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Thought Leaders - Mexico - Labour & Employment 2021

Q&A

WWL Ranking: Thought Leader

WWL says

Tomás Natividad Sánchez is heralded as an “excellent litigator and strategist” who is “very rounded” in his capabilities to handle a range of complex labour and employment issues.

Questions & Answers

Tomás Héctor Natividad Sánchez graduated from Escuela Libre de Derecho, holds a specialist degree in labour law from the Panamerican University, has completed his PhD, and is in the process of being certified. He is founding partner and general director of Natividad Abogados, SC, a firm operating in Mexico for 40 years and credited as one of the best employers’ consulting firms in the country. He is a member of the labour committee and the board of directors of the Business Coordinating Council (CCE), where he was president for 17 years between 2002 and 2019. 

What inspired you to pursue a career in labour law?

Destiny or luck. I arrived in Mexico City from Chihuahua in January 1967 to continue my law studies at Escuela Libre de Derecho and I needed to secure a job in a law firm. With the support of a great lawyer who was also my uncle, Tomas Sanchez Baylon, I was assigned to the labour area. Luckily, I liked the subject so much that I have continued practising in this area to this day.

How has the market changed since you first started practising?

During my first years of practice in this area, I was involved in the first federal labour law of 1931 which federalised labour matters. I had the opportunity to participate in all the following reforms – 1970, 1980, 2012 – for the private sector, which have been framed in the political agreement that has governed the system of the country for 88 years and has given us labour stability. The first federal labour law originated the economic growth of Mexico, but with protective and protectionist legislation, guaranteeing labour rights and based on the division of the two parts of the labour relationship – capital and labour. 

Throughout this time there were periods of violence and confrontation, but the economy continued to grow, and the conflicts were always overcome.

Now, with the changes derived from the constitutional reform of 2017 and the new rules of 2019, 2020 and 2021, the situation has been changing seriously; the economy has seen the worst drop in productive investment in the last 25 years and the labour market has suffered the greatest loss of formal jobs. Therefore, as a professional in the field, I am prepared to face the new challenges that will now affect those rules that had granted us a period of stability and that we already had to review, perhaps not so drastically, but in a legal adaptation of the labour market and in the regulation of future work.

What qualities make for an effective labour and employment lawyer?

Responsibility, perseverance, commitment and preparation. To generate legal solutions, which is the only indispensable requirement to be a lawyer.

In what ways has the labour and employment sector in Mexico been affected by covid-19?

The covid-19 crisis, throughout the world, initiated an economic crisis that generated a crisis in employment and in formal, ordinary and on-site work. It saw the implementation of all the measures that were already being studied in relation to the human work of the future; remote work, work under different rules to the previous rigid principles of subordination and command of the employer, the need for collective labour agreements through social dialogue, to solve unemployment caused by new technologies and the robotisation of production. 

The biggest problem in Mexico in these matters is the informal economy, which has seen an increase in the millions of Mexicans who are not contributing to their health, housing and retirement.

Why did you decide to set up your own firm?

It was a logical consequence of my professional development. I thought about fulfilling my professional goals and what better place than in my own law firm, which is now 40 years old and was one of the first in the field.

How do you see your practice developing over the next couple of years?

Truly very intense and full of challenges; my commitment to all the collaborators and clients of the firm is to continue being leaders in our field. If it was difficult to get here, it is even more difficult to stay at the professional level we have achieved together.

What aspect of your work do you find most satisfying?

Fulfilling commitments and complying with the objectives of the clients, collaborators and partners of the firm. Along with this, fulfilling the commitments of the professional representations that I undertake on behalf of Mexico.  

What advice would you give to younger practitioners hoping to one day be in your position?

To study, fulfil their commitments and be responsible.

Global Leader

Labour & Employment 2021

Professional Biography

WWL Ranking: Recommended

WWL says

Tomás H Natividad Sánchez comes highly recommended by sources who applaud his vast experience handling labour-related disputes.

Biography

For the past 40 years, Tomás Héctor Natividad Sánchez has been the founder and managing partner of Natividad Abogados, SC, a firm with operations throughout Mexico.

Tomás graduated from Escuela Libre de Derecho, holds a specialist degree in labour law from Panamerican University, has completed his PhD, and is in the process of being certified.

Tomás is a member of the labour committee and the board of directors of the Business Coordinating Council (CCE), where he was president for 17 years between 2002 and 2019. He is also president of the Mexican Society of Labour and Social Security Law and vice president of the International Society for North America, Panamá and the Dominican Republic.

Tomás has served as a negotiator for the private sector, namely in the reform processes of the Mexican Federal Labour Law, as well as in negotiation panels, forums and committees integrated for this purpose within the labour sector from 1987 until the reform of 2012. He has participated in the new reforms of the Constitution and the Mexican Federal Labour Law of 2017 and 2019.

Tomás is a member of the Technical Advisory Group on labour matters of the CCE related to the USMCA or T-MEC (International Treaty between the United States, Mexico and Canada). He is also a member of the Council of the National Commission of Minimum Wages for the business sector from 1980 to date where he was spokesman of the sector for 17 years. He has been director of the business sector for the third, fourth, fifth and sixth National Commissions for Workers’ Profit Sharing in 1985, 1996, 2009, 2019 and 2020 respectively.

Tomás is a member of the National In-house Lawyers Association (ANADE), Mexican Bar Association (MBA), International Bar Association (IBA), Law School Bar Association (Colegio de Abogados, AC), and Illustrious and National Bar Association of Mexico (INCAM).

Tomás is a lecturer and professor of labour issues for the business sector in specialised forums on business labour matters at national and international levels.

Pensions & Benefits 2021

Professional Biography

WWL Ranking: Recommended

WWL says

Tomás H Natividad Sánchez is a renowned practitioner in Mexico, applauded for his sweeping knowledge of pensions law.

Biography

For the past 40 years, Tomás Héctor Natividad Sánchez has been the founder and managing partner of Natividad Abogados, SC, a firm with operations throughout Mexico.

Tomás graduated from Escuela Libre de Derecho, holds a specialist degree in labour law from Panamerican University, has completed his PhD, and is in the process of being certified.

Tomás is a member of the labour committee and the board of directors of the Business Coordinating Council (CCE), where he was president for 17 years between 2002 and 2019. He is also president of the Mexican Society of Labour and Social Security Law and vice president of the International Society for North America, Panamá and the Dominican Republic.

Tomás has served as a negotiator for the private sector, namely in the reform processes of the Mexican Federal Labour Law, as well as in negotiation panels, forums and committees integrated for this purpose within the labour sector from 1987 until the reform of 2012. He has participated in the new reforms of the Constitution and the Mexican Federal Labour Law of 2017 and 2019.

Tomás is a member of the Technical Advisory Group on labour matters of the CCE related to the USMCA or T-MEC (International Treaty between the United States, Mexico and Canada). He is also a member of the Council of the National Commission of Minimum Wages for the business sector from 1980 to date where he was spokesman of the sector for 17 years. He has been director of the business sector for the third, fourth, fifth and sixth National Commissions for Workers’ Profit Sharing in 1985, 1996, 2009, 2019 and 2020 respectively.

Tomás is a member of the National In-house Lawyers Association (ANADE), Mexican Bar Association (MBA), International Bar Association (IBA), Law School Bar Association (Colegio de Abogados, AC), and Illustrious and National Bar Association of Mexico (INCAM).

Tomás is a lecturer and professor of labour issues for the business sector in specialised forums on business labour matters at national and international levels.

National Leader

Mexico - Labour & Employment

Professional Biography

WWL Ranking: Recommended

WWL says

Tomás Natividad Sánchez is heralded as an “excellent litigator and strategist” who is “very rounded” in his capabilities to handle a range of complex labour and employment issues.

Biography

For the past 40 years, Tomás Héctor Natividad Sánchez has been the founder and managing partner of Natividad Abogados, SC, a firm with operations throughout Mexico.

Tomás graduated from Escuela Libre de Derecho, holds a specialist degree in labour law from the Panamerican University, has completed his PhD, and is in the process of being certified.

Tomás is a member of the labour committee and the board of directors of the Business Coordinating Council (CCE), where he was president for 17 years between 2002 and 2019. He is also president of the Mexican Society of Labour and Social Security Law and vice president of the International Society for North America, Panama and the Dominican Republic.

Tomás has served as a negotiator for the private sector, namely in the reform processes of the Mexican Federal Labour Law, as well as in negotiation panels, forums and committees integrated for this purpose within the labour sector from 1987 until the reform of 2012. He has participated in the new reforms of the Constitution and Mexican Federal Labour Law of 2017 and 2019.

Tomás is a member of the Technical Advisory Group on labour matters of the CCE related to the USMCA or T–MEC (International Treaty between the United States, Mexico and Canada). He is also a member of the Council of the National Commission of Minimum Wages for the business sector from 1980 to date where he was the spokesman of the sector for 17 years. He has been director of the business sector for the third, fourth, fifth and sixth National Commissions for Workers' Profit Sharing in 1985, 1996, 2009, 2019 and 2020 respectively.

Tomás is a member of the National In-house Lawyers Association (ANADE), Mexican Bar Association (BMA), International Bar Association (IBA), Law School Bar Association (Colegio de Abogados, AC), and Illustrious and National Bar Association of Mexico (INCAM).

Tomás is a lecturer and professor of labour issues for the business sector in specialised forums on business labour matters at national and international levels.
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