Chihuahua, Chih., February the 27th, 2018.
Dear Clients and Friends,
At the end of last year, the Senators, members of the PRI political party, presented before the Congress Upper Chamber a bill to amend the Federal Labor Law.
The principal adjustments are the following:
• Creation of the Labor Law Courts that will be a part of the Judicial System (the current Boards of Conciliation and Arbitration belong to the Executive Authority).
• Previous to the start of an individual labor trial, all parties shall attend the “Conciliation Centre” that will be created and will have their own regulation.
• If the parties do not reach an agreement through the Conciliation Centre, they will be able to file the respective claim.
• The procedure for the individual labor trials will be modified in a significant manner. It will be featured by a first stage, in which the defendant (natural or entity), shall present their evidence (reply brief), and a second oral stage.
• Outsourcing of staff will be easier due to the reduction of the requirements established on the 2012 amendment to the labor law, but maintaining the penalties and sanctions to the employers that do not fulfill their legal duties with their employees.
• To notify a Strike requesting the signing of a collective bargaining agreement, the Union shall prove that they represent the employees. If the Company does not have any workers, the case will be filed.
• To register a Collective Bargaining Agreement the requirements are as follows: a copy of the Employer Registration before the IMSS, a list of all of the employees, and their Social Security Number.
We emphasize that to this day, no amendment has been implemented.
We will keep you informed of any advance or change.
For further inquiries please contact us at contacto@iclmx.com.