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PORTSIDE  October 2012, Week 3

PORTSIDE October 2012, Week 3

Subject:

Mexico's Labor Law Reform Sparks Massive Protests

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Date:

Tue, 16 Oct 2012 19:40:31 -0400

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Mexico's Labor Law Reform Sparks Massive Protests

    A plan to gut labor protections has spurred unrest
    in Mexico's streets.

By David Bacon 

October 16, 2012
In These Times, web edition 

http://www.inthesetimes.com/article/14023/mexicos_labor_law_reform_sparks_massive_protests/

MEXICO CITY

As the Mexican Senate tried to convene last week, unionists,
youth protesters from the #YoSoy132 movement and social
activists of every stripe blocked the chamber's doors, trying
to prevent legislators from meeting to consider the reforma
laboral. On October 2, tens of thousands marched from the
Tlatelolco (Plaza of Three Cultures), where hundreds of
students were shot down by Mexican Army troops on the same
date in 1968, to the Zocalo at the city center. Reverberating
chants signaled an equally massive rejection of this deeply
unpopular proposal.

The Mexican Senate has begun its 30-day consideration of a
proposed reform of the country's labor laws. Its provisions
will have a profound effect on Mexico's workers, changing the
way they are hired, their rights at work, and their wages.
Benedicto Martinez Orozco, co-president of one of the
country's most democratic unions, the Authentic Labor Front
(FAT), calls it "a monstrous law."

The basic thrust of the reforma laboral is greater
flexibility for employers. It would replace pay per day with
pay by the hour. At Mexico's current minimum wage of about 60
pesos per day, this would produce an hourly wage of 7.5
pesos, less than 60 cents. Employers would gain the legal
right to hire workers indirectly through labor contractors.
If workers are fired for protesting or organizing against the
new regime, or for any other illegitimate reason, employers'
liability for back pay would end after a year.

In the ears of U.S. workers, the wages may sound low, but the
kind of flexibility the reform envisions has been the norm in
workplaces north of the border for decades. Not so in Mexico,
however. In the wake of the Mexican Revolution, and then in
the radical upsurge that followed in the `30s and `40s,
Mexican workers won a broad set of rights and protections. On
paper, the rights of Mexican workers are far more extensive
than those of their U.S. counterparts.

In the Federal Labor Law, which the reform would amend, the
workday was officially set at 8 hours, and workers could only
be hired by the day, not by the hour. Minimum wages were set
as well. Employers had to give workers permanent employment
status quickly, and hiring through contractors was
prohibited. If workers were fired unjustly, they could
collect back pay for the time they were out of work. If they
were laid off, their employer had to pay severance based on
their length of service. Companies had to declare their
profits, and share them according to a set schedule.

Employers have never liked these laws, but the political
offensive to change them grew much stronger as Mexico opened
its economy to foreign investors. Over time those rights were
eroded in fact, if not yet in law. As the maquiladora
factories on the U.S./Mexico border grew to employ 2 million
workers (before the current recession), the actual conditions
of employment changed, despite what the law said. Workdays
extended well past eight hours. Workers were routinely
cheated out of profit sharing. When they tried to organize
independent unions, their legal right to bargain and strike
was violated with impunity by employers, the government and
unions connected to Mexico's old ruling party, the PRI
(Institutional Revolutionary Party).

Using labor contractors was illegal in theory, but it became
the employers' weapon of choice in the fierce labor battles
of the past decade. The five-year strike by copper miners in
Cananea, just south of the Arizona border, was declared
illegal a year ago. Then Grupo, Mexico, the huge corporation
that owns mines on both sides of the border, brought in
strikebreakers using contractors.

Humberto Montes de Oca, international secretary of the
Mexican Electrical Workers Union (SME), notes bitterly that
Cananea was the birthplace in Mexico of the fight for the
eight-hour day, in the famous uprising of 1906 that heralded
the beginning of the Mexican Revolution. "Now if you go to
Cananea," he says, "you find subcontracted workers in the
mine putting in 12-hour days with no overtime pay. In the
heart of the town where the eight-hour-day struggle started,
workers now have a 12-hour day."

Montes de Oca's own union suffered a similar fate. In 2009
Mexican President Felipe Calderón dissolved the state-owned
Power and Light Company of central Mexico and declared that
the union no longer existed. The SME, one of the country's
oldest and most democratic unions, has been fighting ever
since for the right of workers to return to their jobs, and
to regain its legal status.

"Our members were also replaced by subcontracted workers with
no union," Montes de Oca says. "These new replacements had no
training or experience, and as a result, there were countless
accidents. Some of these workers died. This is the employment
model promoted by the labor law reform. What happened to us
anticipated the changes the reform will bring everywhere."

Martinez adds, "For workers who don't accept this, and are
fired when they try to protest or organize, the employer
isn't liable for more than a year of back pay. No one will
bring a case against his or her boss because the employer
will have such a strong motivation to delay endlessly. Given
the Mexican legal system, that will be very easy."

When the PRI lost the presidency in 2000, proposals for
changing labor law were made by the incoming National Action
Party. Some, promoted by the World Bank, were so extreme in
restricting the rights of workers and unions that even more
liberal-minded employers objected. Independent and
progressive unions mobilized opposition, defeated them, and
then proposed their own alternatives.

One centered on guaranteeing the right of workers to elect
union officials by secret ballot. PRI-affiliated unions have
a long history of violence and corruption in the election of
their leaders. Another would have ended "protection
contracts," the secret agreements signed by corrupt unions to
protect employers when workers organize independently. Those
proposals had support from Mexico's left- leaning Party of
the Democratic Revolution (PRD), but not from the PRI.

In last July's national election, however, the PRI regained
the presidency. Then in September a reforma laboral proposal
passed through the Chamber of Deputies at breakneck speed,
pushed by an alliance between the PAN and the PRI. The
Senate, which must ratify it, has yet to take a vote. But
it's likely that the PAN/PRI alliance will pass it there too.
Calderón would presumably sign it before he leaves office.

Using the same arguments heard from employers and Republicans
in the U.S. presidential campaign, reform supporters argue
that removing restrictions on employers will encourage them
to hire more workers, producing more jobs. Rosalinda Vélez
Juárez, Secretary of Labor and Social Welfare, asserted that
the reforms constituted "a watershed" that would generate an
additional 400,000 jobs per year. "Even the opposition will
eventually see the benefit," she declared.

Critics point out, however, that 900,000 young people enter
the Mexican job market every year. Since the Calderón
administration took office in 2006, however, only 1.54
million people have gained formal employment, according to
the Social Security Institute-about  250,000 per year, or
less than a third of those needing work. That is just one
element of the economic pressure producing waves of migration
to the United States. Evaluating the reforma laboral, the
UN's Economic Commission for Latin America and the Caribbean
found that it would not create any new jobs, but merely
encourage contractors to hire workers already in the informal
sector. "We may see an increase in jobs, but they will be
very precarious ones at very low pay," Montes de Oca argues.

What the reform will also do, however, according to unions
and other critics, is increase the productivity of the
workforce by making workers more vulnerable to pressure by
employers. A rise in productivity actually diminishes the
need for new workers.

"The ultimate effect will be to impoverish workers even
further," says Martinez. "On the one hand, it makes it much
easier to fire workers. On the other, the ability to
subcontract workers paid by the hour gives employers a reason
to fire permanent employees. This opens the doors of paradise
for them." Unions will certainly find it more difficult to
organize workers who increasingly need better wages and
conditions, but are even more frightened of losing the
precarious jobs they have.

In response to the unions' earlier proposals, one provision
added to the reform as it was debated would have given
workers the right to elect the officers of their unions in
direct, secret-ballot elections. That provision, however, was
removed by those deputies who are also leaders of unions
affiliated to the PRI or to minor parties backing the reform.
One deputy, Lucila Garfias Gutiérrez, speaking for the
conservative leadership of the Mexican Teachers Union,
asserted, "We say yes to union democracy, but also to
respecting the principle of autonomy . only the workers
should have the right to decide how to organize [the internal
election process in their own unions.]"

She was challenged, however, by the progressive Coordinadora
movement in her own union. Francisco Bravo Herrerra, leader
of Mexico City's Seccion Local 9, told the Mexican daily La
Jornada that support for the reform was a criminal act-"the
biggest blow against workers of the past hundred years."

Once the provision was removed, the PRI deputies who are
union leaders voted for the reforma laboral. "The supposed
worker representatives in the Chamber of Deputies who
approved this law betrayed their principles and their own
members, and the whole Mexican people," Martinez fumed. "They
handed workers over to the bosses on a silver platter."

Both Martinez and Montes de Oca predict that the fight
against the reform won't end even if the Senate approves it.
In just one indication of the depth of that resistance,
workers from the huge Nissan auto plant in Morelos stopped
work and blocked the main highway from Mexico City to the
coast, to demand rejection of the reforma laboral. Orozco and
others believe that the reform is unconstitutional, and plan
to challenge it legally.

On October 11 a huge rally of unions outside the Senate
brought together both independent unions like the FAT and the
SME, and even sections of the PRI unions, to protest the
reforms.  Fissures are appearing inside the PRI itself, and
one PRI senator, Armando Neyra Chavez, who also heads the
old- guard union, the Confederation of Mexican Workers in
Mexico state, called on the newly elected PRI administration
to restore the jobs and legal status of the fired electrical
workers, instead of passing the reform bill.

The cost of the reforma laboral will be felt, however, not
just in Mexico, but also in the United States. The purpose of
increased flexibility is to encourage investment, including
from U.S. corporations like Ford, Walmart, Kimberly Clark and
others, who already play a central role in the Mexican
economy. More U.S. investment also means, though, that more
jobs move south. The movement of production facilitated by
the North American Free Trade Agreement has already cost at
least 800,000 U.S. jobs, according to the Economic Policy
Institute.

Further job outsourcing to Mexico, spurred by lowered wages,
subcontracted work and diminished rights for workers, will
create more unemployment and displacement of workers north of
the border. But the cost of low wages and increasingly
precarious work is displacement in Mexico too. Workers who
can't live on 7.5 pesos an hour, or find permanent work in a
new world of labor contractors, will have little alternative
to migration across that border. 
_____________________

David Bacon is a writer, photographer and former union
organizer. He is the author of Illegal People: How
Globalization Creates Migration and Criminalizes Immigrants
(2008), Communities Without Borders (2006), and The Children
of NAFTA: Labor Wars on the US/Mexico Border (2004). His
website is at dbacon.igc.org.

___________________________________________

Portside aims to provide material of interest to people
on the left that will help them to interpret the world
and to change it.

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