In recent days, a labor reform bill advanced in Senate committees, driven by Senator Napoleón Gómez Urrutia of the Morena party, who is also the national leader of the mining union. This bill aims to reverse the changes made to labor legislation in the 2019 reform. These changes established that workers who do not agree to have the respective union dues deducted have the right to express their disapproval, and consequently, companies must stop deducting these payments immediately.
In response to this reform, various unions filed legal actions against the 2019 Federal Labor Law reform. This led to the issuance of a precedent by the Second Chamber of the Supreme Court of Justice of the Nation, which was published on March 26, 2021. Within this precedent, it is established that workers’ refusal to have union dues deducted from their salary does not contravene any of the principles of freedom and union autonomy. This guideline aims to strengthen the will of union members in exercising their rights within the organizations. Therefore, this corresponds to an individual decision not to continue making such contributions and is subject to the consequences established by the statutes.
In light of this, it is important to consider what the outcome of this debate will be, to determine whether the current stance will be maintained or modified. It is the company’s responsibility to withhold the corresponding union dues and deliver them in full to the union when stipulated. It is also the company’s obligation to stop deducting these dues when requested by the worker.
The labor team at Vega Guerrero & Asociados will keep you informed about the progress of this initiative and the actions that employers should take if it is approved.
