Labor Dispute Resolution and Strike Procedures in Mexico
In Labor Resolutions
Agreements
Resolutions of industrial tribunals are Acuerdos: whether they refer to simple procedural determinations, incidental or interlocutory decisions resolved within or out of court.
Awards
Laudos: when deciding on the merits of conflict. The Board shall render its decisions within 48 hours. The resolutions of the Boards shall be signed by the members and the Secretary, including the place, date, Board to pronounce it, names and addresses of the parties and their representatives, an extract of the application and answer, enumeration, assessment, testing, and making of the allegations. Extract legal reasons or in equity, the jurisprudence and doctrine that might support them, and the points of resolutions. The decisions should be clear, precise, and consistent with the claim or defense. Only for exception will the event of liquidation open if a representative refuses to vote in the case of agreements made by the president or assistant and representatives of the vote. In case of a tie vote, an auxiliary president will be added. In the case of an award: a) If after the injunction, they insist on their refusal, they will be excluded and substitutes called. b) If alternates are not presented to the Board within a term that may not be longer than three days, or refuse to vote for the award, the Chairman of the Board or the Special Board shall report to the Secretary of Labor and Social Welfare or the Governor of the State to nominate substitute persons. Once notified of the award, either party, within a period of three days, may request clarification of the resolution from the Board, which will be resolved within the same period.
Review of Enforcement Actions
The review comes from the review of enforcement actions against acts of presidents, clerks, or officers authorized by law, in enforcement of awards. After reviewing, the Conciliation Board or Special Board of Conciliation and Arbitration will handle the case of acts of the Presidents. The President of the Board or the Special Board will handle the case of acts of legally qualified clerks or officials, and the Plenum of the Board of Conciliation and Arbitration will handle the case of acts of its President or when conflict involves two or more branches of industry. The review will be presented within 3 days of processing rules. In the review, by promoting the revision, the letter of proof on review will be offered to the other parties for three days to manifest what serves their interests. A hearing of evidence and arguments will be scheduled within ten days following the presentation of the review standards in the processing of the claim. The claim clash within three days after it is aware of the extent, promote the claim in writing, providing evidence. If the claim is accepted, ask the official who issued the contested measure to submit their written report motivated based on the act being challenged. The Board will schedule a hearing to be held during the ten days following the date on which the claim is admitted, receive and accept evidence, and issue a resolution. It is out of order when, in the opinion of its President, the case appears to be promoted to delay or obstruct the administration of justice.
Precautionary Measures
Arraigo
Precautionary measures when there is fear that the person against whom a lawsuit is filed is absent or hiding, and Secuestro provisional, as necessary to ensure the assets of a person, company, or establishment. The rooting effect will be to prevent the defendant from being absent from their place of residence, while a legitimate representative, sufficiently instructed and at their expense, is present. Provisional sequestration rules: The applicant determines the amount of the defendant and renders the evidence it deems appropriate for the Chairman of the Board. Considering the circumstances and the evidence submitted, within 24 hours after the abduction, a provisional decree will be issued. If the ruling is necessary to order the sequestration, the order will determine the amount for which it must be carried out, and the Chairman of the Board shall adopt the measures to be subjected to kidnapping.
Proceedings Before the Conciliation Boards
Following the procedure of conciliation, the parties must indicate an address to receive notifications in the place of residence of the Board to which to refer the dossier. If they do not make the remark, notifications, even personal, will be made in the newsletter or stages of the Board. If there is no permanent conciliation board, they may appear before the Secretary of Labor and Social Welfare or the municipal authority. Standards in the integration of the Conciliation Accidental: Joint authorities appropriate to prevent workers and employers, within a period of 24 hours, nominate their representatives. They will announce the name of the Government representative to chair the Board, and the cited authorities will make nominations of workers’ and employers’ representatives when they have not made the appointments.
Standard Procedure Before the Board of Conciliation and Arbitration
The procedure usually starts with the submission of the application to the Administrative Office of the Party or the Receiving Unit of the Board authority, which will turn it over to the House Special Board or appropriate, the same day before the conclusion of the proceedings of the Board. The demand shall be made in writing, with as many copies as defendants. The House or the Special Board, within 24 hours, will produce an agreement, in which the date and time for the celebration of the settlement hearing will be made within 15 days following that on which it received the original application. The order is served personally on the parties 10 days prior to the hearing at least. Point out the defects or omissions incurred to remedy them within a period of 3 days.
Stages of the Settlement Hearing
, D and demand and exceptions, of offering and admission of evidence development stage as parties conciliatory L appear in person to the Board, without lawyers or Board apoderadnos intervene in the reconciliation between the parties and to endeavor to reach a settlement if l as parties reach an agreement, will terminate the conflict The s parties may agree to request the suspension of the hearing in order to reconcile , and the Board, suspended only once and shall recommence within the next eight days, if the parties fail to reach an agreement, pass to the stage of demand and exceptions, and D and not having attended the parties to conciliation , they shall be dissatisfied with any settlement, and must appear in person at the stage of demand and exceptions. The stage of demand and exceptions, and develop s President of the Board will make an appeal to the parties and give the floor to the actor for exposure of their demand actor will present its demand, approved or changed, stating the petitioner’s arguments. Exp et up the demand by the plaintiff, the defendant shall where appropriate, to give answer to the complaint orally or in writing. I n his reply oppose the defendant exceptions and defenses, and must refer to each and every one of the facts alleged in the application, affirming or denying them, and expressing those who ignore that they are not themselves, being able to add the explanations it deems appropriateThe plea does not relieve the defendant answer the complaint at the hearing and if not done and the Board has jurisdiction, it shall be confessed to claim the s party may only once, replicate and to replicate briefly If rebukes defendant to the plaintiff, it shall immediately answer, A l end of the period of demand and exceptions, shall immediately proceed to the offer and admission of evidence. If the parties agree on the facts and the controversy is reduced to a point of law, declared the statement. The hearing will take place, even if the parties do not attend. If the defendant is absent, the demand will and answered in the affirmative, – the stage of offer and acceptance testing will take place The actor will offer its evidence in relation to the disputed facts. Immediately after the defendant offered his evidence The s parties may submit new evidence, provided that relate to those offered by the other party and has not closed the presentation of evidence stage. Co nclude the offer, the Board shall immediately terminate on the evidence that supports and which discarded. After the stage of offering and admission of evidence, be accepted relating to subsequent events or studded presentation of evidence, which must occur within ten working days, and if the Board considers that it is not possible to relieve in a single hearing in the same arrangement indicate the days and hours in which to vent, this period shall not exceed thirty days The hearing evidence presentation will take place I. Ab ertainly the hearing shall to vent all the tests are properly prepared, first the actor after the defendant’s vent should it fail by any evidence, if not properly prepared, suspended the hearing to continue it within ten days if l as evidence vent remaining to be copies or documents they have requested the parties shall not suspend the hearing, the Board shall require the authority which will forward the documents if the authority did not comply with this obligation, the Board will notify the supervisor for appropriate sanctions;De sahogadas evidence, the parties, at the same hearing, may make their allegations. The award, which shall contain a statement of claim and response, reply and rejoinder, and the counterclaim and answer it; The of the facts pointing to a statement of evidence admitted and relief, the considerations s deriving informed and motivated, and, as alleged and proven, I s paragraphs. Within five working days for the proceedings are carried which have not been carried out within a period of eight days, the outlet for the discussion and vote, which must occur within ten days after they have completed the term of relief discussion and vote on the draft award It will read the draft resolution to the allegations and comments made by the parties The President shall present a business discussion with the outcome of the action taken, and I rmin the discussion, a vote and the President shall declare the result.
Special procedures (when a worker FALLESEN) The special procedure starts with the submission of application, where the actor may offer its evidence to the competent board, and ten days in advance, schedule a conciliation hearing, demand and exceptions, testing and resolution, which must be made within fifteen days after the date of the claim filed, a hearing will be held reconciliation, demand and exceptions, testing r esolution The Board shall endeavor to reconcile the parties is not possible the foregoing, each party will present what it deems appropriate, make your requests and offer and surrender the evidence admitted if offered the count of workersCo nclude the reception of evidence, the Board will hear arguments and issue resolution. Controverts If the right of the intended beneficiaries will be suspended and resumed the hearing within 15 days to provide evidence
Procedure to strike The strike procedure starts by presenting the list of demands, requirements, S and write to the employer and he formulated the requests, announced the intention to go on strike and the object of the same and indicate the day and time that the work be suspended, or the term of pre strike S and submitted in duplicate to the Board of Conciliation and Arbitration. The authority making the placement shall file within 24 h pray after the board of conciliation and arbitration The notice for suspension of work shall be, at least six days before the date fixed for stop work and ten days in advance when dealing with public services, the board will send the employer within 48 hours following the pattern within 48 h pray to the notification, shall file its written response the communications utility and transport, light and electricity, those clean, the utilization and distribution of water for the service of people, those of gas, medical, hospitals, cemeteries and those of power, the hearing reconciliation will follow the following rules: If the employer opposed the plea of lack of personality to answer the petitions, the Board previously resolved this situation and if it is declared unfounded, will continue the hearing to be observed standards set by the conciliation proceedings before the Conciliation and Arbitration Board as appropriate; If workers do not attend the conciliation hearing, will not run the term for suspension of work; The Chairman of the Board may use the means of urgency to force the employer to attend the conciliation hearing, the hearing shall not be suspended if the pattern of settlement is not filed personally intervene PresidentFor the operation of the plenary and the high F Special Meetings of personality. S The Competition In cases of articles 469, 923 and 935. The statement of absence or otherwise of a strike. All the days and hours will be working. Lack of personality, that may be made by the employer, in the defense area, and workers within 48 hours after the flush they are made aware of the first graduating class. The Board, within 24 h significant issue resolution Workers must be provided 24 hours for the Board to consider appointing authority, so that the file referred to it. The term for suspension of work shall commence on the date the Board notifies the employer designated competent workers and employers concerned, may request the Board of Conciliation and Arbitration within 72 h pray after the suspension of work, declare the absence of the strike’s request to declare the absence of the strike, shall be in writing, accompanied by a copy for each of the employers and trade unions or workers emplazantes. The request shall state the reasons and legal basis for it. The Board will notify the application and hear the parties at a hearing, which will also be offering and receiving of evidence, to be held within a period not exceeding five days; The evidence must relate to the causes of absence and when the request has been submitted by third parties, which also tend to check their interest. The evidence will be submitted at the hearing, except as provided in the following article. Only in exceptional cases the Board may defer the receipt of which by their nature can not be let off steam in the audience with cluding receipt of the evidence, the Board, within 24 hours, decide on the existence or nonexistence of legal status strike; For the resolution of absence, they summon the representatives of workers and employers to serve on the Board.Board declares state legal no strike Fi Jara workers a twenty-four hours to return to work above D eber notify through union representation, warning workers that the mere failure to comply resolution, shall terminate the employment relationships, except for just cause; D TATEMENTS the employer has incurred no liability and that no workers come to work within the period specified, will be free to recruit others, and in December tare measures it deems appropriate so that you can resume work. If the strike is aimed at the conclusion or revision of contract law, the written notice of a strike will be presented by unions allied with a copy to each of the patterns located, in the letter of formal notice shall specify the date and time it was suspended the proceedings, which shall be thirty or more days after the date of its submission to the Board of Conciliation and Arbitration If the notice is filed with the Board of Conciliation and Arbitration , President, employers will get a copy of the letter of formal notice directly within 24 hours of its receipt, or rotate within the same period the Warrants necessary, which must vent exhorted by the authority, under its most strict liability, within 24 hours of receipt. Upon conclusion of the Warrants, it must be returned within twenty-four hours and l If writing is filed with these other authorities, under its strict liability, shall be sent directly to employers a copy of the letter of formal notice within 24 hours subsequent to the receipt. Once the location, send the file to the Board of Conciliation and Arbitration within the same within 24 hours.