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​On May 1, Mexican President Andrés Manuel López Obrador allowable a activity law ameliorate that overhauls alone application agreements, activity and aggregate relationships, and alone litigation. The law ameliorate took aftereffect May 2.



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Individual Application Agreements

Individual application agreements (i.e., agreements amid a artisan and the employer) now charge accommodate the arrangement of the worker’s beneficiaries for acquittal of accrued bacon and allowances in case of the employee’s afterlife or dematerialization due to a bent act.



New accoutrement broadcast the benefits-eligibility belief for workers’ beneficiaries in case of the worker’s afterlife or disappearance. Those acceptable for allowances who will not charge to authenticate bread-and-butter annex accommodate not alone the absolute spouse, but additionally accouchement beneath age 18, accouchement 18 or earlier who accept a disability, and accouchement up to age 25 who are belief in Mexico.



Internet-based tax certificates (“comprobantes fiscales digitales por Internet,” or CFDI, the abridgement in Spanish) can acting printed bacon receipts. The Tax Administering Service (Servicio de Administración Tributaria) website can be acclimated to verify their validity. Using the Internet-based tax certificates would not abate administering of the claim to affair printed bacon receipts aloft the worker’s request. Such printed bacon receipts will crave a worker’s actual, accounting signature.

Each aggregation charge implement, in acceding with its workers, an centralized acceding to anticipate discrimination, abode abandon and sexual-harassment cases, and eradicate affected activity and adolescent labor.

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Labor and Aggregate Relationships

The ameliorate accustomed an accessible and cellophane archetypal of abutment elections that requires workers’ ascribe during the negotiations of aggregate acceding agreements (CBAs).

Representation certificates will be appropriate to prove that a abutment represents at atomic 30 percent of the workers of a company.

With bound exceptions, administering will be appropriate to access a CBA with alone one union. Should added than one abutment crave a representation certificate, the Federal Abatement Center and Activity Registry (Centro Federal de Conciliación y Registro Laboral, or CFCRL, its Spanish abbreviation) will adapt secret-ballot elections to analyze which abutment will represent the workers. In case a abutment argues that the abutment that holds the representation affidavit has absent the abutment of the majority of employees, the activity court—and not the CFCRL—will adapt secret-ballot elections to analyze if the abutment has absent the workers’ representation.

Employers cannot arbitrate during the elections. Administering additionally are banned from accustomed out any conduct advised to ascendancy or access the union.

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Once the employer and the abutment accede on the acceding of the CBA, its capacity shall be appear to the workers for majority approval afore actuality filed with the CFCRL. Likewise, the employer may not participate during this process, and the acceding may booty aftereffect alone afterwards CFCRL approval.

Employers charge bear to every artisan a archetype of the CBA, as able-bodied as column and advertise advice and accordant abstracts appropriate for the representation certificate.

CBAs in abode back the ameliorate was allowable charge be revised at atomic already aural the abutting four years beneath amends of abortion of the CBA. If a CBA is concluded beneath this provision, workers will accumulate accepting the allowances set alternating in that CBA.

In the accident of a strike, the abutment charge appearance the agnate representation affidavit to authenticate that it entered into a CBA with the employer.

Before a bang may begin, a cloister will arouse the parties to authority appeasing talks and may extend the prestrike aeon if:

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 [SHRM members-only toolkit: Introduction to the Global Human Resources Discipline]

Individual Litigation

The Abatement and Arbitration Boards (CAB) will be phased out, and activity courts will angle in their place. Matters arising afterwards the ameliorate takes aftereffect will abide to be bound by the CAB until the activity courts activate operating.

Within a aeon of three to four years from achievement of the new law, abatement centers will alpha administering prejudicial abatement proceedings. This action charge be beat above-mentioned to filing a accusation in the courts, except in the afterward cases, which are absolved from the appeasing process:

The ameliorate requires the employer to accommodated its accountability of affidavit at every date of the litigation.

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Mónica Schiaffino is an advocate with Littler in Mexico City.

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Last Updated: November 9th, 2019 by darurat
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