Mexicans Labor Rights Closely Watched by the US

• Opinion by Saul Escobar Toledo (mexico metropolis)
• Wednesday, November 18, 2020
• Inter Press Service

For Mexico, the consequence may influence in several senses: the coverage in the direction of Latin America; pressures to cease undocumented migration; and the financial and business ties between each nations. There may be, nonetheless, a particular subject that deserves extra consideration as a result of it has been much less well-known: labor relations in Mexico.

To know the problem, it’s price remembering that to renegotiate NAFTA and the signature of the T-MEC or USMC (United States, Mexico, and Canada Settlement) anew labor chapter was launched. It’s Annex 23-A which is entitled “The illustration of staff in collective bargaining in Mexico”.

There isn’t a doubt that this annex was agreed to attempt to forestall in Mexico the existence of “contratos de protección patronal” or safety labor contracts which favor employers as they are signed with out the information and naturally the acceptance of the employees.

In brief, labor agreements are legally legitimate however fraudulent as a result of there was no bargaining in any respect between employers and staff. This sort of contracts have made simpler the everlasting fall of wages of Mexican staff. The aim for this has been to draw investments and firms from the US to Mexico.

Because of the labor chapter agreed in USMC, Mexico needed to reform its labor laws, which occurred in April 2019. The brand new administration headed by President Lopez Obrador was eager to those adjustments as he was satisfied that firms have abused Mexican staff an excessive amount of and too lengthy.

The constitutional and legislation amendments gave mild to a brand new labor mannequin. The one which was in pressure for greater than 100 years was based mostly on tripartite justice (authorities, employers, and staff); it’s now supported by judicial courts. The previous order gave the federal government the ability to acknowledge and management the unions; the brand new is predicated on a broad freedom of affiliation. For the primary time in a few years, Mexican staff may have an actual likelihood to decide on by secret, private and direct vote their leaders and representatives; and be a part of the group of their alternative.

Regardless of these reforms, the vote of the (new) Settlement within the Congress of america was an advanced matter. It was lastly resolved when the invoice HR- 5430 was adopted on January three, 2020 by US lawmakers. In Title VII there’s a “labor monitoring and enforcement “chapter. It consists of an Interagency Labor Committee designed to observe the implementation and upkeep of Mexico’s labor reform. The Committee can even have the duty of building a web-based hotline, monitored by the Division of Labor, to obtain confidential info relating to labor points immediately from Mexican staff.

The invoice authorizes hiring of as much as 5 further full-time officers of the Division of Labor and assign them to america Embassy in Mexico. Their obligation is: “Submitting to the Interagency Labor Committee on a quarterly foundation, stories on the efforts undertaken by Mexicoto adjust to its labor obligations”. The invoice additionally established an ‘‘Unbiased Mexico Labor Professional Board’’, to be answerable for monitoring and evaluating the implementation of Mexico’s labor reform and compliance with its labor obligations. The Board might be composed of 12 members appointed by the federal government and each events represented in Congress (Democrats and Republicans).

In abstract, the Treaty contemplates a heavy bureaucratic equipment that can monitor the circumstances of Mexican staff , particularly in industries corresponding to: car meeting; auto half; aerospace; electronics; name facilities ; mining and metal and aluminum. In case of discovering violations and if they don’t seem to be corrected, the products produced in these firms can be detained on the border unable to enter the US and Canada, or fairly obtain a particular tariff. This authorized and institutional equipment goes to stay regardless of the political adjustments that happen in Washington as a result of November three elections.

In the meantime, in Mexico, issues modified in additional methods than one: the consequences of the pandemic and the financial slowdown had a response from the federal government that consisted of sustaining its unique program , deliberate since final yr and, as well as , finishing up an adjustment to public spending . This austerity coverage was confirmed within the draft finances despatched to Congress for 2021.

Thus, the collapse of the employment, formal and casual, and the revenue of households have had no compensation, inflicting an enormous social debt that’s mirrored in a rise of poverty and excessive poverty. It is usually anticipated that the financial restoration might be a lot slower for the remainder of the yr and 2021. All this may undoubtedly make tougher collective bargaining as firms will search to chop workers, present fewer advantages or freeze wages. As well as, whereas the well being drawback is resolved, the resumption of financial actions might trigger extra infections and deaths amongst industrial staff, as appears to be taking place within the maquiladora business alongside the northern border of the nation.

Beneath these circumstances, the implementation of the labor reform, with surveillance and in some instances direct inspection of US personnel might be the reason for disputes and controversies. Biden´s victory will in all probability put extra strain on Mexico. Labor unions within the US and Canada will help the “monitoring” is carried out successfully and on time.

The president and the Congress of Mexico can’t be detached and wait to see what occurs. A decisive set of actions to curb poverty and unemployment, shield staff and revive the economic system with decrease dangers is important and pressing. Solely on this manner can staff’ bargaining capability be strengthened.

The way forward for the labor reform can not depend upon US strain on Mexico. Even when we admit that the intentions are laudable,Mexican staff can not turn into items of a mechanism on the service of a international nation: nothing extra and nothing lower than essentially the most highly effective nation on the earth.

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© Inter Press Service (2020) — All Rights ReservedOriginal source: Inter Press Service