Understanding Labor Unions: Formation, Rights, and Regulations

Posted on Dec 14, 2024 in Law & Jurisprudence

Unions, Federations, and Confederations

Article 356.- A union is an association of workers or employers constituted to study, improve, and defend their interests.

Article 357.- Workers and employers have the right to form unions without prior authorization.

Article 358.- No one can be forced to join a union or to refrain from joining it.

Any stipulation to establish a conventional fine in case of separation from the union, or that somehow invalidates the provision in the preceding paragraph, will not be enforced.

Article 359.- Unions have the right to draw up their constitutions and rules, to freely elect their representatives, organize their administration and activities, and formulate their programs.

Types of Labor Unions

Article 360.- Labor unions include:

Trade Unions: Formed by workers of the same profession, trade, or specialty.
Company Unions: Consisting of workers who provide their services in one company.
Industrial Unions: Formed by workers providing services in two or more enterprises in the same industry.
National Industry Unions: Consisting of workers who provide their services in one or more companies in the same industry, in two or more states.
Various Occupations Unions: Formed by workers of various professions. These unions may be formed only when, in the municipality concerned, the number of workers in the same occupation is less than twenty.

Types of Employer Unions

Article 361.- Employer unions include:

Unions formed by employers of one or more branches of activity.
National unions formed by employers of one or more branches of activity in different states.

Article 362.- Workers over fourteen years of age may join trade unions.

Article 363.- Workers in positions of trust cannot join trade unions of other workers. The union bylaws may determine the status and rights of its members who are promoted to a position of trust.

Union Formation Requirements

Article 364.- Unions should be formed with twenty employees in active service or three employers, at least. To determine the minimum number of workers, those whose employment had been terminated within thirty days preceding the date of filing the application to register the union will be taken into consideration.

Union Registration Process

Article 365.- Unions must register with the Ministry of Labor and Social Welfare in federal cases and the Conciliation and Arbitration Board in local cases, for which they must submit in duplicate:

An official copy of the minutes of the constituent assembly.
A list of the number, names, and addresses of its members and the names and addresses of the employers, companies, or establishments where services are delivered.
An official copy of the statutes.
An official copy of the minutes of the meeting at which the directors were elected.

The documents referred to in the previous sections are authorized by the Secretary General, Organization of Records and, except as provided in the statute.

Reasons for Refusal of Registration

Article 366.- Registration may be refused only:

If the union does not intend to comply with the order under Article 356.
If it is not formed with the membership set out in Article 364.
If the documents referred to in the preceding article are not shown.

Once the requirements for registration of trade unions are satisfied, none of the relevant authorities may deny it.

If the authority to which the application for registration was lodged does not resolve within sixty days, applicants may call upon it to render a decision. If this is not done within three days of filing, registration will be taken for granted for all legal purposes. The authority must, within three days, issue the respective certificate.

Article 367.- The Ministry of Labor and Social Security, once it has registered a union, will send a copy of the resolution to the Federal Board of Conciliation and Arbitration.

Article 368.- Registration of the union and its leadership, awarded by the Ministry of Labor and Social Welfare or Local Boards of Conciliation and Arbitration, has effects with all authorities.

Cancellation of Union Registration

Article 369.- Union registration may be canceled only:

In case of dissolution.
If it no longer meets legal requirements.

The Conciliation and Arbitration Board shall decide on the cancellation of its registration.

Article 370.- Unions are not subject to dissolution, suspension, or cancellation of registration through administrative channels.

Mandatory Content of Union Bylaws

Article 371.- The union bylaws must contain:

Name that distinguishes it from others.
Address.
Purpose.
Duration. Lacking this provision, the union shall be constituted indefinitely.
Conditions for admission of members.
Obligations and rights of partners.
Grounds and procedures for expulsion and disciplinary corrections. In cases of expulsion, the following rules apply:
- The workers’ assembly will meet for the sole purpose of addressing the expulsion.
- In the case of unions composed of sections, the removal procedure will take place before the assembly of the section, but the agreement of expulsion must be submitted to the decision of workers in each of the sections that integrate the union.
- The employee concerned shall be heard in their defense, in accordance with the provisions contained in the statutes.
- The Assembly shall hear the evidence on which to base the procedure and that offered by the affected party.
- Employees cannot be represented or vote by writing.
- Expulsion must be approved by a majority of two-thirds of all union members.
- Expulsion may be ordered only in the cases expressly provided in the bylaws, duly verified and precisely applicable to the case.
The way to call an assembly, the time of celebration of the ordinary meetings, and the required quorum for meetings. If the directive does not convene timely meetings under the statutes, workers representing thirty-three percent of the total union members or section, at least, may apply to the directive to convene the assembly. If this is not done within ten days, applicants may make the call, in which case, for the Assembly to meet and adopt resolutions, two-thirds of the total union members or section are required to attend. Resolutions must be adopted by fifty-one percent of union members or section, at least.
Procedure for the election of directors and its membership.
Duration of the board.
Standards for the administration, acquisition, and disposition of property owned by the union.
Payment and amount of union dues.
Age of presentation of accounts.
Rules for the settlement of trade union assets.
Other rules adopted by the assembly.

Eligibility for Union Leadership

Article 372.- The following may not form part of the leadership of trade unions:

Employees under sixteen years of age.
Foreigners.

Article 373.- The leadership of trade unions must submit to the assembly every six months, at least, a full and detailed account of the administration of trade union assets. This obligation is not dispensable.

Legal Capacity of Unions

Article 374.- Unions are entities legally constituted and capable of:

Acquiring movable property.
Acquiring property immediately and directly for the purpose of its institution.
Defending their rights and performing the required tasks with all authorities.

Article 375.- Unions represent their members in the defense of individual rights to which they are entitled, without prejudice to the right of workers to act or intervene directly, then stopping, at the request of the employee, the union involvement.

Article 376.- Representation of the union shall be exercised by its general secretary or the person designated by the directive, unless there is a special provision in the statutes.

Board members who are dismissed by the employer or resign for reasons attributable to it shall hold office except as provided in the bylaws.

Obligations of Unions

Article 377.- The obligations of the unions are:

Provide reports to the authorities requesting them, provided they relate exclusively to their role as trade unions.
Communicate to the authority before which they are registered, within ten days, changes in its leadership and changes in the statute, accompanying a duplicate copy authorized by the respective records.
Inform the same authority every three months, at least, of the additions and subtractions of their members.

Prohibitions for Unions

Article 378.- It is forbidden for trade unions:

To intervene in religious affairs.
To engage in commerce for profit.

Dissolution of Unions

Article 379.- A union shall be dissolved:

By a vote of two-thirds of the members that integrate it.
On expiry of the term established in the statutes.

Article 380.- In case of dissolution of the union, the asset will be implemented as set forth in their statutes. In the absence of an express provision, it will pass to the federation or confederation to which it belongs, and if none exists, to the Mexican Social Security Institute.