Mexico Senate Ratifies ILO Convention 98 on Collective Bargaining

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Leer en Español: El Senado de México Ratifica OIT Convenio 98 sobre Negociación Colectiva

Mexico's Plenary of the Senate of the Republic on Aug. 21, 2018, unanimously ratified International Labor Organization (ILO) Convention 98 on the Application of the Principles of the Right of Syndication and Collective Bargaining, which was adopted in Geneva on July 1, 1949

It primarily establishes that workers must enjoy adequate protection against any act of discrimination tending to undermine freedom of association in relation to their employment.

It also seeks to regulate that workers' and employers' organizations have adequate protection against any act of interference from one another, whether it is carried out directly or through its members, in its constitution, operation or administration.

Convention 98 guarantees that workers have the right to choose their union, fostering union competition.

As a result, this agreement will combat employer protection contracts and allow freedom of association for employees in Mexico.

Holland & Knight considers it important for our clients doing business in Mexico to be aware of this development and to have their collective bargaining agreements in force to reduce the risk of claims for ownership by collective bargaining agreements or strikes by signatures of these contracts.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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