reforma laboral2

By: Elías Flores Gallegos, Attorney

Recently, the President of Mexico sent to Congress a series of reforms in legal matters, among which is an initiative to reform the labor justice system that would include modernization and disappearance of the Boards of Conciliation and Arbitration, and transfer these functions to true Federal courts.

For years the Mexican labor justice system, has discouraged and scared away domestic and foreign investment, in many cases labor justice and unions have completely exterminated companies. The current labor justice system has been abused and exceeded by current daily needs, that’s why a real change is necessary.

In order for Mexico to be at an equal footing to compete with the international community, it is necessary to carry out this reform in labor justice. Of course, without affecting the interests of workers, as these will not be affected in their labor rights. We currently have a backlog of labor justice for more than 30 years.

Labor authorities administer justice and dictate sentences, called ‘ruling’, currently under administrative authorities. By simple logic Labor Justice Structure must belong to the judiciary system, not the executive branch as it happens today. That is, the Labor Justice must be ruled by Federal Courts which are real Justice Courts.

The reform provides that the Labor Justice, as Justice Daily, is in charge of District Courts and Unitarian Courts.

Now, we all wonder. What is the benefit of this reform? Very simple, while Labor Justice is ruled by real courts, the deal for both parties is, from the beginning, more “fair and equitable”, facilitating social peace and harmonious lives, guaranteeing everyone the access to prompt and equitable justice, and certainly avoiding all kinds of abuse committed today by lawyers without professional ethics and corrupt officials. Both parties will initiate proceedings on an equal footing, there will be more technical judgments. It will be a fair and equal system for both parties.

Elias Flores Gallegos, Attorney at Law, current President at FLORES GALLEGOS ABOGADOS Law Firm, S.C., in Mexicali, graduate of the Autonomous University of Baja California, with an L.L.M. in International Corporate Law from the University of Guadalajara, currently litigator specializing in the areas of civil, commercial, corporate, criminal, agricultural, family, administrative law, among other areas, with over 25 years of experience. He has contributed academically as a law professor at UABC and Cetys University, he was awarded Attorney of the Year in 2009 by the INC in Mexico.

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