By Jacqueline Álvarez Velázquez*
The freedom of association and effective collective bargaining for workers is one of the commitments assumed in Chapter 23 of the Free Trade Agreement between Mexico, the United States and Canada (T-MEC), signed on November 30, 2018, in which High-level export sectors such as the automotive, auto parts, aerospace, call centers, and mining sectors, among others, were identified as priorities.
Unlike the North American Free Trade Agreement (NAFTA), Chapter 23 of the T-MEC requested to include in the labor legislation of the three signatory countriesprovisions that guarantee the right of workers to participate in collective bargaining, in addition to organizing, forming and joining the union of their choice without interference from employers or companies.
In the case of Mexico, the The entry into force of a new labor model focused on this commitment was through the legitimization of the Collective Labor Contracts (CTT), in force as of May 2, 2019, which implied leaving behind the collective protection contracts, that is, those that were signed only by the companies as a measure to protect themselves from the summons to strike due to the signing of a collective labor contract and thus avoiding extortion.
Briefly, the legitimacy of the CCT consists of:
- ensure that workers know the content of the CCT of the company of which they are part and
- Verify that they agree with the content through a personal, free, direct and secret vote.
In this contextthe rights to freedom of association and collective bargaining have special relevance, since the act of legitimizing the CCT in the appropriate conditions contributes to reduce the risk of a company being penalized for the denial of these rights. For the above, the unions will have to demonstrate that they have the representation of at least 30% of the workers, as well as the responsibility of requesting a certificate of representativeness. With the aforementioned additions, the legitimations of the CCTs will be transparent, with the certainty that the Federal Labor Law and the T-MEC will be fully complied with. In this same sense, the Ministry of Labor and Social Welfare (STPS) created a protocol for the Legitimization of Collective Labor Agreements, which is directly related to the T-MEC, especially with the application of Annex 23-A and the follow-up given by the US authority on the fulfillment of the commitments assumed.
This protocol contemplates that, to carry out the voting, among other things, unions are required to notify workers in advance about the consultation, facilitate access to the CCT and implement logistics that allow all workers to exercise their vote.
Other relevant points mentioned are that the union must have a list of workers who can cast their vote, which will include the full name and the Unique Population Registration Code (CURP) of each collaborator with the right to vote. Likewise, at the date of the call, the union must consider the particular cases by topic of income and related leave.
In relation to the rights of freedom of association and effective recognition of the right to collective bargaining of workers, the Rapid Response Labor Mechanism was established in Specific Facilities, which provides as sanctions the suspension of preferential tariff treatment or the imposition of penalties on manufactured goods or about the services provided.
To date, the Government of Mexico has received five requests for review by the United States government within the framework of the Rapid Response Labor Mechanism in specific facilities (MLRR), which have been duly addressed, avoiding recourse to an arbitration panel. and the imposition of trade sanctions.
It is important to prevent the establishment of a rapid response labor mechanism in specific facilities, for which it is a priority to meet the obligation established in the T-MEC to legitimize the existing CCTs.
The unions must legitimize their CTT within a maximum period of four years, the deadline being May 2, 2023.if it is not carried out, the CCT will cease to exist, conserving in favor of the workers the benefits and conditions contemplated in the contract that are superior to those established by law.
In conclusion, the new labor model includes various international obligations and commitments through the ratification of labor conventions and treaties, mainly within the framework of the International Labor Organization (ILO) and regional trade agreements to which Mexico is a party. , among which are:
- ILO Convention 87 on freedom of association and protection of the right to organize (1984).
- ILO Convention 98, regarding the application of the right to organize and collective bargaining (1949).
- Agreement between Mexico, the United States and Canada (T-MEC): Chapter 23 (labor) and Annex 23-A. (Representation of Workers in Collective Bargaining in Mexico)
- Treaty between Mexico, the United States and Canada (T-MEC): Annexes 31-A and 31-B (Rapid Response Labor Mechanism).
- Comprehensive and Progressive Trans-Pacific Partnership Treaty (TIPAT): Chapter 19 (Labor).
All these commitments are focused on promoting dialogue between the company and the workers, guaranteeing transparency in collective labor relations.
*Jacqueline Álvarez is a Partner at EY law – Labor
[email protected]
Editor’s Note: This text belongs to our Opinion section and reflects only the author’s vision, not necessarily the High Level point of view.
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