Library of Congress

Law Library of Congress

The Library of Congress > Law Library > News & Events > Global Legal Monitor

Mexico: Convention on the Application of the Principles of the Right to Organize and Bargain Collectively Ratified

(Jan. 11, 2019) On November 23, 2018, Mexico ratified an International Labor Organization (ILO) convention known as the Convention Concerning the Application of the Principles of the Right to Organize and to Bargain Collectively (commonly referred to as Convention 98). (Mexico Ratifies the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), ILO (Nov. 26, 2018).)

Under this Convention, workers are entitled to “adequate protection against actions of anti-union discrimination in respect of their employment.” (Convention Concerning the Application of the Principles of the Right to Organize and to Bargain Collectively, 1949 (No. 98) art. 1, July 1, 1949, entered into force July 18, 1951, ILO website.)

In particular, workers are to be protected from actions aimed at

  • making their employment subject to the condition that they not join a union or renounce membership to a union, and
  • dismissing or prejudicing them on the basis of their union membership or participation in union-related activities while off-duty or during work hours. (Id.)

Convention 98 also includes rules aimed at protecting workers’ organizations against acts of interference by employers. (Id. art. 2.)

Specifically, actions that are directed to “promote the establishment of workers’ organisations under the domination of employers or employers’ organisations, or to support workers’ organisations by financial or other means, with the object of placing such organisations under the control of employers or employers’ organisations” are considered to be acts of interference under Convention 98. (Id.)

In addition, this Convention provides that appropriate mechanisms must be established when necessary in order to enforce the right to organize as provided therein. (Id. art. 3.)

The ILO, an agency of the United Nations, has established a number of labor standards, some of which are embodied in legally binding international conventions that ratifying countries commit to adopting in national law and practice. (See ILO, Rules of the Game: A Brief Introduction to Labour Standards 15 (2014).)