Littler Global Guide - Mexico - Q3 2022

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New Guidelines on Union Democracy Released

New Order or Decree

Authors: Jorge Sales Boyoli, Shareholder, and Erick Fernandez Mata, Associate – Littler

On July 26, 2022, the Governing Board of Mexico’s Federal Center for Conciliation and Labor Registration unanimously approved the General Guidelines for Union Democracy Procedures, which standardize labor relations criteria for unions, companies, and the Federal Labor Center itself. This document, which has gone somewhat unnoticed, addresses relevant aspects of union organizing and are mandatory as of April 18, 2022. The new document is the result of two years’ worth of union election analysis and of the various claims found in labor complaints filed in the framework of the United States-Mexico-Canada Agreement (USMCA), under the rapid response mechanism. Although it is questionable whether the guidelines exceed Federal Labor Law regulations and are therefore unconstitutional, the document is undoubtedly a useful instrument in the face of the changing era of labor relations that Mexico is experiencing.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.