By Jorge Gutierrez, LL.B., F.L.C.
Rapid Response Labour Mechanism (MLRR) Annex 31-A and 31-B of USMC Chapter 31
In the framework of the entry into force of the USMCA on July 1, 2020, it is necessary for companies to take into account that within its contents, new supervisory mechanisms regarding compliance with the labour obligations acquired by the Mexican Government are proposed, this government also has the responsibility to ensure its strict compliance.
These supervision and sanction mechanisms apply, respectively, in regards to labour matters in accordance with its chapter 23 (labour) to the Federal Government and, specifically for companies, through specific complaints that are processed under the rapid response labour mechanism established in its chapter 31 (solution of controversies).
It is essential that each company act on revising the status of these labour obligations, both under their responsibility and related to labour environment and be able to obtain “a first diagnosis” through self-evaluation, it is for this reason that the Business Coordinating Council (and the organizations that comprise it) set to the task of preparing a self-diagnosis form. Symbiosis is making this diagnostic accessible to all its Canadian clients with enterprises and industrial operations in Mexico.
This document contains a survey that companies can use as a guide a to self-evaluate and check if in its operation is respecting the rights of workers in matters of Collective Contract and Freedom of Association and as a result, avoid the possibility of being sued in the Rapid Response Labour Mechanism (MLRR), according to what the Annexes 31-A and 31-B of the USMCA Chapter 31 establishes.
Please note that this form refers exclusively to obligations related to freedom of association and collective contracts which are the ones that in the most general aspects can give rise to a complaint and thereby generate direct consequences for companies either as an exporter or as part of the supply chain of an exporting company, under the aforementioned Rapid Response Labour Mechanism (MLRR).
Download here our AUTODIAGNOSTIC FOR USMCA LABOUR CRITERIA form, complete it to the best of your knowledge and return it to us for a complimentary validation.
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