Expert says it is difficult for Mexico to file a labor complaint against the US.
Through the USMCA, the United States exercises labor authority functions in Mexico, since it will be in charge of sanctioning in the event of a violation of what was agreed in the trade agreement that both countries share with Canada, said the managing partner of Santamarina + Steta, Juan Carlos de la Vega.
The lawyer, who heads the firm's labor practice, warned that the United States-Mexico-Canada Agreement (USMCA) did not establish a level playing field for the three countries.
If the United States wants to initiate a rapid response labor mechanism against Mexico, it can do so without any condition, but in the opposite case, the prerequisite must be that a U.S. agency reviews and rules on the issue, prior to the controversy.
With the entry into force of the USMCA in July 2020, the US government can use the rapid response mechanism, even though Mexico is in the implementation phase of the 2019 labor reform and has until May 1, 2023 to legitimize collective bargaining agreements.
“The real point is that it is a unique and special condition in terms of labor. The United States has two agencies: the USTR (United States Trade Representative) and the Department of Labor, which are acting as authorities in Mexico. That is complicated, which puts up a barrier for Mexicans to file a complaint against the Americans,” he explained.
Source: El Universal
