Abstract

BUEN, Néstor de. Trade union autonomy, trade union registration in Mexico and other original traps. Rev. latinoam. derecho soc [online]. 2011, n.13, pp.39-55. ISSN 2448-7899.

Within Mexican Labor Law, which began with the best social intentions, it is generating a conservative evolution, often based on greedy interpretations of the provisions and in other cases on the following of foreign model. The lack of respect for Trade Union Freedom and Autonomy is a main topic. The fact that at Federal Level, the Ministry of Labor and Social Security is the one in charge of trade unions registration, determines that all excuses in the world are used in order to refuse the registration if the union concerned is not part of the group allowed by the government. This, of course, violates the Convention 87 of ILO on freedom of association that Mexico signed. And that administrative action is reflected in the conduct of the Federal Conciliation and Arbitration Board, clearly a branch of the Ministry which reserves the right to recognize the union leaders who do not have registration. Registrations should be removed and be replaced to mere documentation deposits, properly publicized so that if someone is entitled to do so, might be able to challenge them by the courts.

Keywords : trade unions; trade union autonomy; union registration; outsourcing; Labor reform-Mexico.

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