Note published on December 20 in El Economista, Empresas [Companies] Section by María del Pilar Martínez
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The most important labor reform that has been registered in the country, with over two years of having entered into force, is progressing, but not in the same manner in all aspects, or with the expected results by workers and employers, specialists agree.
German de la Garza de Vecchi, leader of Labor Services at Deloitte México, said that companies have had to react in a quick and efficient manner in order to address the new labor provisions, whether on the delivery of the physical collective bargaining agreement to the workers or to identify how to conduct personnel hiring in the best possible manner, as a result of the reform on subcontracting.
“We have a deadline of May 2023 for unions to legitimize their collective bargaining agreements and, while companies cannot interfere in these processes, it is important that they comply with two aspects that are required of them; that, on the one hand they facilitate what is needed for voting to take place and, on the other, to deliver the physical employment contract; It is important that they do this, because this eliminates any type of difficulties before the labor authorities”, he explained.
In this same sense, Héctor de la Cruz, partner at D&M Abogados explained that there are processes within the reform that are progressing very slowly, this is the case of the legitimization of agreements; nevertheless, a change is underway, under which “a new era with active and real unions will begin.”
However, today, two years after the reform, “it is possible to conclude that many of the agreements will not be legitimized before May 2023. Which opens two possibilities: either the authority terminates them, as established by Law or the leaders step aside because it is obviously a protection agreement.”
It is worth recalling the data provided by the Department of Labor and Social Welfare (STPS) of there being over 500,000 active collective bargaining agreements in the country, which must have the endorsement of the workers by May 2023.
Third and last stage
De la Garza recalled that the implementation of the third and last stage of the implementation of the labor reform focused on 11 states is coming in 2022 and, together with the process for the legitimation of agreements and that all registry processes will be carried out by the Federal Center for Labor Conciliation and Registration (CFCRL), this will be a great challenge.
In this regard, the Minister of Labor, Luisa María Alcalde, stated that the states with greater labor conflictivity were left for last, as they have the highest industrial and economic activity.
Thus, the operation of the local and federal conciliation centers as well as of the federal and local courts will begin in the states of Chihuahua, Mexico City, Coahuila, Jalisco, Michoacán, Nayarit, Nuevo León, Sinaloa, Sonora, Tamaulipas and Yucatán,
In addition to these entities, we have Baja California, Baja California Sur and Guerrero at the local level, states in which the Federal Labor Center and the federal labor courts are in operation since November 3 of last year.