At the labor panel on Atento, Mexico‘s Ministry of Economy called for common sense after the ruling under the United States-Mexico-Canada Agreement (USMCA) was announced.
The USMCA came into force on July 1, 2020. It replaced the North American Free Trade Agreement (NAFTA), which had been in force since 1994.
The USMCA includes updated rules to protect workers’ rights and ensure compliance.
It also incorporates an innovative rapid response mechanism. This allows an independent panel to investigate the denial of labor rights in “covered facilities” without relying on government inspections.
Labor panel on Atento
The USMCA labor panel determined that Atento Servicios violated union rights at its call center in Hidalgo: it fired organizers, created a climate of fear, and promoted an alternative union. In addition, it considered the measures taken by Mexico to repair the damage to be insufficient.
On August 21, 2025, the USMCA Panel concluded that Atento Servicios denied labor rights at its Pachuca I and Interplaza locations. It determined that the corrective measures implemented by the company were insufficient to remedy the violation.
“The Mexican government does not agree with the Panel’s determination, considering that the actions also taken by the Ministry of Labor and Social Welfare (STPS) were in accordance with national legislation, the country’s international commitments, and the principle of good faith,” said the Ministry of Economy in a press release.
Freedom of association
The Mexican government expressed its concern. It noted that the Panel did not evaluate all the arguments presented, including a jurisdictional objection. In addition, it introduced points not raised by the parties and omitted key elements.
Among them, it mentioned the allocation of the burden of proof under the Rules of Procedure. It also mentioned the interpretation of the Treaty in accordance with the Vienna Convention, the internal review by the STPS, and the relevance of the remedial measures.
Even so, he emphasized that the Rapid Response Labor Mechanism in Specific Facilities represents progress. He considered that it promotes respect for labor rights in trade agreements. In addition, it has favored freedom of association and democratic processes, although challenges persist in some workplaces.
«However, in order to preserve it as a legitimate tool, it is essential that its application be carried out sensibly, fairly, and in accordance with the principles of good faith and in compliance with the agreements reached by the Parties, both in the USMCA and in the Rules of Procedure. Its use should strengthen national institutional structures without affecting the sovereign decisions adopted by Mexico in the protection of labor rights,» argued the Ministry of Economy.