Expert, the Rapid Response Labor Mechanism process requires Mexico to review the legal gaps that remain and that have led to an unusual use of labor complaints.
The Rapid Response Labor Mechanism (MLRR) is not regulated in Mexico and is only found at the trade treaty level (T-MEC), which shows the need for legal certainty in our country, even to know if the employer can or not finding out about the complaint beforehand, what evidence was presented and everything is to know if due process has been followed.
The above, given that union organizations have used the mechanism to report facts that are not part of freedom of association or collective bargaining, stated Óscar de la Vega, partner of the firm with the same name and who has had to face several of the complaints that have reached Mexico.
“This Rapid Response Mechanism, in the way in which we have been operating today, is really equated to a trial of the Holy Inquisition, where you do not know who accuses you, you do not know why they accuse you, you do not know what evidence is offered, you have no opportunity to object to the evidence. So, in all this there is a black hole,” explained the labor lawyer.
De la Vega pointed out that the “American government has no limits, they decide what they investigate and what they do not investigate. What is happening now is that certain groups of organizations, mainly NGOs, see this as an alternative, or independent unions, to solve any labor problem. But that is not the purpose of this issue, because we have judges and mechanisms in our Federal Labor Law, and there is the way in which any union dispute should be resolved.”
THE CASE OF PIRELLI
The specialist said that the American government is currently reviewing whether or not to admit a complaint filed by workers from the Pirelli company; arguing that the Rubber Industry Law Contract should be applied, and not the collective contract that is currently in force and was legitimized before the labor authority.
"In the matter of Pirelli, the non-application of the Rubber Industry Law Contract is being questioned, which has not been reviewed since 2017, and in accordance with the legislation in force in 2017, that collective contract, for not having reviewed and convened the Trade Union Convention to request the review of the document, it has expired, it no longer exists.”
He highlighted that the American government intends to apply the Contract Law but, “they have no jurisdiction over this, since it is up to a Federal Judge in a Labor Court to resolve it.”
He emphasized that the Rapid Response Labor Mechanism process requires that Mexico review the legal gaps that remain and that have led to an unusual use of labor complaints.
It should be noted that Pirelli has 19 Pirelli factories in the world, Silao is the second with the highest production with 26 thousand tires per day on average.
