Mexico City is on the verge of a significant legal change for its more than 300,000 government workers. An initiative for a new Law for Workers in the Service of the Government, promoted by Juan Rubio Gualito, president of the Labor Affairs, Work and Social Security Commission of the CDMX Congress, seeks to rectify a historical anomaly and fully comply with the mandate of the 2018 local Constitution and the 2019 federal labor reform: the creation of its own bureaucratic justice, independent of federal jurisdiction.
A Decades-Long Battle for Labor Justice
For years, labor disputes involving the Mexico City Government have been resolved before the Federal Conciliation and Arbitration Tribunal. This reliance on federal criteria and interpretations has resulted in a “very slow” justice system, with lawsuits dragging on for four or five years. “I have lawsuits from 2012 that have not been able to end,” laments Rubio Gualito, emphasizing the urgency of building a legal framework that “gives certainty to the workers of the City in their direct relationship with the Government.”
The legislative project, consisting of more than 100 articles, has a clear objective: to offer a “floor” of rights and legal certainty to all employees of the City Government, including permanent, temporary, and contract workers, as well as those from decentralized public bodies such as the Metro or Electric Transport Systems.
Unifying Disparate Labor Regulations
Historically, these entities have been governed by a different legal section (Section A) than most bureaucrats, which has led to a fragmentation of criteria and uncertainty about their labor status. The new law seeks to organize this landscape, establishing, among other things, the regulation of working hours and rest periods, and protecting personnel from changes in administration.
After the initiative was presented to the Plenary of the Congress, it was referred to the commission chaired by Rubio Gualito. In this space, it will be reviewed, adjusted if necessary, and discussed openly with union groups. The deputy has announced the holding of forums prior to the discussion in commission, seeking to hear from the various union currents in the City, including those from RTP, the Metro, the teaching profession, and universities.
Strengthening Union Freedom and Democracy
One of the most relevant implications of this law is the ratification of union freedom and democracy. Although Mexico City has been a pioneer in practices such as free, secret, and direct voting for the election of its directives, the law elevates it to the rank of a constitutional guarantee, aligning with the principles of the federal reform.
Despite the ambitious nature of the initiative, its creator does not foresee major political obstacles. “The law is considered a ‘constitutional mandate’ that provides legal certainty. Although the creation of the new Bureaucratic Justice Tribunal of Mexico City will not materialize immediately, its establishment is foreseen in a transitory article for 2030, given the complexity of creating a tripartite jurisdictional body,” explained Rubio Gualito.
If approved, the law would come into force to bring order and clarity to the path taken by institutional progress in the capital, “to respond to the specific needs of the workers of the City Government.”
