Labor rights in Mexico under article 123
Article 123 recognizes labor rights in Mexico. “It is common to refer to its revolutionary origin, since it is linked to the aspiration to meet the basic needs of all, those without which freedom cannot be experienced;to the idea of guaranteeing a minimum of economic and social conditions for workers who serve as the basis to enhance their progressive development in liberal societies based on a capitalist-industrial production mode."
Much of the doctrine places them, without further need for justification, within the so -called economic, social and cultural or social rights themselves that are considered, in general, equally fundamental, as well as civil and political that usually constitute the hard core from the human rights.
Other important issues that concern these rights and from which it is intended to argue in favor of their landly mentally.
Beyond the arguments that respond to these issues, revealing the fallacy they contain, it is enough to point out here, on the one hand, that the United Nations Organization has already endorsFaced with individuals, thus issuing since 2003, the rules on the responsibilities of transnational companies and other commercial companies in the Sphere of Human Rights 2 in which reiterating the foundation, among others, of labor rights, recognizes as obligeddirect for their fulfillment to private companies.
Starting from this fact we find in the norms and instruments within the catalog of labor rights, in the front line, the right to freedom of association, followed by others such as the right to work, to collective bargaining and strike, the right to participate in The benefits of production, the right of ranking, the right to reinstatement or compensation, to annual paid vacations, the right to a fair and sufficient salary, to non -discrimination in the field of work, to a maximum day, the right to weekly rest, safety and health protection and against work or accidents, etc. All of them, in our constitutional scope are contained in article 123.
In principle, the model is qualified as democratic when the right to coaligate in the field of work is constitutionally recognized as an essential element of the conformation of the State, because, as Professor Gallardo has said, her own existence is conceived as an expression of the plural character of the same.5 It is possible, however, clarify that this qualification is not achieved by simply including at that level, but that it is necessary that the regime of freedom for the creation and exercise of the activity of the union understood as full absence of intervention of anyExternal agent, be it the State itself, the public administration or the employer, limiting this right of autonomy only to respect for the Constitution itself, the law and its fundamental principles, including precisely that of democracy.
In this sense, there is no doubt that freedom of association has been recognized by International Human Rights Law both at the regional and universal level and a requirement of a democratic model, transcending the original individualistic conception of rights, since not onlyIt is conceptualized as the power that the person has to form, affiliate or freely disregard the association, but also as the full collective autonomy of the union to determine and exercise the rights that are its own once the union has been constituted outsideof state regulations.
For example, in the universal field, both the Universal Declaration of Human Rights in its article 23.4 As the International Covenant on Civil and Political Rights in its article 22.1 and that of social and cultural economic rights in its article 8.1 They contemplate it in its catalog, even the latter in a broader way than the previous two.
At the regional level, in this same sense it is provided for article 16 of the American Convention on Human Rights or and Article 8 of the Additional Protocol to the American Convention on Human Rights in the field of economic, social and cultural rights protocol of San Salvador that expandsThe protection of the pact to the collective dimension of law.
As said, formally the text of article 123 above, despite not being in the title enshrined in human rights within the body of the Constitution, it is incorporated at that level and fits in general, although certainly briefly and evenincomplete, to the regulatory framework provided by the International Law of Human Rights in force in Mexico to which we have referred, as we will analyze.
As Professor Russomano, free syndication, autonomy and union democracy and union plurality, are three inscindible pieces of the right of freedom of association and are the countercara of the mandatory syndication, of the leadership and of the union unity of the union union, of the union union.8 We can preliminary that the three are an integral part of our right and that all, in addition, are linked to each other.
Therefore, we can affirm that it is acceptable, at least for International Human Rights Law, which sometimes and under certain circumstances, the syndication for the sake of the general interest is legitimately stated, or that the exercise of the dimension is sanctionedIndividual of law, in order to privilege its collective dimension and thus enhance the exercise of collective negotiation and strike rights that are typical of the union, both also unquestionably fundamental to be contained in all international human rights catalogs, sinceWithout these tools, their possibility of exercise would be affected.