New challenges to labor relations in Mexico – El Financiero

Labor relations are the labor link that exists between workers, companies, their representatives and, in some cases, unions representing workers.

Some of the challenges encountered stem from adapting to the new changes due to the negotiations of the T-MEC (Mexico-US-Canada Free Trade Agreement), as well as the ratification of Convention 98 of the International Labor Organization (International Labor Organization) Mexico.

With the labor law reform, all existing collective bargaining agreements will be reviewed at least once and will have to be legalized by unions only once before May 2023.

The legalization of collective labor contracts consists of a consultation where workers cast their personal, free, direct and confidential vote to determine whether or not they know the content of the collective contract that governs labor relations in their workplace.

Legislation is a process undertaken by the union and must take place without interference from the company. The employer must grant the necessary facilities to conduct the consultation, as well as deliver a printed copy of the collective bargaining agreement to his workers, at least three working days before the date of the consultation.

The important or important thing to highlight is that if the workers vote against the collective bargaining agreement, i.e. they do not recognize it, the benefits that they have already obtained will not be lost.

Another challenge is that for group wage contract reviews, the company and the union will only have to submit the review to the Federal Center for Conciliation and Employment Registration, now digitally through the center’s platform, this will be a challenge for everyone, both companies and businesses. Unions, to adapt to this new process, and to what is being done for thorough reviews, the agreement reached by the company and the union must be put to a workers’ vote.

A review of a collective bargaining agreement does not take place on the day, week or month when the review is due, but rather it must be done every day, i.e. solve the problem, not allowing situations to arise. Failure to solve everyday problems generates tension between workers and the company.

The Certificate of Representation is the document that guarantees the principle of representation in union organizations to negotiate and celebrate collective labor contracts, as it seeks to terminate employer protection contracts and extortion strikes. To obtain certification, unions must certify that they have 30% support from workers.

Labor relations exist, with or without a union, hence the importance of having an excellent working environment that complies with the ABC of Human Resources, which is simply to respect what the Collective Bargaining Agreement says and what the Federal Labor Law says, and to have decent working conditions, good facilities, bathrooms , cafeteria, transportation, work equipment, uniform, safety equipment, training and education to name a few. In the case of overtime, overtime must be paid, always taking care to respect what is prescribed by law.

Communication, empathy, respect, enjoyment and security of good working conditions between workers, the company and the union are elements that are going beyond so that we can overcome these new challenges that labor reform brings us.

Workers, companies and their representatives must act as strategic partners, to protect the interests of workers and always in the interest of business productivity.

Rolando Noriega Mendoza, working committee member of Index Nuevo León.

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