On 7 February 2017, Mexico's Congress of the Union approved amendments to Articles 107 and 123 of the Mexican Constitution, regarding labor disputes and collective bargaining.

In general terms, the changes are as follows:

  1. Conciliation and Arbitration Labor Boards will be replaced by Labor Courts pertaining to the Judicial Branch (previously from the Executive Branch), with jurisdiction over labor disputes.
  2. Strengthening of the conciliatory process between parties through the creation of a decentralized public organization at a federal level and conciliation centers established by the federal entities.
  3. The decentralized public organization referred above will be also in charge of the registration of collective bargaining agreements and labor unions.
  4. Labor unions will be required to demonstrate that they have the workers’ representation for a strike call petition, demanding the execution of a collective bargaining agreement.
  5. Incorporation of different measures to guarantee workers’ right to have a free, individual and confidential vote to choose their union leaders, for the execution and registration of collective bargaining agreements and during conflicts between two or more labor unions.
  6. Better protection and control over strike call petitions and collective bargaining agreements.

The amendments will become effective one day after their publication in the Federal Official Gazette.

General Congress and federal entities will have one year after the amendments enter into force, to make the necessary legislative changes.

Should you have any questions or require further assistance, please do not hesitate to contact us.

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