Note published on September 21 in El Economista, Empresas [Companies] Section by María del Pilar Martínez.
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The Department of Labor and Social Welfare (STPS) reported that the implementation of the second stage of the labor reform, which was to start in October of this year, will be delayed until November 3 in 13 states of the Mexican Republic.
The new date for the beginning of the second stage, in a uniform manner for the states listed below, was determined through Resolution 11-21/09/2021: Aguascalientes, Baja California, Colima, Guanajuato, Morelos, Oaxaca, Puebla, Querétaro, Quintana Roo, Tlaxcala and Veracruz, and Hidalgo at a local level as well as Baja California Sur and Guerrero, at the federal level.
After explaining that the extension seeks to facilitate an optimal start of operations of the conciliation centers and labor courts, “with the objective of having the proper legal infrastructure and scaffolding to support the new labor justice institutions.”
In an extraordinary Session, the members of the Coordination Council for the Implementation of the Reform to the Labor Justice System, an appeal was made to the federal states to conduct the necessary actions, within their competence, to declare, through their local congresses, the start of operations of their local labor courts and local conciliation centers.
Consulted in this regard, labor lawyers agree that this delay, despite being a delay of one month and within the established terms to comply with the full implementation of the labor reform by April 2022, does complicate processes as each entity continues to apply the previous legislation.
Héctor de la Cruz, partner at D&M Abogados, said that “it is not the first time that an extension is granted, the first stage was also delayed, and this also has to do with the difficulties that the states are facing in issuing all necessary decrees.”
Alejandro Avilés, president of the Mexico City Labor Lawyers Association, said that a conciliatory agreement may not be reached and, on the contrary, it could lead to legal actions.