Law specialists pointed out that during the construction of the Maya trends, one of the megaprojects of the government of Andrés Manuel López Obrador To reactivate the economy of southeastern Mexico, it could be interpreted that the ownership of some unions on the contractual relationship with the workers violates the right to free union association.
This, because presumably there is a tolerance to the alienation of contracts in the unions and prohibition to associate with others. Which contradicts the section of this item in the Federal Labor Law (LFT) and the new provisions of the Mexico-United States-Canada trade agreement (T-MEC).
In Chapter II of the LFT “Unions, federations and confederations”, Article 357 it is specified that “workers and employers, without any distinction and without prior authorization, have the right to form the organizations they deem appropriate, as well as to join them, on the sole condition of observing their statutes.”
On their own, with the new T-MEC rules, partners involved in construction can review in detail the freedom with which they Employees can have access to a union, as well as the ability to choose it based on their interests.
This means that, according to the rule of law and the provisions of the T-MEC; First, the company must hire the employee and then the employee decides the union to which he wants to belong, estimated lawyer Pablo Franco. However, in practice the dynamics are different.
The Autonomous Confederation of Employed Workers of Mexico, It is the association that captures a series of unions that will have the collective contracts of the workers of sections 1,3 and 4 of the Maya Train, its leader is the now deputy senator from Morena, Pedro Miguel Haces Beard.
Haces Barba is a substitute for Dr. Germán Martínez Cázares, who acts as secretary of the Mining and Regional Development Commission in the Senate of the Republic and member of the commissions of Justice, First Commission of Work: Government, Constitutional Points and Justice, Social Security, Work and Social Security, among other. However, his work as a legislator has been characterized by being against outsourcing Illegal, also known as abusive outsourcing, as these practices reduce employers’ liability to their employees.
For its part, the Campeche Federation of Workers, affiliated with the CTM, it will monopolize those of section 2. In fact, this federation has already made its corresponding announcements on its social networks, in which they invite people to join and then get a job in the work of the Yucatan Peninsula.
“Friend employee of our state, if you are interested in entering to work in the construction of the Mayan Train work in Section 2 of Escárcega – Calkiní you can approach these addresses in the different municipalities to carry your papers and be able to enter the job exchange. For more information you can send us a private message to answer your questions, dial the phone numbers or go to the different reception points that appear for each municipality within the established hours, “reads the Facebook account of the FTCCTM.
The work will consist of four sections that will connect five states: Campeche, Chiapas, Yucatan, Quintana Roo and Chiapas. The project is multipurpose, since it will serve to transport passengers and merchandise and will stimulate the tourism industry; however, the way in which the right to union association is implemented is presented in an irregular way.
The UN, in its competition, recognized that the work could attract millionaire economic benefits for the region. UN-Habitat indicated that, thanks to the train, between now and 2030 715,000 new jobs will be created in the 16 municipalities with a train station, 150,000 jobs in the rural economy associated with the train and 80,000 more with construction work on the first five sections in 2020.
In addition, he noted that the project will lift 1.1 million people out of poverty.
Likewise, it should be noted that there are no complaints against the aforementioned organizations; However, the CNDH has released a series of observations on the construction of the megaproject due to the health crisis that the new coronavirus has brought with it in Mexico.
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