Countries › Mexico › Guide › 7. Labor and employment › Unions and collective bargaining in Mexico: free association, 30 percent support and secret ballots for contracts, two yearly revisions, strikes and the USMCA labor mechanism

Unions and collective bargaining in Mexico: free association, 30 percent support and secret ballots for contracts, two yearly revisions, strikes and the USMCA labor mechanism

Last verified: 2026-10-26 · Status: Stable

Workers and employers may form or join organizations without prior authorization, no one may be forced to join or stay in a union, and employer interference in unions is prohibited; a union needs at least 20 workers and registers with the Federal Center for Conciliation and Labor Registration (CFCRL). Since the 2019 reform a union can demand an initial collective agreement only with a certificate of representativeness backed by at least 30 percent of the covered workers, and the agreement and each revision every two years must be approved by a majority in a personal, free and secret vote; contracts not legitimized by May 2023 ended. Wages in a collective agreement are revised every year, a union may strike to obtain or enforce one, and under the USMCA the United States and Canada can bring facility specific complaints that may lead to tariff penalties on goods from that facility.

Key facts

Minimum members to form a worker union	20 workersLFT art. 364, as of 2026-10-26 · in force
Worker support needed for a Certificate of Representativeness	30 % of covered workersLFT art. 390 Bis, as of 2026-10-26 · in force
Validity of the Certificate of Representativeness	6 monthsLFT art. 387, as of 2026-10-26 · in force
Collective agreement revision and worker vote	2 yearsLFT arts. 399 and 400 Bis, as of 2026-10-26 · in force
Collective agreement wage revision	1 yearLFT art. 399 Bis, as of 2026-10-26 · in force
USMCA Rapid Response review and remediation period	45 daysUSMCA art. 31-A.4, as of 2026-10-26 · in force

The rule

1. Freedom of association and no employer interference. Workers and employers, without distinction and without prior authorization, may form and join the organizations they choose. Worker and employer organizations are protected against interference by each other, including acts to promote unions dominated by an employer or to support unions to place them under its control; benefits agreed in collective bargaining are not interference. No one may be compelled to join or not join a union, union leaders are elected by personal, free, direct and secret vote, and leaders must account for union assets.Decree reforming the LFT on labor justice, union freedom and collective bargaining, DOF 1 May 2019; Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), LFT arts. 357 and 358, 2019-05-01 official text · verified 2026-10-26

2. Forming a union. Worker unions need at least 20 workers (employer unions at least three employers) and must register with the CFCRL, filing the constitutive assembly minutes, the list of members with their CURP and employers, the bylaws and the minutes electing the leadership. Bylaws must provide for secret ballot elections, proportional gender representation and an internal election body. Union dues may be withheld from wages, but a worker may object in writing and the employer may then not deduct them.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), Arts. 110, section VI, 364, 365 and 371, 2019-05-01 official text · verified 2026-10-26

3. Initial collective agreement. An employer that employs union members must sign a collective agreement with the union when it asks, but the union must first obtain a Certificate of Representativeness (Constancia de Representatividad) from the CFCRL, backed by a list signed by at least 30 percent of the workers to be covered. The CFCRL publishes the request and posts it at the workplace, other unions may join within 10 days, and if more than one union contends the right goes to the one with most votes in a personal, free, direct and secret ballot with turnout of at least 30 percent. The certificate is valid for six months, extended while a strike lasts. If the employer refuses to sign, the workers may strike, and the certificate must accompany the strike notice.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), Arts. 386, 386 Bis, 387 and 390 Bis, 2019-05-01 official text · verified 2026-10-26

4. Worker approval by secret ballot. To register an initial collective agreement or a revision, the CFCRL checks that its content was approved by the majority of covered workers by personal, free and secret vote. The union notifies the CFCRL at least 10 days before the vote and calls it 10 to 15 days in advance; the employer may have no involvement in the consultation; results are posted within two days and reported to the CFCRL within three business days, and voting records are kept for five years. The employer must post the CFCRL and union notices in the workplace.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), Arts. 132, sections XXXII and XXXIII, and 390 Ter, 2026-05-01 official text · verified 2026-10-26

5. Revisions. A revision must be requested at least 60 days before the agreement expires (if it lasts up to two years) or before two years have passed (for longer or indefinite agreements). Cash wages are revisable every year, requested at least 30 days before the anniversary. Every two years the revision agreement must be approved by the majority of covered workers by secret vote and deposited with the CFCRL.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), Arts. 399, 399 Bis and 400 Bis, 2019-05-01 official text · verified 2026-10-26

6. Legitimation of existing agreements. Collective agreements in force in May 2019 had to be revised and approved by the majority of workers by personal, free and secret vote at least once within four years of the reform taking effect; agreements not approved or not consulted by then were terminated, but the benefits and conditions above the legal minimum that they contained remain mandatory for the employer.Decree reforming the LFT on labor justice, union freedom and collective bargaining, DOF 1 May 2019, Transitional art. Décimo Primero, 2019-05-01 official text · verified 2026-10-26

7. Strikes. A strike may seek to balance the factors of production; obtain the signing or revision of a collective agreement or industry wide contract (contrato ley); enforce a violated agreement; enforce profit sharing rules; support another lawful strike; or obtain the annual wage revision.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), Art. 450, 1974-09-30 official text · verified 2026-10-26

8. USMCA labor commitments. In Annex 23-A Mexico committed to legislation giving workers the right to organize free of employer interference, independent registration of unions and agreements, and secret ballot votes on union leadership and on collective agreements. Under the Facility Specific Rapid Response Labor Mechanism (Annex 31-A), the United States or Canada may ask Mexico to review whether workers at a Covered Facility (one producing traded or competing goods or services in manufacturing, services or mining) are denied free association and collective bargaining; Mexico has 45 days to review and remediate. If a panel finds a denial of rights, remedies may include suspending preferential tariff treatment for the facility's goods or penalties on its goods or services, and after repeated findings denial of entry.Agreement between the United States of America, the United Mexican States and Canada (USMCA), in force 1 July 2020, Annex 23-A; Annex 31-A, arts. 31-A.4, 31-A.10 and 31-A.15, 2020-07-01 official text · verified 2026-10-26

Stage	Requirement	Source
Union registration	20 or more workers; registration with the CFCRL	LFT arts. 364 and 365
Certificate of Representativeness	Signed support of at least 30 percent of covered workers; valid six months	LFT arts. 387 and 390 Bis
Approval of the initial agreement	Majority of covered workers, personal, free and secret vote, no employer involvement	LFT art. 390 Ter
Annual wage revision	Request at least 30 days before the anniversary	LFT art. 399 Bis
Two yearly revision	Request at least 60 days in advance; majority secret vote; deposit with the CFCRL	LFT arts. 399 and 400 Bis

Life cycle of a collective agreement after the 2019 reform (LFT arts. 386 Bis to 400 Bis).

Worked example

A supplier of auto parts in Guanajuato employs 600 workers and exports to the United States.
A union collects signatures of 190 workers (over 30 percent) and obtains a Certificate of Representativeness from the CFCRL; the company must negotiate and may not support a rival union or take part in the vote (LFT arts. 357 and 390 Ter).
The negotiated agreement takes effect only if a majority of the 600 covered workers approve it by secret ballot; wages are then revised every year and the whole agreement every two years, again by secret vote.
Because the plant is a Covered Facility under the USMCA, a credible complaint of denied union rights can lead to a review request and, if not remediated, to loss of preferential tariff treatment for its parts.

Step by step

1. Confirm whether any collective agreement covers your workplace and whether it was legitimized by secret vote; if not, it ended and its above minimum benefits remain binding.
2. Adopt a neutrality policy for managers: no interference in union formation, elections or votes.
3. Post CFCRL and union notices in the busiest areas of the workplace when asked (LFT art. 132, sections XXXII and XXXIII).
4. Calendar the annual wage revision and the two yearly revision with its secret ballot and CFCRL deposit.
5. For exporters to the United States or Canada, map facilities that could be Covered Facilities and keep evidence of freedom of association compliance.

Common traps

Protection contracts. Collective agreements signed without worker support are no longer valid; a 2019 era agreement not legitimized by vote ended (decree DOF 1 May 2019, transitional art. Décimo Primero).
Employer involvement in the vote. The employer may have no intervention in the consultation, and doing so can void it (LFT art. 390 Ter).
Automatic union dues. Workers may refuse in writing to have dues deducted (LFT art. 110, section VI).
Trade exposure. USMCA remedies target goods from a specific facility and can apply quickly; they are lifted once the denial of rights is remediated (USMCA Annex 31-A).

Sources

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