Now that the legitimation of Collective Bargaining Agreements (CCT) has ended, the various union organizations of the country have started a battle, as in the old days, to obtain the representation of the trade unions that have not been able to reach collective labor agreements yet.
It is an attractive concern because, for example, in 4 months, a growth of 110% in the demand of Certificates of Representativeness by union organizations has been observed.
The foregoing in accordance with the Labor Intelligence report issued by the “De la Vega & Martínez Rojas” Labor Law Firm on a monthly basis, based on information issued by the Federal Center for Labor Conciliation and Registration (CFCRL) Nearly 46,477 consultations for the legitimation of collective bargaining agreements were conducted, with the participation of 6,459,269 workers, with a result of 30,421 legitimized collective bargaining agreements,
This shows that “close to 80% of all collective bargaining agreements disappeared with the end of the legitimation period”, explained Blanya Correal, international consultant associated with D&M.
In that sense, Correal explained that only 16% of formal workers in Mexico have union representation, “this leaves the field open to the action of the unions, which is reflected in a growth of more than 110% in certificates of representativeness, this, considering the period from May to August of 2023.”
The Labor Intelligence report explains that “this open field was generated due to the low percentage of legitimation; therefore, collective organizations are using this to their advantage to become the ones that represent the workers. The formal commerce, manufacturing, construction, and restaurant sectors are among the ones with the greatest union activity.
She added that “it is important to recall that the generation of a Certificate of Representativeness requires the actual support of a minimum of 30% of the workers to be covered by a Collective Bargaining Agreement; in this sense, we are seeing very diligent action by the authority because, is compliance with the requirements that must be presented by the unions being truly being monitored?
On the other hand, the Labor Intelligence report explains that since 2021, the year in which the implementation of the Labor Reform started, an increase in union activity has been registered at the Bajío region and on the Northern border of the country, given that the prioritary industries of the USMCA Trade Agreement are located in those areas.
In this regard, Correal pointed out “in 2023 we saw not only a significant concentration in the areas in which the activity is mainly the manufacture of auto-parts and car assembly, but also maquila industry plants, prioritary sectors within the framework of the USMCA; in other words, the industries that are being most closely watched by the trade agreement are the ones that are now the most active in regard to the entry of new unions, which entails the need for greater preparation in the labor, legal and human resources areas for the management of these new challenges.”
