According to the Ministry of Labor and Social Welfare (STPS) this May 1, 2023, the term expires for the union representations have finalized their legitimation process, once it is estimated that the 87% of collective bargaining agreementsregistered as current and alive in the country, will have disappeared because they are protection contracts with mock unions.
The dependency indicates that with the conclusion of the registry for the legitimation of collective contracts, the 4 year processthat is, half that was given for the implementation of a new system of labor justice and trade union democracy.
As we have mentioned in other informative notes of The Truth News according to Article 386, of the Federal Labor Law establishes that the collective bargaining agreement is the agreement entered into between one or more worker unions and one or more employers, or one or more employer unions, in order to establish the conditions under which the work must be provided in one or more companies or establishments.
Why will some collective agreements disappear?
After May 1, there will remain between 18,000 and 20,000 collective contracts in force.
For this reason, the STPS also establishes that the purge will allow the reform, among the results it indicates that there will be: close to 4 million unionized workers in the country; an average of 18,000 to 20,000 collective contracts in force; between 121,000 and 119,000 white contracts will have disappeared and around 6,000 unions, federal and local, with effective representation.
Due to the above, as of May 2, the following will happen with contracts that have not been legitimized or have been rejected: they will be terminated; the union loses the administration of the collective bargaining agreement (CCT), and all the rights associated with it (union office, savings funds, permits, among other aspects.
The company must respect all rights and benefits acquired in the CCT through individual contracts; Unions interested in signing a new CCT must prove to the Federal Center for Conciliation and Labor Registration (CFCRL) the support of at least 30% and obtain the Certificate of Representation; In the same way, while there is no CCT, the company must adopt a policy of neutrality; that is, to give equal treatment to all the unions that have members in the company.
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In the same way, among the results of the process, the following also stand out: 66 Federal Conciliation and Arbitration Boards closed their doors and are in the process of disappearing at the end of their lag.
It is important to highlight that, in addition, 61 Local Conciliation Boards closed their doors and are in the process of disappearing at the end of their backlog; the creation of 105 local conciliation center locations, as well as 43 federal conciliation center locations, 102 local labor court locations and 41 federal labor court locations.
With information from Excelsior
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