Note published in El Sol de México, Sociedad [Society] Section by Bertha Becerra.
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The start of activities of the CFCRL is part of the international commitments assumed by Mexico in the USMCA, said the specialist.
The start of activities of the Federal Center for Labor Conciliation and Registration (CFCRL) on November 18 of this year is imminent, in order to comply with the legal mandate, that it must be fully operational (at one hundred percent) by May 2021.
Additionally, it is part of the international commitments assumed by Mexico in the USMCA in which, the United States, in particular, has been very punctual in demanding that the implementation of the reform in all of its aspects is complied with. Any lack of compliance could be a cause for estrangement from our commercial partners, recalled lawyer Héctor de la Cruz.
At this time, the Federal Center must receive all of the collective bargaining agreements and internal labor regulations currently deposited before the Federal Conciliation and Arbitration Boards as well as those in the Local Boards within each one of the federal entities, pointed out the expert in labor law.
He explained in an interview that, by May of next year, all of the collective bargaining agreements must be duly recorded before the Federal Center and all of the reviews thereof will be conducted under the Center’s supervision and approval.
It is mandatory to verify that the required consultation has been made among the workers who must, by majority, agree to any change or modification thereof and to verify that each worker has voted in a personal, free, secret and direct manner.
Likewise, it will issue the certificate of representativeness required by law for unions to present a notice to strike due to the signature of the collective bargaining agreement; if this requirement is not met, the strike would be unlawful.
The CFCRL will also perform conciliatory work at the federal level, which will be conducted gradually in accordance with the implementation program of the labor reform in different states of the Republic, to be completed by May 2021.
Given all of the above, the Federal Center must begin operations punctually this November. In the event that the timelines established in the transitory articles of the law are not met, there will be a legal vacuum that will render the reform inapplicable, since there will be no authority in place to apply it.
And it is not only that, there is also the challenge of centralizing all of the collective bargaining agreements by May of next year; should this not happen, it will be impossible for this Center to verify that the obligations on effective collective bargaining matters and union freedom are complied with.
The fact that the start of operations of the CFCRL is part of the international commitments assumed by Mexico in the United States-Mexico-Canada Agreement cannot be forgotten, recalled the specialist in Labor Law at the De la Vega & Martínez Rojas Firm.