Implementation of the Labor Reform

Implementation of the Labor Reform

Further to the labor reform of May 1, 2019, by which various provisions of the Federal Labor Law and other secondary laws are repealed, amended, and added, we inform you that tomorrow marks the beginning of the first stage of implementation of said reform in matters of labor justice.

In this first stage, the new form of administering labor justice will begin in the following federal entities: Zacatecas, Durango (with the exception of certain municipalities), Campeche, Chiapas, San Luis Potosí, Hidalgo, State of Mexico, Tabasco (with the exception of certain municipalities), and Mexico City (only collective disputes of federal jurisdiction that arise in the municipalities of the aforementioned federal entities). In these states, the jurisdiction of the Conciliation and Arbitration Boards (belonging to the Executive Branch) will be transferred to Labor Courts, establishing a single-instance ordinary labor proceeding under the charge of the federal and local Judicial Branch, respectively; as well as establishing a mandatory pre-judicial conciliation stage. In this new proceeding, the parties must attach the evidence from the initial complaint and when answering it, as applicable; likewise, the procedural strategy of offering the job will not reverse the burden of proof; terminating the employment relationship will be subject to the new regulations; among other relevant changes. Additionally, the Federal Center for Labor Conciliation and Registration will begin operating, which will be in charge of the registration of collective bargaining agreements and unions, internal work regulations, as well as the conciliation function at the federal level. At the local level, the Conciliation Centers will have only the conciliation function. In view of the foregoing, we remain at your service to support you in this transition, as well as to implement new preventive and defense strategies in the face of possible labor lawsuits. For additional information, please contact our experts: Rodolfo Trampe, Partner: +52 (55) 5258 1054 | rtrampe@vwys.com.mx Alix Trimmer, Associate: +52 (55) 5258 1016 | atrimmer@vwys.com.mx Alejandro Pérez, Associate: +52 (55) 5258 1054 | alperez@vwys.com.mx