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