Talking about the issue of labor justice is talking about very positive aspects, but also many that should concern us and occupy the Federal Government.
First of all, it should be noted that when the reform that implied the disappearance of the conciliation and arbitration boards and the creation of the labor courts was conceived and designed, there was a lot of concern from labor organizations and unions in the sense that eliminating tripartism could imply a serious problem in the administration of justice.
However, in this first stage, in which we have already seen some labor courts operating, where, by the way, this year we should see the full consolidation of this change, it was shown that tripartism was not important and that this was not a essential element to deliver justice. So it shows that the right decision was made.
In addition, the most important advance was to divorce the conciliatory part from the contentious part, since by creating the labor conciliation centers, conciliation was privileged.
The first reports that we have of such progress is that 75% of the conflicts are being settled, on the way to conciliation.
However, there are worrying aspects, such as the fact that we are facing a process of creating courts with scarce resources. The statement made by the president of the Supreme Court of Justice of the Nation (SCJN), Arturo Zaldívar, is worrying, pointing out that the decrease in the budget that they were making, that is, 3 billion pesos, is bad data.
This will imply that the Federal Power of Justice of the Nation will suffer havoc in implementing labor justice, in terms of judges, infrastructure, training, and material and human elements, more than facing the lags that exist in the elimination of the Conciliation and Arbitration Boards.
We have an institution in the process of disappearing, whose backlog must come to an end before it disappears, and there is talk that there are thousands of backlogged files, with trials lasting four to five years, which will delay the process and will not give rise to new issues. as it should be.
This means that both the employer and the worker will suffer the conclusion of the agreements that are reached, in time, form and economically speaking.
The effort that is being made in the SCJN should be recognized, but the conciliation centers should be strengthening, supporting each other so that this privilege of conciliation can generate good results.
Today the process is implemented in 13 federal entities, and 11 entities remain to be implemented.
The budgetary pressure is very important, but the fact that the processes in the Boards are not closed implies that we are doubling the budget in the same way, which causes double spending and goes against the savings strategy.
The backlog is getting bigger, and likewise the conciliation strategy is not clear. Hence, together with the collective part, they are one of the great challenges so that the progress achieved is not thrown overboard.
For example, you only have to turn to see the more than half a million union collective contracts that have been issued, and of which only 300 have been legitimized, that is, 1% of the processes have been legitimized.
The costs for the business sector, you can see, are the closure of work, strikes and lawsuits for taking away the collective contracts, where not even the unions are seeking or privileging the rights of the worker.
In addition to this, the Ministry of Labor, under the command of Luisa María Alcalde, is taking charge of the legitimized contracts, conciliation and activities of the Center, when it is assumed that the Federal Center and Labor Registry is an autonomous entity in its operation, budget and decision-making, and it seems that in fact there is a clear subordination to the authority, especially to the Secretary of Labor. Without complying with autonomy, sending negative signals to the entire labor and business chain. Go strategies.
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