Note published on August 2 in El Economista, Capital Humano [Human Capital] Section by Blanya Correal Sarmiento.
Faced with a more empowered workforce that is more aware of its rights, how to avoid collective disputes? The key lies in “labor engineering”, a model based on three thematic pillars: human, strategic and business sustainability impact aspects.
The new rules of the game, defined by the labor reform and the USMCA, force companies to assume a more active role in building relationships with their collaborators and in the prevention of collective disputes, as we are entering into the second part of the established term for implementation, and we still have a lot of preparing to do.
Various changes in the international and national spheres have caused companies to rethink their union strategies in Mexico, as labor-related chapters have been included in the negotiation of trade treaties and new commitments such as the ratification of ILO Convention 98, which impose obligations and sanction mechanisms in case of non-compliance.
Faced with a more empowered workforce that is more aware of its rights, how to avoid collective disputes? The key lies in “labor engineering”, a model based on three thematic pillars: human, strategic and business sustainability impact aspects.
Labor engineering seeks to strengthen the internal culture of companies, supporting them in assuming a more proactive role in worker’s relations, starting from key elements such as the identification of risks and business preparation; as well as developing schemes of active participation and horizontal communication for workers.
There are three recurring labor risks in organizations that operate in Mexico: labor protection contracts, economic support to unions and the potential for disputes. Regarding the first ones, a great majority of companies has had to implement this mode of protection in order to avoid extortion by collective organizations. The reform completely eliminates this scheme, and it includes the certificate of representativeness as a mechanism for guaranteeing compliance, which means that companies will now face two scenarios: active unionism or a union-free environment, but the worker will be the one to decide which one is best for him. Will they truly be prepared for making this decision?
Another frequent aspect found in Mexican organizations is the support of unions with financial resources, this is another source of risk for companies because it can be interpreted as interference in union life, a totally forbidden practice and one that is directly linked to the control of the union by payments; this will surely represent a profound change in union activity and its relationship with companies. Are we ready to face the consequences?
While strikes and work stoppages are alternatives for unions to apply pressure, these practices can also lead companies to bankruptcy and put job sources at risk. Therefore, an effective preparation strategy can prevent conflicts that harm both the business and the employees. Many labor disputes are the result of the absence of participation schemes for workers to express their concerns and propose solutions.
Having workers that are informed, mindful and responsible in regard to the improvement of their conditions is one of the challenges faced by companies given the new rules on union democracy and collective bargaining matters, and in which labor engineering can contribute to avoid conflicts.
In order to prevent labor disputes, it is necessary to have organizations and leaders that are closer to the workers. On many occasions, collaborators are unaware of all of the benefits that they have, and this is due to a poor communication.
We need communication channels with a better structure that allow an open dialogue based on trust, both for monitoring risks and for supporting the development of a more solid criteria for the workers with the objective of having them make the most appropriate decisions for the sustainability of their job positions and their growth in companies.
Labor engineering seeks to develop a completely preventive approach that strives to develop the labor maturity of a company in order to ensure its labor sustainability and, in time, aid in the prevention of conflicts.”
