Mexico: Protocol For The Legitimation Of Existing Collective Bargaining Agreements

On July 31, 2019, the Official Federal Gazette published the Protocol for the Legitimation of Existing Collective Bargaining Agreements (the "Protocol") that was anticipated by the eleventh transitory article of the Federal Labor Law Reform published May 31, 2019, which stated that Collective Bargaining Agreements had to be legitimized within four years of its publication.

The protocol establishes the following process for the legitimation of Collective Bargaining Agreements, which is completely independent from the procedures for salary and clause revisions filed before the Conciliation and Arbitration Boards:

1.- Until the Federal Labor Conciliation and Registration Centers begin operations, the union with ownership of the Collective Bargaining Agreement must give notice to the Labor Secretariat (STPS) of the consultation with the employees on their support for the existing Collective Bargaining Agreement. Such notice must be given through the following website: https://legitimacioncontratoscolectivos.stps.gob.mx.

2.- The notice must be filed at least 10 days prior to the actual consultation and it must contain information relative to the union, the company, the Collective Bargaining Agreement and the conditions under which the consultation will be carried out, including:

  • If executed through a Notary Public, the date and time in which it will take place, and the general information and email of the Notary Public.
  • Address where the consultation will take place. Such location should guarantee that the vote is secret, direct, peaceful, agile and safe.
  • If the consultation is to be assisted by an STPS official, the timing will be conditioned on the authority's schedule.

If the STPS detects any inconsistencies within the submitted information, it may request the Union to correct it. However, if the Union fails to do so and proceeds with the consultation, such will be deemed as not executed.

3.- Once the Union has given notice to the Employer about the announcement, the Employer must grant all facilities so that it may take place, as well as provide all employees with a copy of the current Collective Bargaining Agreement, at least three days in advance of the consultation. Failure to do so could trigger fines imposed by the STPS.

4.- All announcements, whether the consultation is to be executed with the assistance of a Notary Public or an STPS official, must be properly signed by the Union's General Secretary and posted at the workplace and at the Union's offices, at least ten days prior to the consultation.

5.- The Union that requests the consultation must print the announcement, the ballots and the voting minutes directly from the STPS' website. Such templates are the only ones authorized during the process. Any other will be considered invalid. The registry of voting employees will be made according to the list that contains their full names and CURP.

Such list will exclude white collar employees, and any others that were employed after the announcement has been filed. However, employees that were dismissed within 3 months prior to the consultation will be considered for voting. Employees who resign voluntarily will not take part in the consultation.

6.- Once the consultation has been executed, the Union will display the voting minute at the workplace and at the Union's offices. Similarly, it will give notice to the STPS through the website, attaching a copy of the voting minute, as well as the employees list and the public deed containing the facts description made by the Notary Public, if assisted by one.

If the STPS detects any breach of the process established by the Protocol or irregularities during the consultation, it may declare it invalid. However, the union may file for the consultation again.

7.- If the STPS does not make any observations within a period of 20 days after the voting minute has been filed, the Collective Bargaining Agreement will be considered as legitimized, and therefore, the Union will be able to request from the authority the corresponding certificate.

However, if the employees do not support the Collective Bargaining Agreement, it will be cancelled and all of the employment conditions contained therein that are superior to those mandated by Federal Labor Law will prevail.

8.- Unions that, for the number of employees or their distribution of workplaces, cannot undergo the consultation process, must suggest alternatives to the STPS, according the provisions of the Protocol and to the principles of freedom and secrecy of vote.

For ease, below we share a flowchart that describes the process:

The above does not impose any obligations on the employer other than facilitating the consultation. This means that the whole process will be filed and carried out by the Union. Nonetheless, it is important to establish a joint strategy with the Union that owns the Collective Bargaining Agreement in order to guarantee that, at the moment of consultation, the majority of employees support the document. If the strategy is executed correctly, it could minimize the risk of cancellation of the Collective Bargaining Agreement.

Originally published August 02, 2019

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Marvan, Gonzalez Graf y Gonzalez Larrazolo
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Marvan, Gonzalez Graf y Gonzalez Larrazolo
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions