§ 4.4 U.s. Obligations Under the United States-mexico-canada Agreement

• Library: Rights of Foreign Nationals (OSBar) (2020 Ed.)

§ 4.4 U.S. OBLIGATIONS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT

The United States-Mexico-Canada Agreement (USMCA) took effect on July 1, 2020. See Office of the U.S. Trade Representative, Agreement between the United States of America, the United Mexican States, and Canada, < https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/agreement-between >. The labor provisions of the agreement are very similar to those of the North American Free Trade Agreement (NAFTA), which it replaces. Chapter 23 of the USMCA contains the labor provisions, including the following:

2. Each Party shall ensure that a person with a recognized interest under its law in a particular matter has appropriate access to tribunals for the enforcement of its labor laws. These tribunals may include administrative tribunals, quasi-judicial tribunals, judicial tribunals, or labor tribunals, as provided for in each Party's law.

3. Each Party shall ensure that proceedings before these tribunals for the enforcement of its labor laws:

(a) are fair, equitable, and transparent;
(b) comply with due process of law;
(c) do not

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