On July 31, 2019, Mexico's Ministry of Labor and Social Welfare or Secretaría del Trabajo y Previsión Social (STPS) published in the Official Gazette of the Federation (Diario Oficial de la Federación) (DOF) the protocol to legitimize currently existing collective bargaining agreements (CBAs). This protocol will be valid from now until the Federal Center for Conciliation and Labor Registration begins its operations. The protocol was issued in compliance with Mexico's labor law reform, which was enacted on May 1, 2019.
Important Considerations for the Protocol
The protocol specifies guidelines for the filing of currently existing CBAs, their recognition, legitimization, and finally, their transfer to the labor registry center once it opens for operations (which is expected to be on May 1, 2021). The new guidelines provide for:
acknowledgement of the existing CBA by the employees; and a voting process for the acceptance/rejection of the (existing or newly renegotiated) CBAs. Steps to Take Prior to the Vote
According to the protocol, the union is required to file a digital notification to the STPS, enabling the union to decide whether to require assistance from the Labor Authority or use a notary public. (If the union chooses to use the Labor Authority, it will be subject to the Labor Authority's availability to conduct the vote.)
The union must provide the following information in its petition:
Information on the union: general information about the union, including domicile, the name of the union's general secretary, and a copy of his or her identification card, as well as the Toma de Nota (the union's articles of incorporation and representation documents of the union's directive); Information on the employer: the employer's tax identification number, industry, email address, and telephone number; Information from the CBA: the labor authority and file number, the number of employees under the protection of the CBA, and a list of employees with voting rights (in XLS or CSV file formats, the name and Clave Única de Registro de Población or Unique Code of Population Registry (which is a federal identification number), main benefits, such as vacation, vacation premium pay, and Christmas bonus and wage scale); and Information on the notary public: if considering utilizing a notary public, the notary's complete name, notary identification number, email, and contact information. Once the petition is electronically filed, the union will...