Labor courts will have to deal with all claims, new and old

If your entity has already entered into force the new system of labor justiceIt does not matter that your case occurred when the labor courts did not exist, these are now in charge of monitoring it. In short, that was the ruling of a federal court with which he brought a lawsuit out of limbo. The criterion may be used for other files in the same situation.

In Hidalgo, a person who was widowed claimed to be the beneficiary of the pension left by his partner, a worker who was contributing to the Mexican Institute of Social Security (IMSS). “The lawsuit was presented before a district judge specialized in labor matters,” is detailed in the judicial thesis published this Friday.

However, the judge said that he had no competence to analyze the case, because when the worker died, the instance that he heads still did not enter functions. So, he sent the person to the Federal Board of Conciliation and Arbitration. That other body did not want to take the file either, because by that time it had already stopped “hearing about labor disputes.”

La rlabor form changed the centennial regime of labor justice in the country. The Conciliation and Arbitration boards, which belong to the Executive Power, administered everything. Through deficient, and sometimes corrupt, mediation, according to what legislators and labor activists have pointed out, they tried to put an end to the conflict.

After the amendments to the Constitution in 2017 and the Federal Labor Law (LFT) in 2019, these boards have begun to disappear. Their place will be taken by the new conciliation centers, dependent on the Executive. And if the matter is not resolved there, it will go to the newly created labor courts, attached to the Judiciary.

But the change is so broad that the implementation was organized in three stages between 2020 and 2022. The first came into force in November last year in eight states: Durango, Zacatecas, San Luis Potosí, Hidalgo, State of Mexico, Campeche, Tabasco and Chiapas.

“The national impact of this transformation cannot be determined or centralized in what happens in those states. But it was anticipated that these contradictions were going to present themselves, ”Magistrate Héctor Arturo Mercado López, head of the Sixteenth Collegiate Labor Court of the First Circuit, in Mexico City, points out in an interview.

It is in the transitory articles

This Friday, in the Judicial Weekly of the Federation An isolated thesis of the Third Collegiate Court of the Twenty-Ninth Circuit was published on the jurisdiction of matters in the transition of the labor reform. “Once the labor courtsThey must be aware of the lawsuits that are brought before them, regardless of the date on which the events that originate them occurred, ”concluded Judge Aureliano Varona Aguirre.

It determined it based on the eighth and tenth transitory articles of the labour reform. The first of these ordinances indicates that the federal and local Conciliation and Arbitration boards will continue to handle the claims until the federal and local courts and the conciliation centers come into operation.

The tenth transitory article ratifies it: “Once the Conciliation Centers and Courts, the proceedings and the trials will be aired before them ”.

The second phase of implementation of the reform will be launched in the first days of November. Baja California, Baja California Sur, Aguascalientes, Guanajuato, Querétaro, Colima, Veracruz, Puebla, Tlaxcala, Morelos, Guerrero, Oaxaca and Quintana Roo are the states that will open the doors of the new model of labor justice.

Mexico City is planned for the last stage. “There is still no such experience, but the information from colleagues in the entities where the conciliation centers and the courts already operate is that matters are beginning to flow,” says Héctor Arturo Mercado. “You have to give the reform time to walk.”

The three defenders of labor rights

The transformation of the system labor justice requires “full support. Over time we will see if there are bottlenecks in some procedures, that the laws or the necessary institutions are changed so that the operation is optimal ”. But first you have to start it up and do everything possible to make it walk well, the magistrate points out.

And in that transition, institutional and political support for conciliation centers it will be decisive, he warns. These organizations “have a great challenge and are solving it, the success of the conciliation center will depend on the courts so that they are not saturated.”

When the new system for the resolution of labor disputes has already come into operation in an entity, workers must first go to the conciliation center to solve your demand. If it is not settled there, then they will be able to present their case in court, in accordance with article 684 B of the LFT.

“The commitment to judicial reform has as its backbone The conciliationThat is why they must work with high efficiency ”, says Magistrate Mercado. So far, the training and selection of personnel for these centers “has been very rigorous,” he says.

These will transform the world of work, he says, the idea is that justice is guaranteed. But the labor rights they have “three great defenders”: the unions, the inspection – “which will never be sufficient for all workplaces” – and the courts when there are no longer agreements between the parties.

In all this, the role of male and female workers is crucial, he points out. Their matters must come to trial “and oblige the courts and the Supreme Court of Justice of the Nation to rule,” because even before the reform of human rights of 2011, labor rights were not conceived in Mexico as fundamental.

“They are processes and we must make society mobilize to prosecute acts of discrimination. But unionization is key, because it is these organizations that can be in the workplace on a daily basis ”. The next step, after the reform, is that unions be “autonomous, independent, free” and for this people must act. Feminist movements could drive these struggles, she says.

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