[ad_1]
In an analysis of the implementation of the labour reform, and specifically the process of legitimation of collective bargaining agreements, the Maquila Solidarity Network (RSM) – Toronto-based women’s and labor rights organization, Canada– announced that there are at least three weaknesses in the process that prevent progress in the elimination of the more than 500,000 employer protection contracts that are estimated to exist in the country.
The first weakness they identify is that almost total control is entrusted to the union organization holder for the realization and presentation of reports on the legitimation consultations; the second is the lack of monitoring by state institutions of the actions of employers and unions before the legitimation consultations; and the third is the lack of public access to information on the results of the votes and the conclusions of the investigations on the complaints of irregularities presented by the workers.
It should be noted that the document presented by the MSN reviewed 1,300 votes to legitimize collective bargaining agreements that were held during the first two years of the process until April 30, 2021.
In this analysis, it was found that there are a small number of government inspectors, which implies that “they are often not available to supervise the legitimation process. This introduces a possible conflict of interest, since the incumbent union is the one who chooses and hires the notary ”, and on many occasions they ignore the complaints of the workers about the development in which the voting process took place.
It should be remembered that the July 2021 report of the Board of Independent Labor Experts in Mexico from the United States (IMLEB) also raised similar concerns about a potential conflict of interest and possible corruption and reported that “the (legitimation) protocol allows a corrupt union to hire and pay a notary, thus legitimizing a collective contract of work and continuing the collection of fees ”.
Slow progress
The report released by the RSM confirms the slow progress in the legitimation process, despite the efforts of the labor authorities, confirms that the vast majority of collective contracts are, in fact, contracts signed between employers and lawyers or leaders of union federations without any relation to the workers of the workplace that they claim to represent.
“In most cases, there is no active union in the workplace that initiates and coordinates the voting process, so these CCTs will hardly be submitted to a legitimation vote.” In fact, the STPS estimates that due to the large number of “dummy” contracts, only 10-15% (ie 53,000-79,500) of the currently registered CCTs will undergo the legitimation process.
Furthermore, he explains: “With just under 2,500 contracts voted on as of December 1, it will be difficult, if not impossible, to achieve even this modest goal. In its July 2021 report, IMLEB estimated that 125 inquiries from CCT legitimation per day, every day, until May 1, 2023 to achieve this goal ”.
Added to this is the fact that trade union organizations have stated that submitting the collective contract to a vote can end labor peace and scare away investments.
[ad_2]