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Legitimization Of Collective Bargaining Agreements

Author:Mr Carlos Ferrán and Gerardo Valencia
Profession:Cuesta Campos Abogados

As a consequence of the reforms to the Federal Labor Law (FLL) published on May 1st, 2019, on the Federal Official Gazette (DOF, for its acronym in Spanish), the protocol for the legitimization of collective bargaining agreements (CBA) that were previously executed, was published on July, 31st. The objective is to ensure collective freedom, justice and democracy by establishing a set of rules and operative procedures.

The legitimation process will be monitored by the Ministry of Labor and Social Welfare (STPS, for its acronym in Spanish) until the Federal Conciliation and Labor Registry Center begins operations.

The tenant union of the CBA must initiate the legitimation procedure through an electronic notice sent to the corresponding authorities (considering a minimum of 10 days prior to the consultation date); said notice must include certain information on the employer, the union, the CBA and the consultation process. By means of the same notice, the union and the company may request the assistance of a Notary Public attending the consultation process. (The specific information concerning the notice is located on subsection 3 of the following link: http://dof.gob.mx/nota_detalle.php?codigo=5566910&fecha=31/07/2019).

Once the notice is presented, the union must let the employer know immediately, so that the necessary considerations are arranged to carry out the corresponding consultation. The employer must deliver, at least three days before the consultation, copies of the CBA to be...

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