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The second period of sessions of the LXV Legislature of the Congress of the Union begins with several pending matters regarding labor rights. Unlike what happened between 2018 and the beginning of 2021, when the labor reform was approved, the regulation of teleworking, the prohibition of outsourcing and the changes to the pension system, in the last year the labor legislative agenda was left behind before the revocation of the mandate and the Expenditure Budget of the Federation (PEF) 2022.

Mandatory social security for domestic workers and independent workers are some of the most advanced issues. Some unanalyzed proposals are on freedom of association, paternity leave, an increase in vacation days and bonuses, and labor inclusion of historically excluded groups.

Likewise, among the pending issues stand out issues such as dress codes in the workplace, recognizing el burnout as an occupational disease, guarantee the labor rights of workers on digital platforms, among others.

Barely in the previous period in the Senate, a reform was approved to establish equity measures in the Mexican Foreign Service (SEM) and a bill was endorsed by the Chamber of Deputies to toughen the sanctions for the omission of fees and contributions to the Institute of Security and Social Services for State Workers (ISSSTE).

In addition, although the Board of Directors of the Upper House tried in the last sessions of the ordinary period to reactivate the discussion in plenary to increase the days per paternity leave, this issue was once again left off the agenda and returned to the legislative freeze.

1. National care system

Among the issues that will have to be taken out of the freezer are reforms in matters of national care system and of pay equity for men and women. These are the most advanced issues and with the longest lag time.

In November 2020, the Chamber of Deputies, in the LXIV Legislature, approved reforming the articles 4 and 73 of the Constitution to establish that every person has the right to care and be cared for in a dignified manner.

In addition, it orders the creation of a secondary law that governs said system. According to figures from the National Institute of Statistics and Geography (Inegi), more than 14.5 million women They do not have a paid job and cannot look for one due to the work they do at home without receiving income for it.

The reform specifies that no additional budget will be allocated to set up the system. Nor will new institutions be created, but existing ones should be used through new policies and coordination between them. Although there are no plans to designate money for it, the minute was stuck in the Senate.

2. Equal pay at all levels

In turn, the Chamber of Deputies has a minute from the Senate. In March of last year, senators unanimously approved modifying 13 laws to ensure equal pay. In some sectors, men earn up to 34% more than their female colleagues for doing the same jobs.

Although the approval was celebrated by feminists from different movements and the Chamber of Deputies was urged to complete the process as soon as possible, the minutes no longer appear in the list of commissions.

But since October there have been three initiatives: of the PRI, PAN and Morena in this same sense.

3. Social security for domestic workers

In 2019, Congress recognized the labor rights of domestic workers in the Federal Labor Law (LFT) and in November 2020 began the second phase of the pilot program to affiliate them with the Mexican Social Security Institute (IMSS).

But a reform to the Social Security Law is needed to make their registration mandatory. Senator Patricia Mercado (MC) and other legislators have already presented an initiative in this regard. However, it does not have the full acceptance of the employees and organizations.

4. Social security for independent workers

In this new ordinary period of sessions, the plenary session of the Chamber of Deputies will have to vote if independent workers have access to the IMSS voluntary scheme.

The opinion has already been approved by the Social Security Commission and establishes a special regime for this group. Those who affiliate will contribute by advanced annuities or by a different periodicity, which will have to be authorized by the institute.

There is currently a pilot program implemented by the institute to incorporate this population.

5. Reduce the age of child labor

The Senate has a minute from the Chamber of Deputies to reduce the age for adolescents from 16 years old pThey can work in agricultural activities. The LFT considers them a dangerous sector, therefore, it allows them only for people over 18 years of age.

A few days ago, the National Agricultural Council (CNA), with the help of Senator Ricardo Monreal, held a forum in the Senate to talk about the “job opportunities” they would have. adolescents if companies are allowed to employ them.

6. Greater union freedom and power

One of his pending initiatives to reform the LFT is from the deputy Susana Terrazas (Morena) so that the small unions, in which the majority of the personnel is not affiliated, have the same rights as the large organizations. For example, negotiating the collective bargaining agreement (CCT), paid leave for commissions, receiving fees from its members, proposing vacancies to the company and organization guarantees, among others.

She herself submitted another for the Federal Center for Conciliation and Labor Registration (CFCRL) to grant 10 to 20 business days for staff to review their CCT and verify that they were given a printed copy. And one more to add that the vote for CCT registerIn addition to being direct and secret, it must be “peaceful, agile and safe”.

Meanwhile, the deputy Margarita García (PT) proposed a reform so that the elected directives of the unions and confederations present their declarations of conflict of interests, patrimonial and fiscal. And so that the salaries of whoever is in charge of the general secretariat are not greater than 50% of what they earn at work.

7. Labor regulation of digital platforms

Four initiatives have been presented in the Senate to regulate work on digital platforms and guarantee the labor rights of delivery people and drivers.

Legislators from both chambers have agreed that the reform to recognize the employment relationship between the applications and the delivery men and drivers is one of the topics that cannot be postponed any longer.

8. Extension of paternity leave

The increase in paternity leave has been one of the constant issues that the different benches present legislature after legislature in both Chambers. And in the same way, they are discarded or ignored. Currently the LFT only contemplate five days for working parents by birth or adoption.

The proposals in San Lázaro range from a period of 10 consecutive days, according to a PT initiative, to 60 days with pay, as presented by the president of the labor commission, Manuel Baldenebro. The broadest is that of the Parliamentary Group of Citizen Movement, of 90 days.

In the Senate there is a pending ruling that would raise from five days to four weeks paid leave for working dads in both the private and public sectors, including military personnel.

9. Increase in vacation days

Globally, Mexico is one of the countries with the shortest paid vacation period, similar to the levels of Brunei, China, Uganda, the Philippines, Malaysia or Thailand. This is a reality that Congress is seeking to change, and in the Senate there are at least two pending bills to increase vacation days for the workforce.

It is likely that the next session will add more projects in this regard and the debate on improving paid vacations will take on more force in both Houses. In San Lázaro, Movimiento Ciudadano proposes that it be minimal 12 business days from one year of work.

10. Creation of unemployment insurance

The Senate Labor Commission formed a technical team to analyze the criteria that should be considered for the design of a unemployment insurance, so it is expected that during the next session the legislators will have more elements to work on an opinion in this regard.

Various initiatives have been presented in said chamber with the purpose of creating a protection scheme that guarantees an income for people who lose their jobs. Our country is the only economy in the Organization for Economic Cooperation and Development (OECD) that does not have this public policy with national coverage against unemployment.

11. Reinforcement of labor inclusion

Various initiatives in the Chamber of Deputies propose that government agencies be obliged to allocate 10% of their vacancies to young people between 18 and 29 years old.

Meanwhile, Morena presented an initiative to modify the LFT and for it to indicate norms to promote the inclusion of People with disabilities, natives and belonging to the population of the sexual diversity.

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