2024 already has accumulated the highest rate of requests for the investigation of alleged violations in regard to freedom of association and collective bargaining in companies that operate in the country; this within the framework of the USMCA labor commitments and, thus, it is time to make several reflections in this regard.
The labor protection scheme that existed in Mexico before the reform of 2019, which consisted in having a “paper” collective bargaining agreement, entailed that the unions that used them had total control over the employment relationship, particularly in regard to salary and benefits agreements with the companies.
This brought peace and stability, allowing a very significant growth in industry and in the economy, but it also had negative consequences in working conditions and in the quality of employment. A clear example of this situation has to do with the existence of the exclusionary clauses, which were used in some cases to avoid dissent within the active unions in the country, and which are now obsolete because of the reform.
With this precedent, the practice of labor control became widespread, this practice consisted in terminating the employment relationship with those workers who expressed dissatisfaction with the union in place at the time or those workers who proposed new alternatives for collective affiliation.
With the rise of independent unions and through pressure from the Rapid Response Labor Mechanism (RRLM), this situation is changing drastically; nevertheless, having the pendulum swinging from one extreme to the other is not healthy either.
Respect for freedom of association is doubtless a fundamental right and its protection is prioritary; however, we now see the emergence of complaints due to alleged violations of that guarantee in environments that have a true respect for the collective will of the workers.
But this respect cannot go against the stability of companies, that is, we went from an extreme in which companies had total control of the collective relationship, to the opposite pole in which they are completely vulnerable and are at the mercy of any denouncement, whether true or not, which forces companies to live in a framework of total uncertainty.
This reality greatly affects the attraction of industrial investment capital, which, although still coming into the country, will sooner or later be demotivated by the risks in regard to labor, which are becoming greater.
Good behavior in labor matters is not sufficient; today, companies must be better prepared than ever through the use of solid tools that allow them to prevent these risks. In this sense, there are several elements to take into consideration:
» 1. Real neutrality policies and practices
It is not just about writing and publishing a letter of neutrality, companies must take the need to develop a culture of respect for the decisions of their workers in collective matters very seriously, but they also have to take part in their training so that workers exercise this right responsibly and with conscious awareness.
It is necessary to develop internal protocols to address the new situations that companies are living in regard to the participation of minority unions, the disaffiliation of workers or a greater risk of demands for union certification.
» 2. Healthy labor relationships
Today, more than ever, a true collective relationship, with or without a union, is the best way to protect labor stability in the company. Within the framework of legitimation of CCTs (Collective Bargaining Agreements) we saw how some companies “activated” friendly unions as representatives of their workers.
This artificial union scheme has only brought a greater risk, as the worker continues to perceive the union as an ally of the company and, therefore, a true relationship is not cemented; thus, we see in many demands for union certification that the vote of the workers represents more of a punishment for the union in place at the time rather than true support for the new one.
For its part, the labor authority must also evolve in the understanding of union free environment, defining tools for consolidating this type of environment when this is the will of the workers.
» 3. Preparation for the crisis
The risk of a labor complaint, whether based in truth or not, is imminent, not only in the sectors monitored by the USMCA and, therefore, it is necessary to be clearly prepared to face this problem. This requires a solid strategy that includes internal and external monitoring of the labor risk, communication and education strategies that are effective at all levels, relationships with key authorities and a true commitment for seeking labor sustainability through actions that are fair and balanced for workers and companies.
Everything points toward an even more effervescent panorama in collective matters in 2025. The next few years will surely be key for the labor transformation of the country and, therefore, it is fundamental to continue monitoring the risks in the environment.
