The Governing Board of the Federal Center for Conciliation and Labor Registry (hereinafter “FCCLR”) issued the Agreement JGCFRL on November 9th, 2020. The Agreement created the support State offices of the FCCLR and their circumscription. The FCCLR State Offices will be in charge of carrying out labor conciliation and registration activities, foreseen in the May 1st, 2019 amendment to the Federal Labor Law. The States in which the FCCLR State Offices will be operating starting November 18th, 2020 are: Campeche, Chiapas, Durango, Estado de México, San Luis Potosí, Tabasco and Zacatecas.
Due to the aforementioned, the Head of the FCCLR is instructing the Federal Conciliation and Arbitration Labor Board and the Ministry of Labor and Social Welfare to suspend, as of November 18th, 2020, all the registration functions they were carrying out, pursuant to the Third Transitory Article of the May 1st, 2019 amendment decree of the Federal Labor Law.
Furthermore, the Head of the FCCLR is instructing the Executive Branches from those States, to order the Local Labor Boards, to suspend the registration activities they were carrying out, starting on November 18th, 2020.
Consequently, from that date on, in the States of Campeche, Chiapas, Durango, Estado de México, San Luis Potosí, Tabasco and Zacatecas:
- All the Collective Bargaining Agreements and the Internal Labor Regulations will have to be filed before the FCCLR State Offices, no matter whether they are of local or federal jurisdiction.
- The FCCLR will be the only authority, in either federal and local jurisdictions, in charge of the registration of all unions, the acknowledgment of their representatives and leaders; and, verifying compliance with their legal obligations.
- The deposit and registration of the Collective Bargaining Agreements and its revisions before the FCCLR, must have the approval of the majority of the employees through a personal, free and secret ballot.
- In order to file a call to strike for the execution of the Collective Bargaining Agreement, the plaintiff union must have a Representation Certificate issued by the FCCLR; otherwise, it will be dismissed.
In view of the foregoing, it is important that companies with a domicile in one of the States where the implementation of the Reform will start, adopt immediate measures for the registration of their Collective Bargaining Agreements and their Internal Labor Regulations.