Chihuahua, Chih., September 26th, 2022.
Dear Clients and Friends,
As it is of public knowledge, last May 18, a decree was published in the Official Gazette of the Federation (DOF) reforming the Fifth Transitory Article of the Federal Labor Law (LFT), regarding labor justice. By means of this decree, the start date of operations of the Conciliation Centers and Courts of the Judicial Branch of the states of Chihuahua, Tamaulipas, Nuevo Leon, Coahuila, Sonora, Sinaloa, Nayarit, Jalisco, Michoacan, Mexico City and Yucatan was extended, establishing October 3, 2022 as the deadline for the start of operations.
Therefore, we inform that on September 20, 2022, was published in the Official Gazette of the Federation (DOF), the declaration that orders the beginning of functions of the third stage of implementation of the labor justice reform on October 3, 2022 in a definitive and non-extendable way, whose main objective will be the delivery of labor justice useing the new model designed to privilege conciliation between the parties before the difference of labor situations involving workers and their employers, in addition to the simplification of labor processes (lawsuits) with a process that will be carried out before the new Labor Courts of local and federal jurisdiction, in charge of the Judicial authorities of the States and of the Federation respectively.
With the foregoing, all the phases scheduled for the application of the labor reform will be completed, so that the provisions related to the procedures of the Federal Labor Law reformed on May 1, 2019 will be applicable and mandatory throughout the Mexican Republic.
It will be extremely important for companies to review or modify the content of the powers of attorney granted to their legal representatives, since they must have express powers to represent their principals before the new labor authorities and thus avoid any objection to their appearance in court.
The foregoing is also intended to conclude the thousands of labor lawsuits that are still pending before the Conciliation and Arbitration Boards in the state of Chihuahua in particular, a challenge that, with the goals and commitments defined by the authorities to definitively migrate to the recent model of labor justice and the training of the new institutions and officials appointed for such purposes, will surely lead the parties involved, authorities and litigants to find new ways to solve their conflicts in the short term and settle the differences generated in the search to achieve quick and expeditious labor justice under a model that places our country at the margin of the demands of the international concert in which it finds itself.
In this law firm we remain at your service for any questions or comments related to the information required, hoping to find a successful decision making in its administration and compliance, so we recommend to remain attentive to the new provisions that arise with respect to this particular issue.
Responsible for the publication.
Daniel Alfonso Jiménez Lara/Partner and responsable for the Labor Practice Group.
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