Background on the Instituto Federal de Telecomunicaciones (IFT)
María works at the Instituto Federal de Telecomunicaciones (IFT), a Mexican regulatory body. Similar to María, 133 IFT employees appointed at will face the uncertainty of not receiving severance packages and potential loss of their labor rights following the IFT’s extinction. Their anonymous stories reveal a legal and human void that contrasts with the constitutional promise to respect all public servants’ labor rights.
IFT Extinction and Legal Framework
The IFT’s extinction was approved through a decree on administrative simplification. The new legal framework ensured labor rights protection, with the IFT Plenum’s Agreement 050925/297 clearly stating severance payments for affected public servants. However, Article Nine Transitory of the new Telecommunications and Radio Broadcasting Law created a loophole: only those with “labor stability” within the professional service system would receive full severance.
Misinterpretation of Ambiguous Phrase
A poor and insensitive interpretation of this ambiguous phrase attempts to exclude appointed-at-will personnel, despite their definitive appointments, professional service system participation, and identical evaluations, rights, and obligations as concurso-based employees.
Impact on Over 900 Workers
More than 900 workers have already received severance packages without meeting the legal extinction requirement, while 133 remain uncertain. These workers are mid-level managers, technicians, assistants, liaisons, and department heads—public servants operating the regulator’s daily functions but potentially left unprotected due to insensitive leadership.
Precedent and Constitutional Rights
The core issue lies in the IFT Plenum’s interpretation of Article Nine Transitory. A senator introduced a reservation during legislative discussions, citing a 2016 Poder Judicial thesis distinguishing between career professional service personnel and appointed-at-will workers. This interpretation only refers to high-level politically trusted positions but could exclude the 133, despite their labor stability in practice.
Workers recall the INAI precedent. After the constitutional autonomous organism’s (similar to IFT) extinction, appointed-at-will personnel were indemnified, justified by the government’s commitment to treating all workers equally. It wasn’t a concession but recognition of a constitutional right: Article 123, Paragraph B, stipulates that in case of position suppression, public servants must receive indemnification or reinstatement.
Current Situation and Dialogue
The 133 workers aim to secure their rightful indemnification without confrontation. They acknowledge the Mexican state’s role in their formation and their contributions to lowering telecom costs, expanding internet access, and strengthening telecom competition over a decade.
José Antonio Peña Merino’s Role
José Antonio Peña Merino, ATDT’s head (known as Pepe Merino), has shown sensitivity and empathy, especially towards lower-paid workers. He expressed no intention of affecting labor rights, particularly those of the least privileged, in a recent meeting with the 133 representatives.
Economic and Social Implications
The indemnification amount, calculated internally, represents only 5% of the IFT’s trust fund, exceeding 1.7 billion pesos before severance payments. Extending labor uncertainty and hiring temporary personnel for ongoing IFT activities would incur greater costs. Economically, the saving argument weakens; socially, omission is unjustifiable.
Key Questions and Answers
- What is the issue? 133 IFT appointed-at-will workers face uncertainty regarding severance packages and labor rights following the regulator’s extinction.
- Why are they excluded? An ambiguous legal loophole and misinterpretation attempt to exclude these workers despite their labor stability.
- What precedents exist? INAI’s extinction saw appointed-at-will personnel indemnified, recognizing constitutional rights to labor protection.
- What is Pepe Merino’s role? As ATDT head, Merino has shown sensitivity towards the workers’ situation and has the opportunity to ensure labor justice during digital transformation.
- What are the implications? Financial and social consequences highlight the need for resolving this labor rights issue, ensuring justice and inclusivity in Mexico’s digital transition.
