80% of collective bargaining agreements with unions will disappear with the implementation of the Labor Reform, pointed out Ricardo Martínez, partner at the D&M Law Firm.
There are estimated to be 700,000 collective bargaining agreements in the country, but the majority of them will not survive the new requirements of the labor reform approved last year, the implementation of which will be completed by May 2023.
“The number of union collective bargaining agreements is going to be greatly reduced, and unions that don’t make an effort and who don’t represent their workers are going to disappear,” the specialist told EconomíaHoy within the framework of the International Conference: “One Year after the Labor Reform”
The main filter will be the provision by the law that states that, in order to stand, the collective bargaining agreements that are entered into will have to be consulted with the workers and approved by more than half of them. “If it is not voted on, the collective bargaining agreement will not stand, thus, thousands of them will disappear”, stated Ramírez.
In the case of new collective bargaining agreements, unions will need 30% of the workers, as a minimum, and these workers must be accredited under a Certificate of Representativeness.
The debate on unionization
Ramírez pointed out that unionization is a right of the workers and not of the unions and, therefore, not unionizing is also an option. “The worker is the one who has to decide. I believe that if the workers have a good working environment, good benefits, are treated well, they will surely not want a union.”
However, not having a union means not having labor protection defense options, stated Jorge Carbajal Smith, a lawyer of the Mexican Electrical Workers Union.
“We do not share that opinion, because we believe that every company must have a union. Voting and worker’s training requirements must be met, of course. In our collective bargaining agreement process we hold a meeting which workers sign up for and everyone contributes what they want to modify in a collective bargaining agreement. Then a negotiation is conducted on what is viable and what is not. It is a democratic process”, stated Smith.
Up until 2017, the Department of Labor and Social Welfare had a registry of 3,347 union groups at the federal level.