The second stage of the labor reform which will conclude in the coming days with the operation of the new justice authorities in 13 more entities throughout the country has involved administrative changes within the Ministry of Labor and Social Welfare (STPS), such as the end of its registration powers union and the implementation of mediation services in the Federal Attorney for the Defense of Labor (Profedet).
As of November 3, the Federal Center for Labor Conciliation and Registration (CFCRL) will assume its registry functions throughout the country, that is, it will be the authority responsible for union registrations and collective agreements.
In line with these changes, the Ministry of Labor declared the end of its functions in matters of union registration to leave this process in the hands of the CFCRL that will operate the National Public Registry of Trade Unions, a platform where the registration, statutes and collective agreements of the union organizations of the country.
This week, through a decree published in the Official Gazette of the Federation (DOF), the Ministry of Labor declared the end of the registry functions of its General Directorate of Registration of Associations on November 3. As of that date, the STPS “will cease processing any matter regarding the registration of trade union organizations,” the agency said.
But these are not the only adjustments at the administrative level that the agency will make to align itself with the new labor model that changed the rules of union democracy, collective bargaining and the solution of worker-employer conflicts. The regulations of Profedet will be modified to transform its conciliation services, a task now in charge of the CFCRL, for mediation services and incorporate the figure of legal assistance and representation to regulate the assistance it will provide to workers in pre-trial conciliation and labor lawsuits.
“At Profedet we talk about mediations because with the reform to the Federal Labor Law of 2019 there are conciliating officials who are the ones who must carry out the conciliation. So, at Profedet we call you mediationIt is a theoretical question with some distinctions, ”explained Carolina Ortiz Porras, federal attorney for Labor Defense, in an interview.
The voluntary mediation that this authority will carry out is a process by which workers and employers, through settlement boards, try to resolve the conflict. The agreements reached will be established in writing in a certified document.
Among the new faculties that Profedet will assume, the support to the Labor Conciliation Centers to grant information and guidance to the workers who come to these, in accordance with the regulation under review in the National Commission for Regulatory Improvement (Conamer).
“In the new model of justice, Profedet only accompany the workers, its beneficiaries or unions. But it no longer has agreements, the agreements are processed before the Federal Center for Conciliation and Labor Registry, ”Ortiz Porras pointed out.
In this sense, the Federal Attorney for the Defense of Labor will have a new service of attendance and legal representation. The first consists of assisting and accompanying workers and unions in compulsory pre-trial conciliation hearings, when they so request or at the request of the labor authority. The second involves the legal actions that Profedet will exercise in favor of the workers, their beneficiaries or a union.
The Federal Attorney for Labor Defense is an authority with participation in the new model of labor justice, with a change in some roles so as not to duplicate functions with the new authorities, but providing support to the labor force that needs it.
Collaboration with the IFDP
Although the legal representation of workers in a labor lawsuit is a competence that also has the Federal Institute of Public Defender (IFDP), both institutions maintain a close collaboration to determine the federal issues in which each instance can provide a better service, and based on this channel the person.
For example, Carolina Ortiz explained, it is more feasible for the IFDP to legally represent working people in matters related to violation of labor rights as discrimination or profit sharing. “The institute has many lawyers on these new human rights issues that have not been generally addressed by Profedet, but we consider that they can be better represented by the institute.”
On the other hand, conflicts related to social security, designation of beneficiaries, disabilities, work risks, pensions for widows, return of contributions to the Afores, it is preferable that legal representation has the Attorney General’s Office.
“These talks have been held with the Federal Institute of Public Defense to give a better service to citizens,” said Carolina Ortiz Porras.