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Mexico: Useful information - key future employment law developments

Original and updating authors: Mónica Schiaffino and Estefania Rueda Garcia, Littler
Consultant editors: Isabel Pizarro Guevara and Hugo Hernández-Ojeda Alvírez, Hogan Lovell

A brief summary of significant developments that will impact on employment law in Mexico.

Development Key practical implications Status Expected date

New centres for labour registration and conciliation.

The Federal Centre for Conciliation and Labour Registration will be responsible for registering collective agreements, trade unions and internal work rules, and for managing conciliation proceedings at federal level.

Centres at state level will oversee conciliation proceedings at that level.

The relevant law to establish the new centres is before the Federal Congress and the state Congresses.

The Federal Centre for Labour Conciliation and Registry will commence its registration functions in May 2021 and its conciliation functions in May 2023. The state centres will commence operations in May 2022.

New federal and state labour courts.

Federal and state labour courts will replace Conciliation and Arbitration Boards and will be responsible for resolving labour disputes.

The legal basis for the new courts is in effect. A budget to establish the courts has not yet been assigned.

The operational start date for the federal labour courts will be 2 May 2023 and for the state labour courts will be 2 May 2022.

Changes to the rules on collective agreements and calling a strike.

In order to enter into a collective agreement and call a strike, a trade union must obtain a representation certificate to demonstrate that it has the support of at least 30% of employees

Employers and trade unions must file collective agreements and the relevant representation certificate at the Federal Centre for Labour Conciliation and Registration.

A personal, secret ballot election process will be implemented to enable employees to vote for or against the content of collective agreements.

Existing collective agreements will need to be reviewed within the next four years.

Amendments to the Federal Labour Law that implement the changes were published on 1 May 2019.

On 31 July 2019, the Ministry of Labour published a protocol to legitimise existing collective bargaining agreements. However, the protocol does not provide new requirements for filing new collective agreements, or for trade unions to call a strike.

New regulations to execute a new collective bargaining agreement and for trade unions to call a strike are not expected to take effect until the Federal Centre for Labour Conciliation and Registration begins operations in May 2021.