2021 is a challenging year: the global economy derived from the pandemic makes this year very atypical and pushes us to make important changes in our vision and planning.
THREE CHALLENGES
1.- Union Democracy
Legitimacy and Collective Bargaining Agreements negotiations (CBA)
Derived from the labor reform in 2019, the Unions must carry out the legitimacy process of their CBA’s.
This means that Unions must perform an Assembly for the Employees to approve the CBA, through a personal, free and secret vote (new voting model).
The CBA’s revision dynamic will be totally different from what we have previously been through.
Regarding the CBA’s salary and contractual revisions, the agreements made with the Unions and the Review Commission of the CBA, will now need to be approved by majority through General Assembly of the Employees under the new voting model.
This year we will begin to see more union activity in all sectors.
2.- USMCA Labor Compliance
Result of the USMCA ratification, companies have new labor obligations.
These obligations are divided in:
- Collective Aspects: union freedom and right to collective association.
- Individual Aspects: harrassment and discrimination policies, human rights, extraordinary work periods, etc.
The non-compliance with these collective obligations may produce export tariffs increase (directly or indirectly) to the products produced by the Company or the disability to export them.
3.- New Labor Justice
The new administration of labor justice will be in force within 12 States of the Republic as of 2021.
The labor process is different from the one we have used since 1931.
TWO RELEVANT MATTERS
- Telework: it is important to know this new working modality to avoid mistakes.
- Subcontracting: we must watch the changes that may occur in order to make the necessary adjustments.
SUGGESTIONS
- Diagnose: make this work to know where my Company is positioned and what we must correct.
- Short- and long-term planning: make an action plan.
- Implementation and follow-up: initiate with those tasks.
The EC Rubio Attorneys are prepared to Support you during these important challenges.
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