The Senate approved Monday the labor reform, related to the labour courts and freedom of Association.
This reform seeks to establish, among other things, clear rules, reduce individual judgments of conciliation and ensure optimal representation in collective bargaining.
The laws that were changed were: the Federal Labor, organic of the Judicial power of the Federation, Federal Public Defender, of the Institute of the National Housing Fund for workers and Social Security.
Here you can see the approved opinion.
These changes adds the ratification by Mexico of the Convention 98 of the international of the Labour Organization (ILO), on the right to organize and collective bargaining.
With the reform, Mexico also complies with the international commitments undertaken with the signing of the Treaty between Mexico, United States and Canada (TMEC), claiming to improve the working conditions of the workers.
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The labor reform, according to the legislators, guarantee that decisions taken by workers will be considered and protected.
These are the key points of the reform:
-Employers will be required to give their workers, for free, a printed copy of the collective agreement of initial work or its revision, within 15 days to be deposited to the Federal Center for conciliation and registration Labor.
-Collective labour contracts must be checked at least once every four years.
-About trade unions, federations and confederations, the reform stipulates that workers and employers, have the right to establish organizations of their own choosing, as well as to join them, «with the single condition of observing the» statutes of the first». For this, they will not need prior authorization.
They also have right to free membership and can not be forced to form, or not, part of groupings.
-The choice of policies of trade unions and federations «must be by personal, free, direct and secret vote of its members, and that the period of duration of the policy may not be indefinite. In addition, federations and confederations must be constituted by at least two trade union organizations».
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-Disappear the conciliation and arbitration boards. It will instead create the Federal Center for conciliation and labour registry, which will perform the conciliatory role in federal matters and carry the registration of all collective contracts of employment, regulations Interior and trade union organizations.
«Each conciliation centre will be established as public decentralized organism of the respective State, which will have the number of delegations which deemed necessary to constitute and will have legal personality and own patrimony, thus as full autonomy technical, operational, budgetary, management and decision», says the approved proposal.
-The previous reform already envisaged sanctions workers for acts of harassment or sexual harassment, as well as fines ranging from 250 to 5000 units of measure and update existing.
These are applied to the employer who commits any act or discriminatory behaviour in the workplace; sexual harassment or tolerated or allow acts of harassment or sexual harassment against their workers.
However the reform added obligation to the pattern: «implement, in agreement with the workers, a protocol for preventing discrimination for reasons of gender and care of cases of violence and sexual harassment, as well as to eradicate forced and child labour «.»
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Also notes the procedures of conciliation that when there is sexual harassment, discrimination or other acts of violence, in which there is imminent risk of re-victimization «authority will take measures conducive to never meet or» place the quoted person which is attributed to such acts».
«In these cases conciliation will be with the representative or agent of the aforementioned» to avoid that the victim and the suspect are in the same place.
-Disputes between policyholders and their beneficiaries and the IMSS on benefits that gives the Social Security Act must apply to the federal courts in labour matters. While the who is present between the Institute and patterns (and other required subject), they will be processed before the Federal Court of administrative justice.
-Reform streamlines the right to an effective judicial protection, understood as the right to attend independent and impartial courts to raise a claim or defend against an indictment.
With information from Notimex.
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