In 2016, the legal foundations for Mexican companies regarding freedom of association were established, which were implemented by the Labor Reform on May 1, 2016. They are briefly detailed below, since they are mandatory:

• Adopt a policy in accordance with the new labor model, which reflects at all times that the company has a commitment and respect for the rights of all employees, including freedom of association and collective bargaining, communicating this effectively.

• Freedom of association for employees. The Federal Labor Law states that employees can form trade union organizations without prior authorization, or join those that are already constituted respecting their statutes.

• Refrain from entering into protection agreement or collective agreements with status that favors the interests of the employer, without giving notice to the employees.

• Ensure that employees, including newcomers, receive a copy of their collective agreement, in the work centers where said agreement exists.

• Eliminate the exclusion clause. The employer shall ensure that, if there is an exclusion clause in the collective agreement, it is eliminated as soon as possible.

• Non-discrimination, not firing, blacklisting or penalizing employees in any way, in their hiring, demotion, promotion or transfer, for their present or past union activities, or for resigning the union to which they belonged, as well such as trying to form or belong to another union organization.

• Remain neutral, in work centers where there is more than one union in formation. The employer must remain neutral and refrain from doing anything that could give one organization an advantage or disadvantage over the other, including counts between unions for ownership of collective agreements.

• Ensure that all mixed commissions (employee-employer) are properly constituted and function effectively.

It is important to take into account and apply the previous points day by day, since at the time they will be more widely disseminated, employees can manifest them before the labor authority, even going over the union and the employer.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. Please do not hesitate to contact us, we will be glad to provide the personalized legal advice that you require, including the development and implementation of action and follow-up plans, to ensure due compliance with Employer’s guide to apply the new labor model.