On April 30, the last transition stage of the labor reform approved in May 2019 ended, which granted four years for the unions to demonstrate that the collective labor contracts (CCT) they had signed with the companies were real, that the worker knew its content and agreed to its terms through a free, direct and secret ballot. That is, pure democracy.
Today it is possible to conclude that most of the CCTs in force until a few days ago lacked true and legal union representation. The ocean of contracts that violated labor rights was enormous. The union simulation through the so-called ‘protection contracts’ was frightening, but also – it must be said – for many companies it meant the only way to protect themselves from the blackmail of alleged union leaders who threatened them with strike calls.
According to data from the International Labor Organization, the union rate in Mexico is one of the lowest in the world. To measure our harsh reality: Iceland has the highest union rate with 91.4%, but not to think of paradise there are other cases such as Tunisia, which has a rate of 38.1; Botswana, 30.0; Zambia, 23.9; Costa Rica, 20.5. Mexico, according to 2020 figures, registers a rate of 13.2%.
“During this government, a large number of reforms have taken place under the banner of social justice. It could be thought that this was the product of a great alliance between the unions and the government. Not at all. The labor changes respond to a commitment from elites and to pressure from the United States in Chapter 23 of the T-MEC,” says Luis Ardura, partner at the González de la Fuente y Ardura Abogados law firm.
Therefore, the 2019 reform that presumed to break with the old vices in labor matters and give way to the freedom of negotiation, labor justice and labor democracy, is not happening at all and, on the contrary, is having counterproductive effects. .
As part of the 2019 reform, the Local Conciliation and Arbitration Boards (JLCA) are being dismantled, to make way for Conciliation Centers and Labor Courts, which would supposedly speed up the end of lawsuits between employers and workers . Recently, all JLCA presidents were fired, while all lawsuits filed since 2000 (there are still many open) and up to September 30, 2022 risk being stuck in limbo. It is said that the number of cases awaiting resolution is 135,000.
“We welcome the changes to optimize resources and professionalize the administration of justice. The problem is that these are not seen with those views and I equate them to what has happened at other times during this government: cut, without a review in between. The message is very clear: ‘I no longer care about the JLCA, I care about the Courts and Conciliation Centers that are in the reform that I enacted in May 2019’”, says Diego González de la Fuente, also a partner at the firm. González de la Fuente y Ardura Lawyers.
‘Day Zero’ has already happened. After the last phase of the labor reform, the end of the ‘protection contracts’ is declared. What is going to happen inside the companies with all those contracts that no longer exist? Scenarios with a happy ending and others that cause a bad taste in the mouth.
One, a great window can be opened for the creation of new, legitimate union representatives. Two, it is possible that some companies are not an entity susceptible to unionization and can create internal labor committees, dignify internal work with good leadership, fully comply with labor rights. Three, there could be a fierce fight between current leaders to fight what in their eyes could be a succulent ‘loot of contracts’.
Right now there is a union power vacuum. And it also opens up a space to do things differently. Leaders can emerge within the same companies, they could also operate without unions with a one-on-one communication with their collaborators.