On 20 September 2018, the Mexican Senate ratified Convention 98 of the International Labor Organization (ILO), about the right to freedom of association and collective bargaining.
The ratification of this Convention represents an important change in the collective labor relations in Mexico, by securing the freedom of workers to join or not join a union and that this specification does not interfere as a basis for selection.
Convention 98 may also have a direct effect on internal union processes, registration and validity of collective bargaining agreements and their negotiation, as well as on the strike call procedures traditionally followed in our country.
Convention 98 will become effective 12 months after the Mexican Government registers this ratification before the Director –General of the ILO, during that time the necessary amendments will have to be carried out to adapt the Mexican Federal Labor Law. It is important to mention that as an international agreement, this Convention has the same hierarchy as the Mexican Federal Constitution and therefore it is superior to the Federal Labor Law.
In Baker McKenzie we are ready to comment the practical scope of ILO Convention 98, the new work environment in which we are going through and how it could impact your daily operations.