Note Published in Más Reformas Mejor Trabajo, Entorno Laboral [Labor Environment] Section by the Editorial Department.
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Text on image: PROCESS FOR THE LEGITIMATION OF COLLECTIVE BARGAINING AGREEMENTS
The changes proposed by the STPS and published in the Official Gazette of the Federation (DOF) are directly related with the USMCA and particularly with the enforcement of Annex 23 A.
With information provided by D&M Abogados
The changes proposed by the STPS and published in the Official Gazette of the Federation (DOF) are directly related with the USMCA and particularly with the enforcement of Annex 23 A and with monitoring by the United States authority on the topic of compliance with commitments acquired in the agreement, informed Héctor de la Cruz, a labor specialist at D&M Abogados.
He explained that in recent days the United States’ Committee of Experts, in charge of said monitoring of compliance with the labor reform and with the USMCA issued a series of recommendations, among which two are the important ones.
1) That the authority verifies and validates the consultation processes and that, even in the presence of a Notary, the Department of Labor must participate in order to guarantee compliance with the formalities of the legitimation process and
2) There was no procedure for workers to express their unconformity with the procedure and/or its result and, therefore, this is now formalized in order to allow workers to file their claims before the authority. This is applicable to all companies; nevertheless, there will be special emphasis on the sectors with high levels of exports such as the automotive, auto parts, aerospace, call center, mining, etc. sectors which have been marked as prioritary by the treaty itself.
That it, there will be a greater vigilance by our commercial partners over these processes and this will cause the transparency of collective bargaining agreements’ legitimations and full compliance with the Federal Labor Law and the USMCA.
SUMMARY OF THE AGREEMENT THROUGH WHICH VARIOUS PROVISIONS OF THE PROTOCOL FOR THE LEGITIMATION OF EXISTING COLLECTIVE BARGAINING AGREEMENTS ARE MODIFIED AND ADDED TO.
1) The union must notify the STPS about their intention of consulting workers in regard to the approval of the existing Collective Bargaining Agreement.
2) The union must provide the list of workers that can cast their vote; this list will include, as a minimum, the full name and the CURP [Personal Population Registry Code] of each worker with the right to vote; likewise, the union must take into account the particular cases that some workers could have due to income and termination matters registered at the time of the call.
3) The STPS reserves the right to review the procedure before, during or after it is conducted; additionally, they must publish results and save them to be reviewed later following the guidelines of the protocol, regardless of whether the procedure has been conducted in the presence of a certifying public officer.
4) Workers protected by a Collective Bargaining Agreement can express their unconformity before the STPS in cases in which voting security, transparency, reliability and certainty are violated or in which the right of workers to cast their vote in a personal, free, direct, secret, peaceful, agile and safe manner is affected.
5) Complaints or claims can be filed from the time of publication of the call and up to 5 working days after the last action or event related to the consultation.
6) The authority must review and analyze the claims that are made, conducting the corresponding investigation requesting further information from the parties and always protecting the anonymity of the persons who made the claim. If no significant problem is found and the result of the consultation is favorable, the collective bargaining agreement will be considered as legitimated 20 working days after the notice of results is published by the union.
7) This addition to the protocol will become effective as of February 5, 2021.