With the creation of the Labor Conciliation Center of the State of Oaxaca, justice has been brought closer to more than five thousand workers a year, who have preferred mediation to trial, stated the head of the organization, Víctor Quiroz Arellanes.
In an interview with directors and reporters from EL IMPARCIAL, the Best Newspaper in Oaxaca headed by manager Alejandro Castro Fernández, he recalled that on May 1, 2019, the Federal Labor Law was reformed; “I believe it is one of the most important reforms in the last 100 years in Mexico, because it completely transforms labor justice.”
“The change has been positive because the labor trials became very prolonged in time, due to many circumstances, not only attributable to omissions or negligence of the institution, but also due to the resources that the parties asserted, which were prolonging the labor processes,” stood out.
Likewise, the public official explained that this year there have been over 4,600 requests received and we still have almost three months left, “on average we have received almost 5,000 matters per year.”
He stated that of this figure, 3,723 cases have been resolved in conciliation, that is, we are practically at 75% of conciliation effectiveness, since of 10 labor issues or conflicts, 7.5 are resolved through conciliation.
Therefore, these 7 or 8 matters that are resolved in conciliation are no longer going to go to trial, they are no longer going to go to court, which has the consequence that the burdens of the labor courts decrease, unlike what had the Local Conciliation and Arbitration Board.
He emphasized that Oaxaca had the second stage of the Labor Reform in November 2021 and that is when its functions in the Labor Conciliation Center begin.
85 million pesos in favor of the workforce
We have recovered in favor of the workers, amounts of settlements, payments of unpaid bonuses, seniority, etc., over 85 million pesos so far,” he said.
He considered that the reform in this aspect has been positive, since it has reduced the burden on labor courts; “The possibility of resolving conflicts in conciliation and all this has been reduced to a maximum of 45 days, for the benefit of labor justice.”
Quiroz Arellanes explained that to date the Local Conciliation and Arbitration Board continues to function, until all matters within its jurisdiction are concluded, until then there will be the possibility of the extinction of said agency.
He reiterated that as a result of the labor reform, the resolution of labor conflicts was achieved much faster, much more expeditiously, and that their processes were not prolonged as much, which was to the detriment of both workers and employers.
The achievement of reform
For Víctor Quiroz Arellanes, the scope of the reform in labor matters is that all conflicts will first go through a conciliation area, which are the Labor Conciliation Centers, and from there achieve a prompt and fair solution.
The above derives from the fact that conciliators are professionalized with tools in conciliation techniques, which reconcile and resolve conflicts without the need to go to trial.
In addition to this procedure being shorter, “we are talking about the fact that the law imposes a maximum period of 45 days on us to conciliate, we cannot take one more day,” he stated.
And in the event that said agreement cannot be reached, he explained that “then the conciliator can issue what is called a certificate of non-conciliation, and in that case the worker will be able to present his claim before the labor courts.”
We have been operating the Labor Conciliation Center for almost three years now, and with quite positive results, where conciliation is directly between the employer and the worker, without the intervention of any lawyer.
Conciliating conflicts
He explained that, due to the reform of May 1, 2019, the Local Conciliation and Arbitration Boards disappear and new labor institutions are created, which is the Labor Conciliation Center, the Federal Center for Conciliation and Labor Records and the Labor Courts. .
Now a worker who has a labor dispute must first go to the Labor Conciliation Center, request a conciliation with his employer, with his employer and try to reach an agreement.
“The Conciliation Center summons them, tries to reconcile the conflict and only in the event that it cannot be reconciled, only until then, can the worker go and present his claim, but now before the labor courts,” he explained.
And in relation to negotiations with union entities, he explained that, unlike in the past, it is another instance that observes said strike calls or revisions to collective labor contracts, he concluded.
2024-10-16 12:59:00