On February 24, 2017, a decree was published in the Official Federal Official Gazette (DOF) declaring that various provisions of Articles 107 and 123 of the Political Constitution of the United Mexican States have been amended and added in Labor Justice, or colloquially known as “Labor Reform 2017”.
This constitutional reform aims to expedite the justice system in labor law, homologating it in turn with other types of law such as civil, mercantile and family; but this change also opens the door to transform labor standards into a more private version. That is, there will be a balanced, equal footing to employers and employees, thus stripping their characteristic social feature.
Having said that, I would like to mention and highlight the first five key points of this reform:
- The Conciliation and Arbitration Boards will disappear and, instead, there will be the Labor Courts.
- There will be two types of Labor Courts: the Federal Courts that will be under the jurisdiction of the Judicial Branch of the Federation and will know the matters that the Federal Boards have; and the Locals, which will be under the jurisdiction of the Courts of Justice of each State as well as the CDMX.
- The Conciliation Centers, either Federal and Local, which will have full technical, operational and even budget autonomy will be created.
- These Centers will be responsible for the stage of Conciliation, which will consist of a single hearing, which will be mandatory and must be fixed expeditiously. There is the possibility of more conciliation hearings only with the will and agreement of the parties.
- Once the Conciliation stage is over, matters will be passed to the local or federal Labor Courts as appropriate.
These first 5 key points cover only a small part of the entire labor reform, so in the coming weeks we will be informing about the changes in the areas of strikes, unions and also in the application and validity of the same.
If you have any questions or comments about the New Labor Reform, we are at your service.
We also inform you that we have at your disposal the latest technological tools to control and monitor your labor litigation. If you are interested in learning about the technological tools for monitoring labor disputes within your reach, you can contact us here.
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