On July 31, 2019, the Ministry of Labor (the “ML”) published the Protocol for the Legitimation of existing Collective Bargaining Agreements (the “Protocol”).
The legitimation process should take place before May 1, 2023. Such process is independent from the annual reviews of the Collective Bargaining Agreements (“CBAs”) before the Labor Boards.
Please find below the main topics of the Protocol, which became effective on August 1, 2019.
Objective: Establish rules and procedures for the legitimation of the existing CBAs.
Procedure: The Union that executed the CBA must give notice to the ML, through its electronic system, with at least 10 days before the correspondent employees’ consultation.
Notice to the ML: In addition to the information of the union that executed the CBA, the notification must contain:
- The CBA file number and the authority in which it was filed.
- The employer’s corporate information.
- The number of unionized employees
- A list of employees with the right to vote, including the name and Unique Population Registration Code (CURP by its Spanish acronym).
- The main benefits established in the CBA.
- The date, time, and place in which the consultation will take place.
Consultation: The Union may request the support from a public notary or the local authority to verify the Consultation process.
The voting format for the Consultation will be the ones generated and printed from the ML’s electronic system.
The voting will take place on the established date and time, guaranteeing a free, secret, personal, secure and pacific way for employees to cast their vote.
The Employer will not intervene in the voting process.
The results of the votes must be placed in a visible location at the workplace and must be informed through the ML’s electronic system.
The labor authority may verify the compliance of the Protocol’s requirements.
In the event that the ML does not issue observations or comments within the twenty (20) business days following the date in which the Consultation result was notified, the CBA will be considered legitimated.
Note: This Protocol will be valid until the incorporation of the Federal Center for Conciliation and Labor Registry.
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