Late last year, a project for the amendment of the Federal Labor Law was submitted to the Senators Chamber by two PRI (Institutional Revolutionary Party) Senators. The main items of this project are the following:.
The creation of Labor Courts forming part of the Judicial Branch (the current Conciliation and Arbitration Boards form part of the Executive Branch).
* The individual labor trial will be preceded by a conciliation process to be held before Conciliation Centers to be created and which will have their own operation rules.
* If an agreement is not reached during the conciliation process, then lawsuits may be filed.
* The procedure for individual trials will change radically. It will consist of a first stage, in writing, during which the respondent would submit all its evidence, followed by a second oral stage.
* Personnel subcontracting would be more flexible, obstacles imposed by the 2012 amendment would be removed, but sanctions to those failing to duly comply with their legal obligations [before the employees] will remain.
* A labor union calling a strike claiming for the execution of a Collective Labor Agreement, must evidence that it actually represents the company’s workers. If the company does not have workers, the claim will be filed.
* For the register of a collective labor agreement, copy of the employer’s registry before the Social Security Institute (IMSS), a list of all the employees and their social security number will be required.
It is important to note that no amendments to the Federal Labor Law have been enacted yet.
As usual, we will keep you informed of any progress or change that may arise.
The creation of Labor Courts forming part of the Judicial Branch (the current Conciliation and Arbitration Boards form part of the Executive Branch).
* The individual labor trial will be preceded by a conciliation process to be held before Conciliation Centers to be created and which will have their own operation rules.
* If an agreement is not reached during the conciliation process, then lawsuits may be filed.
* The procedure for individual trials will change radically. It will consist of a first stage, in writing, during which the respondent would submit all its evidence, followed by a second oral stage.
* Personnel subcontracting would be more flexible, obstacles imposed by the 2012 amendment would be removed, but sanctions to those failing to duly comply with their legal obligations [before the employees] will remain.
* A labor union calling a strike claiming for the execution of a Collective Labor Agreement, must evidence that it actually represents the company’s workers. If the company does not have workers, the claim will be filed.
* For the register of a collective labor agreement, copy of the employer’s registry before the Social Security Institute (IMSS), a list of all the employees and their social security number will be required.
It is important to note that no amendments to the Federal Labor Law have been enacted yet.
As usual, we will keep you informed of any progress or change that may arise.
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