts. The Boards will continue with the jurisdictional and registry work.
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LABOR REALITY: Federal Jurisdiction Case Statistics As of June, 2017
Individual claims 440,317 Filed : 45,984 Terminated: 43,172 Collective filings Strike calls 4,621 Terminated 3,275 Strikes 1 Collective Conflicts filings CBAs Disputes 267 Terminated 183
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LAWSUITS FILED IN PROGRESS BY STAGE AS OF JUNE 2017
PROCEDURE RESOLUTION AMPARO RESOLUTION ENFORCEMENT
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Other Pending Labor Matters:
Transfer of Expertise There is uncertainty with respect to the implementation of a judicial force to adjudicate labor cases, and the future for current Labor Board authorities. Collective Bargaining The system of collective bargaining in Mexico has been under national and international scrutiny (USA/TPP Countries). The Executive submitted to the Senate the possible ratification of the ILO Convention 98 and presented the reform initiative to the FLL in April 2016. NAFTA Implementation of ILO Fundamental Rights? Salaries Review and eventually, increase the minimum wage. State wage policy under scrutiny.
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