On December 12th, 2019 the Senate approved the Protocol of Amendment to the Agreement between Mexico, United States and Canada (“T-MEC” for its acronym in Spanish) which was signed by representatives of the three countries on December 10th, 2019, and sent to the Mexican President for applicable legal effects.

The main change to said Protocol in labor matters is the addition of Annex 31-A concerning the Facility-Specific Rapid Response Labor Mechanism (the “Mechanism”) applicable bilaterally between the United States and Mexico, and Annex 31-B concerning the same Mechanism between Canada and Mexico.

Such Mechanism will help involved countries seek remedy against an alleged violation to the right of association and collective bargaining in specific workplaces (especially, but not limited to, aerospace products and components, autos and auto parts, cosmetic products, industrial baked goods, steel and aluminum, glass, pottery, plastic, forgings and cement industries) because otherwise, the specific workplaces may be subject to the suspension of preferential tariff treatments, imposition of penalties, or the denial of entry of its goods or services to the country of destination.

The process to be followed is based on the creation of dispute settlement Panel comprised by 3 panelists, appointed one by each country involved and the third on a jointly basis, whom will be in charge of reviewing the complaints, verify the workplaces and resolve in consequence.