After almost 60 years in CIVAC, Morelos, Nissan México announced the closure of its operations, which represents quite a challenge for our county´s new labor model, which started in 2019, stated Óscar de la Vega, labor specialist at D&MAbogados.
He said that “unfortunately, given the reduction in the export of products and services as a consequence of the tariffs imposed by the US government, we will be facing a significant reduction in the workforce throughout the country.”
He pointed out that while the Federal Labor Law regulates these processes, establishing that when collective termination of employment relationships is caused by a “force majeure” not attributable to the employer that prevents it from fulfilling its labor obligations, they must submit to a special collective procedure, which is a summary proceeding, in which the employer must prove the force majeure that originates the personnel reduction.
It must be recalled that on July 29 of this year the Nissan company informed that “the company is consolidating vehicle production of its CIVAC plant in the Aguascalientes, Mexico complex …( ) It will transfer all vehicle production in Mexico to the Aguascalientes complex during the 2025 fiscal year.” In this sense, De la Vega said, “this being a collective termination that is the consequence of a notorious lack of profitability, a collective dispute of an economic nature must be filed.”
The foregoing may bring about some modifications in the severance payments, in both cases, the specialist pointed out; the indemnization received by the worker will be of 3 months and 12 days for each year worked, not the 20 days for each year worked; this turn of events will put the new judges in labor justice to the test.
He explained that this is “because these are complex matters that affect a great number of workers and companies. In this sense, the judges will have to demonstrate their technical knowledge and independent judgment.”
Lastly, we must recall that in a letter sent to the workers, the company assured them of “full compliance with labor regulations”, as well as of providing the necessary support to the workers affected by this decision.”
The decision made by the Japanese automaker of moving its operations to its Aguascalientes plant has been in the making for more than a year, although several analysis have associated the timing to the current geopolitical situation and the uncertainty created by US President Donald Trump’s tariffs.
Nissan CIVAC’s workers will have to submit to a special collective proceeding, which is a summary process, in which the employer must prove the force majeure that caused this reduction of personnel.
