The Mexican bureaucracy for the application of the labor reform is what most worries the US government, as well as the little progress in labor justice, the change and the transformation of the labor relationship between companies and unions.
According to the report that the Joe Biden government will be carrying out every six months, and that I have in my possession, the labor reform has also not permeated the knowledge and awareness of workers of the right to freedom of association and effective collective bargaining that it is sought with the Trade Agreement between Mexico, the United States and Canada (TMEC).
And in the face of investments of 168 million dollars that the neighboring country will apply, mostly in Mexico, for the implementation and labor changes in training of judges and innovation, it will not be for less that the supervision of the US is at the order of the day, and it is even known that the arrival of supervisors in Mexico is latent.
Next February 1st will be decisive and May 19th will be three years since its application, and one year before all the changes must be ready, which is far from being delayed. It is estimated that there is hardly any progress of no more than 20%, and we are one year away from the end of the term.
It is true that the amount that the United States is disposing of has not been given to the Mexican authorities immediately, everything has been gradual, since the authorities of the current government, led by Andrés Manuel López Obrador, must be held accountable for the monetary amounts received.
The pending issues lie in adequately equipping the new labor justice institutions, as well as completing the recruitment, training and staffing of these bodies.
Meanwhile, the Mexican government proposed the implementation of resources for the reform of the federal labor law, of almost 228 million dollars (mdd). This does not include funds that will be allocated at the state level.
As approved, the federal budget is about $97 million less than President López Obrador’s commitment for 2019 to Congressman Richard Neal, chairman of the House Ways and Means Committee, for 2022 funding.
As for 2021, when $164.5 million was allocated initially and then $13.2 million was added, it is likely that the Ministry of Finance and Public Credit (Hacienda) will allocate additional resources for the implementation of the labor reform in mid-2022.
The big but is the delay of the companies and the unions, given that the advance does not reach 0.5% of the 556 thousand registered collective contracts, and there is only one year left for all of them to be signed.
Hence, the strength of unions, the disappearance of many more, and the arduous negotiations between companies and employees will be the order of the day, but it will be a great burden, as well as the lack of access to new figures and the disappearance of institutions such as the Conciliation and Arbitration Boards.
According to the Ministry of Labor, under the tutelage of Luisa María Alcalde, there are four pending constitutional protections for the labor reform, which, according to the agency, will be dismissed based on the ruling of March 26, 2021 of the Second Chamber of the Supreme Court of Justice of the Nation, which confirmed the constitutionality of the reform and established the criteria to guide decisions on future legal challenges to the reform. In short, more legal processes are not ruled out in view of the slow pace of the application of the labor reform, three years after its enactment.
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