The initiative of a secondary law for the reform of the Federal Labor Law on February 24, 2017 presented before the House of Representatives by the caucus of the Movimiento Regeneración Nacional (MORENA) party establishes the basis for workers to choose democratically form their union leaders and demand accountability, and requires trade unions to submit in writing to each of its members the report of everything related to their heritage.
The reform creates the Federal Labor Conciliation and Registry Center and establishes sanctions for public servants and lawyers who comment on irregularities.
How The party of the Movimiento Regeneración Nacional (MORENA) party presented a secondary law initiative for the reform carried out on February 24, 2017, to the Federal Labor Law that provides workers with The right to elect their trade unions and union leaders freely and democratically, but also requires trade unions to submit written accounts.
The initiative presented yesterday before the Plenary of the Chamber of Deputies by the legislator Miguel Ángel Chico Herrera endorses and extends the right of workers and employers to build organizations that “they deem convenient“, the prohibition of employers and the State to interfere in the workers’ unions, gives workers the right to audit and demand accountability from their unions and forces the union to render accounts to its members in writing to each of its members.
“Recognizes and specifies the right of workers to organize freely in the manner and scope they decide; establishes that, in the registration of trade unions, federations and confederations, as well as in the updating of trade union directives, the principles of autonomy, equity, democracy, legality, transparency, certainty, gratuity, immediacy, impartiality, and impartiality are observed and prevailed. as respect for freedom of association; it demands that, in matters of trade union registration and updating, the will of the workers prevails and the collective interest over aspects of a formal nature, “says the initiative.
The legislators of Morena seek to guarantee the free will of the members of a union and the duty of the union to comply with its statutory provisions for the appointment of its leaders.
“Establishes as a mandatory norm that the statutes include as a requirement for approval the majority support of workers through personal, free and secret votes; allows unions to request the labor authority to certify compliance with the standards in their statutes; endorses, broadly and precisely the obligation of the union’s board of directors to render accounts to its members, as well as the duty to deliver a written copy of the respective report to each of its members, “he says.
The members of the union, says the initiative, may request information on the administration of the assets of their organization and go to the registry authority to report irregularities. The proposed secondary legislation establishes that union statutes must establish “the mechanisms to punish those responsible for the improper handling of union resources”.
“It prohibits unions, federations and confederations from participating in schemes of tax evasion, breach of employer obligations and acts of simulation; establishes an agile and simple procedure for obtaining the Constancy of Representativeness on the part of the unions, so that they can celebrate, revise or modify the contract law or collective work before the labor authority or tribunal, “he says.
The initiative establishes in its Article 38 that “nobody can be forced to form or not part of a union, federation or confederation. Any stipulation that distorts this provision in any way will be considered as not having been made, “and that the procedures for electing its directors will be through the” free exercise of the personal, free and secret vote of the members “.
“The period of duration of the directives may not be indefinite, or injurious to the right to participate and to vote and be voted,” he says.
The unions must be established with a minimum of 20 workers or with three minimum employers and the federations and confederations must be formed by at least two union organizations and specify that in terms of trade union registration and update “the will of the workers and the collective interest shall prevail over aspects of formal order “.
CONCILIATION AND LABOR REGISTRATION
The initiative creates the Federal Labor Conciliation and Registry Center and labor courts of the Federal Judicial Branch, which will replace what the current Conciliation and Arbitration Board has up to now.
The Center must enter into force in two terms: the functions registered within a period no longer than two years after the entry into force of the decree and the conciliatory functions at the same time as the labor courts within a term not exceeding four years.
“With regard to the conciliation function, the Federal Center for Conciliation and Labor Registration will establish the regional offices or delegations in the order and sequence established by the Judicial Council; in which it does to the local labor courts that will be in charge of the judicial powers of the federative entities, like the Centers of Conciliation of these entities, they will have to enter into functions in a term of three years from that it comes into force the reform, for which reason it is provided that in the same term the interinstitutional coordination necessary for the simultaneous operation of both bodies is carried out. The foregoing requires that in said term its structure be established, judges are trained,
The conciliation and arbitration boards, the Ministry of Labor and Social Security and the executive powers of the states must make a transfer of records to the National Center for Conciliation and Registration through electronic means at least six months before the Center begins. your registration activities.
In accordance with the transitional provisions of the reform as long as the local courts do not take office, the conciliation and arbitration boards will continue to “know and resolve labor disputes” until their conclusion.
The reform also provides for collective bargaining agreements to be reviewed at least once during the four years following the entry into force of the decree “to ensure that all collective agreements have been made known to workers”.
TO PUBLIC SERVERS AND LAWYERS
The reform initiative foresees a chapter of sanctions for the public servants of the Conciliation Centers that obstruct or delay the conciliation procedure, and also for the lawyers.
“The lawyers, litigants or representatives that promote actions, exceptions, incidents, diligences, evidence, resources and, in general, any action in a notoriously inadmissible manner, in order to prolong, delay or hinder the substantiation or resolution of a labor lawsuit , they will be fined 100 to 1000 times the Measurement and Update Unit, “he says.
“To the public servants of the Federal Center for Conciliation and Labor Registration when they delay, obstruct or influence the procedure of union registrations and collective agreements and internal labor regulations for or against one of the parties, as well as in the granting the constancy of representativeness without just cause will be imposed a fine of 100 to 1000 times the Unit of Measurement and Update. As regards the public servants of the local Conciliation Centers, they will be sanctioned in the same terms, when in the performance of their conciliation function they incur in these conducts “, stimulates the initiative. In addition, in the case of officials, the Public Ministry will be notified when necessary.
“Article 48 Bis. For purposes of article 48 of this law, the following shall be considered as infringing behaviors:
I. In the case of parties, lawyers, litigants, representatives or witnesses:
a) Offer some personal benefit, gift or bribe to officials of the Federal Labor Conciliation and Registration Center, Local Conciliation Centers or Labor Courts; as well as third parties of a labor procedure;
b) Alter a document signed by the worker with a different purpose to incorporate the resignation;
c) Require the signing of blank papers in the hiring or at any time of the employment relationship;
d) Presentation of notoriously false facts in the labor trial, by any of the parties or their representatives, about the salary or the length of the employment relationship;
e) Denying access to an establishment or work center to the actuary or notifier of the labor authority, when the latter requests to make a notification. Likewise, refusing to receive the documents related to the notification ordered by the labor authority in the case of the domicile of the corporate name or the person or entity sought.
II. In the case of public servants, notoriously inappropriate actions will be considered:
a) Raise the reason for a notification stating that it was incorporated in the address that was ordered to make the notification, without having been constituted in it;
b) Raise the reason for a notification or identity card without these being made;
c) To omit to make a notification within the term established by the Law or ordered by the labor authority;
d) Deliberately deliberate the notification of a conciliation hearing, the location of a labor trial or any personal notification of the labor proceeding, to benefit any of the parties to the proceeding or to receive a benefit from any of the parties;
e) Receive a gift from any party or interested third party;
f) Deliberately delay the execution of judgments and agreements that are res judicata;
g) Admit tests not related to the litis that delay the procedure;
h) Delay an agreement or resolution more than eight days of the terms established in the law;
i) Hide files in order to delay the trial or prevent the holding of a hearing or proceeding; and
j) To delay and obstruct the delivery of the constancy of representativeness without just cause.
k) Refusal to receive unjustifiably the worker of a public or parastatal body a notification of a Conciliation Center or a Labor Court, or hinder its realization, in which case it should be given sight to the corresponding Internal Control Body, independently of the sanctions that are established in this Law.
Behavior is considered serious if the delay is due to omissions or irregular conduct of public servants; in these cases, in addition to the sanctions that are applicable in accordance with the General Law of Administrative Responsibilities, those responsible will be fined 100 to 1000 times the current Measurement and Update Unit and the Public Prosecutor’s Office must be given a hearing. possible commission of crimes against the administration of justice “, establishes the reform initiative.
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