CONCILIATION IN THE NEW LABOR JUSTICE MODEL

Abstract

Abstract

Since the emergence of labor legislation in our country, conciliation has always been present, however, despite the historical existence of this figure, as a means of solving labor disputes, the courts responsible for the administration of justice, in this matter, will be characterized by a large accumulation of files; which originates, that the procedures in these instances take place very slowly, contrary to the right that we citizens have in the sense that justice is administered to us in an expeditious manner, and within the terms and terms established by the laws, established in the Article 17 of our Magna Carta.

Why is it that conciliation as an alternative means to resolve disputes that arise in labor-management relations has failed?

Could it be that the interests between these two social classes are irreconcilable?

The little support, in infrastructure, personnel, etc. that the state has granted to the Conciliation and Arbitration Boards has been a determining factor, which has caused tortuguism in the processing of labor lawsuits.

In Mexico, from the reforms to Constitutional Article 123, published on February 24, 2017 and later with the reform of its regulatory law, the Federal Labor Law on May 1, 2019, a new stage began, in the case of the administration of labor justice; conciliation playing a leading role; Well, from the outset it is no longer part of the labor procedure, contemplating the preliminary conciliation procedure, which must be carried out compulsorily, before starting the trial, without the parties being obliged to conciliate, if not only to attend the process; Creating for this purpose the conciliation centers, in local matters, and in federal matters, the federal centers of conciliation and labor registration.

            This decision in favor of a conciliatory option is fundamental, we hope it works and finally we have in the Courts the least number of trials possible, which allows the processes to be agile; For justice that is not prompt and expeditious is not justice.