international employment law firm alliance L&E Global

Mexican Chamber of Deputies discussed the Amendment of the Federal Labour Law

The Mexican Chamber of Deputies recently discussed the Amendment of the Federal Labour Law (FLL).

The Chamber of Deputies have had several meetings in order to improve the current FLL, improving the quality of employment conditions for Mexican employees.

The amendment of the FLL will have several modifications regarding employment and labour matters. In the meetings held by the Chamber of Deputies the following key points were discussed:

  • Changes in defense strategy for litigation matters.
  • When the employer does not provide the employee with a termination notice it will be assumed that the termination was a wrongful dismissal.
  • Employers will have the right to not reinstatement certain employees.
  • It will be possible for either employees or the employer to dissolve an extortionist union.
  • A Union that does not have the 30 of the employees’ representation will not have the Representation Certificate.
  • The amendment will not include the right to not unionise as part of freedom of association.
  • The execution of CBAs must have the support of workers to whom it will apply, which will be by personal, free and secret vote.
  • The agreements to revise or modify CBAs must be executed before the authority and must be supported by the majority of workers covered by the CBA, by personal, free and secret vote.
  • Several provisions are set forth in the strike procedure to make them consistent with the guarantees of freedom of association and, in the event of a headcount, provisions are set to ensure the integrity of the voters’ records and the secret vote.