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ARTICLE · 21 OCTOBER 2022

Labor Courts Are Now A Reality In Mexico

Ogletree, Deakins, Nash, Smoak & Stewart
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On October 3, 2022, the last phase of the implementation of Mexico's Federal Labor Law of 2019 (the "Labor Reform") amendment became effective, and, consequently, a new labor process...

MexicoEmployment and HR

On October 3, 2022, the last phase of the implementation of Mexico's Federal Labor Law of 2019 (the "Labor Reform") amendment became effective, and, consequently, a new labor process before the courts is now a reality in Mexico. The process is detailed below.

Conciliatory/Mediation Process

As the general rule, before raising any claim before the Labor Courts of the Judicial Branch, plaintiffs and defendants must go through a conciliatory/mediation process—which should not exceed forty-five days—before the Federal Conciliation and Labor Registry Center (FCLRC).

The objective of this process is to settle and avoid litigation that would otherwise overwhelm courts. If parties fail to reach a settlement, the FCLRC will issue a "no settlement" certificate that will be a prerequisite for filing a labor claim before the labor courts. Any disputes concerning (i) employment discrimination, (ii) the designation of a beneficiary, and/or (iii) occupational risks would be

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