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Second complaint on Mexican protection contracts lodged with ILO

15 March, 2010A second complaint regarding the use of protection contracts in Mexico was lodged in February 2010 with the International Labour Organization's (ILO) Committee on Freedom of Association following an earlier, similar complaint lodged by the International Metalworkers' Federation.

GENEVA/MEXICO: On February 22, 2010, the Telephone Workers' Union of Mexico, the Coalition for Justice in the Maquiladoras (CJM,) the Democratic Lawyers Association (ANAD), and the labor organizations, unions, and other allied organizations who are CJM members presented a complaint to the Freedom of Association Committee ILO regarding violations of Mexican maquiladora workers' right to freedom of association and collective bargaining.

The complaint demonstrates a persistent and systematic pattern of violations to the rights to freedom of association and collective bargaining as established in the Mexican Constitution, the Federal Labor Law, and International Conventions 87 and 98 of the ILO as exemplified in the following cases: Sony, Han Young (Hyundai), Custom Trim (GM, Ford & Chrysler), DURO (GAP), LAJAT (Levi's), y KSS (GM, Ford & Chrysler).

According to the CJM the purpose of presenting the complaint is to denounce and redress violations of workers' rights by multinational corporations and the Mexican government, which protects management-friendly unions through "protection contracts".

Earlier, in February 2009, the IMF also lodged a complaint against the Mexican Government calling on the ILO to condemn Mexican laws which prevent freedom of association and contravene ILO Convention 87, which guarantees core labour standards to all workers.

ILO Case No. 2694 relates to the vast majority of collective agreements under Mexican law that are so-called "protection contracts", which force workers to join unions nominated by company management rather than one of their own choosing.

Another complaint on Mexico, Case No. 2478, also lodged by the IMF is on government interference in union autonomy of its affiliate the National Miners' and Metalworkers' Union of Mexico (SNTMMSRM).

The IMF continues to support workers' denied their rights in Mexico and will monitor and report on the progress of these complaints before the ILO.