EXTENSION FOR THE IMPLEMENTATION OF THE JUSTICE LABOR REFORM.

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Mexico City, January 22nd, 2022.

 

On January 18th, 2022, the Ministry of Labor and Social Welfare (“STPS” for its acronym in Spanish), through the Coordination Council for the Implementation of the Reform of the Labor Justice System (the “Council”), issued a statement as a result of its first 2022 ordinary meeting.

 

In accordance with the transitory articles of the reform to Mexican Federal Labor Law of May 1, 2019, the implementation of the third stage of the Justice Labor Reform should enter into force as of May 1, 2022, in Mexico City, Coahuila, Chihuahua, Guerrero, Jalisco, Michoacán, Nayarit, Nuevo León, Sinaloa, Sonora, Tamaulipas and Yucatán.

 

The Council agreed to request Congress an extension for October 3, 2022, to allow local institutions, namely the Conciliation Center and Labor Courts, to get properly set up and equipped to perform their functions.

 

This means that the Conciliation and Arbitration Boards that operate in said states will continue to receive labor claims until September 30 of this year and the legal proceedings prior to the 2019 reform will continue to be in effect. This, of course, provided that the extension is approved by Congress and published in the Federation’s Official Gazette.

 

Council’s statement also includes the following matters of interest:

 

  1. 76% of labor disputes filed within the 21 states in which the labor reform has already been implemented, are resolved in the statutory pre-judicial conciliation stage.
  2. More than fourteen thousand labor files have been received and they are resolved on average in 5 months.
  3. More than one million employees have been consulted in regard to the process to legitimate collective bargaining agreements and almost six thousand legitimization processes have been initiated. It is noteworthy that less than half of these processes have resulted in the legitimization of the collective bargaining agreement.
  4. 213 reviews of collective bargaining agreements and almost 700 internal work regulations have been registered up to date.

 

We hope this information is of interest to you.

 

The partners and associates of our labor and employment practice group will be glad and ready to follow up as needed.

 

S I N C E R E L Y,

 

Jorge De Presno

jorgedepresno@basham.com.mx

 

David Puente

dpuente@basham.com.mx

 

Álvaro González

agonzalez@basham.com.mx