Employment Law in the Maquila System

Paper Summary:

This paper outlines some of the labor-related legal considerations that the human resource manager will face when dealing with the Maquila environment. In particular, it focuses on Mexico's labor law and its origins, the track record in the area of labor law enforcement, and just how grievances are handled. The paper also briefly reviews American labor laws. The paper uses endnotes.

Table of Contents:
section 1: Introduction
Section 2: History And Origin Of Mexican And U.S. Labor Law
Section 3: Laws Dealing With Labor Conditions In Mexico And U.S. Prior To Employment (Application/Interviews)
Section 4: Labor Laws Dealing With Working Conditions
Section 5: Labor Laws Dealing With Termination
Section 6: Conflict Of Laws
Section 7: Maquila Labor Law In Practice
Section 8: Cultural Considerations And The Labor Context
Section 9: Conclusions

From the Paper:

"For the Mexican workers employed by the American parent company in Mexico, however, the Mexican labor law is the sole concern. That is not to say that the Mexican worker cannot file a claim with the NAO in either the United States or Canada, but this has not been the case historically. The majority of claims have come from the two primary areas discussed above (employees' right to organize and discrimination/harassment of women). It seems, however, that the overly protective nature of the Mexican labor law system is rarely enforced due to the outcome of the NAO submissions dealing with those two areas (NAO submissions 9702 and 9402 discussed above)."

Sample of Sources Used:

• Magdeline R. Esquivel and Dr. Leoncio Lara, The Maquiladora Experience: Employment Law Issues in Mexico, 5 NAFTA L. & Bus. Rev. Am. 589 (1999).
• Carlos Angulo Parra, How to Use Maquiladoras in Mexico Today, 6 U.S.-Mex. L.J. 111 (1998).
• Sam Dillon, U.S. Review Finds Sex Bias in Mexico Plants, Austin American-Statesman, Jan. 13, 1998 at A4.
• Maquiladora Decree, D.O., 22 Dec. 1989, D.O., 24 Dec. 1993, 23 Oct. 1996.
• Sherri M. Durand, American Maquiladoras: Are they Exploiting Mexico's Working Poor?, 3 Kan. J. L. & Pub. Pol'y 128 (1994).

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