Abstract

This article analyzes the legitimacy of collective bargaining agreements from a constitutional perspective in Mexico. It notes that this process seeks to ensure that workers are aware of and approve such agreements through a personal, free, direct, and secret vote, thereby preventing sham practices such as “protection contracts.” However, the author questions the manner in which the validation process is currently carried out, particularly because the Ministry of Labor and Social Welfare (STPS) has assumed functions that, pursuant to Article 123 of the Constitution, would fall under the purview of a decentralized agency. This could imply a potential formal unconstitutionality. Furthermore, the article examines the “Protocol for the Validation of Existing Collective Bargaining Agreements,” highlighting that it establishes specific procedures for consulting workers. It also mentions rulings by the Judiciary that reflect legal uncertainty on the matter, particularly regarding amparo proceedings and procedural standing. In conclusion, the article argues that, although legitimation strengthens labor union democracy, there are regulatory gaps and constitutional questions regarding the competent authority to implement it.