The US abuses the USMCA Labor Mechanism: VW responds after resolving complaint

VW says after no violations of labor rights were found. After the conclusions presented by the Mexican government, in which it states that there are no elements in the labor complaint to say that the workers’ dismissal was motivated by their union activities.

Nota publicada el 27 de agosto de 2024 en eleconomista.com.mx sección Empresas, por María del Pilar Martínez.

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After the conclusions presented by the Mexican government, in which it states that there are no elements in the labor complaint to say that the workers’ dismissal was motivated by their union activities, Óscar de la Vega, the legal representative of the Volkswagen company, said that the clear abuse by the United States government of the Rapid Response Labor Mechanism (USMCA) is evident, in their inclusion of topics that have nothing to do with union freedom and collective bargaining.

This is the case of the Volkswagen complaint, in which the unjustified dismissals are matters pertaining to the Mexican jurisdiction and Mexican judges. And that is where the American government applies pressure”, De la Vega stated.

Likewise, he pointed out that a regulation is required for the Rapid Response Labor Mechanisms, “you do not know who is accusing you, because it is confidential. You do not know why he is accusing you, you do not know what the complaint is, you learn about it from the press. You have no knowledge of the evidence that is offered to accuse you. You do not have the opportunity of questioning the witnesses”, he stated.

Additionally, he said, they issue the resolution, and they notify you via Twitter (X). “When companies should be notified in person. Therefore, there is a black hole, and I believe that in the renegotiation of the USMCA in 2026 due process for the companies that have been the object of those Rapid Response Labor Mechanisms must be guaranteed”, he emphasized

In a joint communication, the Department of Economy and the Department of Labor reported that this labor complaint was closed by agreement of both governments, as six dialog and negotiation round tables were conducted, which permitted reaching agreements, among them, the reinstatement of eight workers in the company.

Likewise, the agencies stated that during the investigation “there are not sufficient elements to confirm that the termination of the labor relationship with the members of the union representation that is the subject of the complaint in the RRLMs, was motivated by their capacity and/or status of union representatives, their union responsibilities or their participation in union activities.”

Meanwhile, for the reinstated workers, among whom Gustavo Ramírez is included, the statement made by the Mexican government “seeks to cover for the company” saying that there is no violation of union freedom, when there was.

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