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Mexico |
Summary/citation: Workers and employers, without distinction of any kind and without prior authorization, have the right to establish and join organizations of their own choosing, subject only to compliance with their statutes. According to Art. 357 LFT, both workers' and employers' organizations shall enjoy adequate protection against any act of interference by one with respect to the other, whether carried out directly or through their representatives in their constitution, operation or administration.
Actions or measures intended to promote the constitution of workers' organizations dominated by an employer or an employers' organization, or to support in any way workers' organizations in order to place them under their control, are considered acts of interference. The benefits agreed in the collective contract will not be considered as acts of interference.
Any undue interference will be punished under the terms of the law.
Art. 133 (V) LFT prohibits the employer to intervene in any way in the union's internal regime, prevent its formation or the development of union activity, through implicit or explicit retaliation against workers. The employer is also forbidden to carry out any act tending to exercise control over the union to which its workers belong (Art. 133 (XVII) LFT).
In addition, Art. 897-G LFT states: “In the case of conflicts between unions referred to in articles 389 and 418 (both articles related to cases in which more unions exist within one company) of this Law, if in the development of the procedure the interference of the employer in favor of any of the contending unions or the commission of acts of violence is warned by some of the parties, the Judge will take the necessary measures so that the exercise of the workers' vote is carried out with full freedom and security, regardless of the fact that in view of the facts, the corresponding criminal and administrative authorities are punished.” • Federal Labor Law, (LFT) of 1 April 1970 as amended to July 2019 - Ley Federal del Trabajo (Art. 133 (V); 357; 897-G) |
