Mexico City- Once the term for the legitimization of collective contracts expired, only 18.3 percent of formal workers in the country remained unionized.
The labor reform granted a period of four years for the unions to validate the collective contracts through the vote of the workers, and those that did not do so were cancelled.
In a balance made by the Ministry of Labor (STPS) it is reported that there are about 4 million workers who are affiliated with a union. This is less than a fifth of the 21.7 million workers registered with the Mexican Social Security Institute (IMSS).
Until now, between 18,000 and 20,000 collective contracts have been validated, with which between 119,000 and 121 white contracts have disappeared. With these legitimization processes, the final result was that some 6,000 unions, federal and local, achieved effective representation.
“With the conclusion of the registry for the legitimization of collective contracts, the four-year process that led to the establishment of a new system of labor justice and union democracy as its two pillars ends,” said the STPS.
If the collective bargaining agreement was cancelled, the acquired rights of the workers are not affected.
For example, if the contract contemplated more vacation days than those indicated by the Federal Labor Law or included productivity bonuses, personnel transportation, savings funds, funeral expenses or other benefits, the employer must continue to comply with the agreement in said contract.
In the event that the collective contract that was terminated established shared obligations between the company and the union, the employer must seek alternatives to continue granting these benefits, although without the intervention of the union whose contract was terminated, the labor authority warned. .
“The benefits and rights of each worker, such as seniority, social security, Christmas bonus, accumulated vacation days or any other right that they have due to their employment relationship must continue to be fulfilled.
“Therefore, it is illegal for the employer to dismiss, liquidate or intend to separate and then rehire the workers due to the termination of the collective contract,” stressed the Ministry of Labor.
To sign a new collective contract, the interested union must have the support of at least 30 percent of the total number of workers and obtain the Certificate of Representation.
