Below, the Interagency Labor Committee for Monitoring and Enforcement, an inter-agency Committee of the United States Government, provides answers to some frequently asked questions regarding both (a) the web-based tip hotline for labor issues among USMCA countries, and (b) USMCA Petitions: Rapid Response Petitions, and Labor Chapter Petitions.
- Section A answers questions about the Web-based Hotline for labor issues in USMCA countries.
- Section B answers questions about USMCA Petitions: Rapid Response Petitions, and Labor Chapter Petitions.
There is also a Spanish version of these Questions and Answers.
Section A: U.S. Web-based Hotline for Labor Issues in USMCA countries
- What is the U.S. Web-Based Hotline for Labor Issues in USMCA countries?
This is a confidential web-based tip hotline to receive information regarding labor issues in Canada and Mexico. All tips submitted through the hotline are carefully reviewed by U.S. government labor experts.
If you provide contact information when submitting a tip, an expert may follow up with you to learn more about the situation you reported.
The hotline is available at: https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca/hotline.
- What kind of issues should the hotline be used for?
The hotline should be used for reporting information about labor issues occurring in Mexico and Canada. We are most interested in issues regarding labor rights that are covered by the USMCA—in particular, freedom of association and collective bargaining (rights related to forming and joining unions, and negotiating collectively), forced labor, child labor, employment discrimination, minimum wages, hours of work, and occupational safety and health.
If you have information about labor issues in the United States that you would like to bring to the attention of U.S. enforcement authorities, please see worker.gov [hyperlink], the Department of Labor’s compliance assistance website, for information about labor and employment laws enforced by various federal agencies.
- Can I submit attachments through the hotline?
Yes. You may submit up to three attachments with your tip. Providing information relevant to a tip can help us effectively process the tip. To submit attachments with your tip, please use the “Choose Files” button in section 3 of the hotline webpage. The maximum allowable file size is 25MB per file, and the total combined file size cannot exceed 30MB. To be uploaded with a tip, your file must have one of the following extensions: doc, docx, pdf, txt, csv, xls, xlsx, ppt, pptx, bmp, gif, ico, jpeg, jpg, png, svg, tiff, tif, mp3, ogg, wav, wma, avi, m4v, mov, mp4, mpg, mpeg, wmv, or xml. If you would like to submit more than three attachments or to submit larger files, please note this in the body of your message and provide your contact information.
- Can I submit a USMCA Rapid Response or Labor Chapter Petition through the hotline?
No. A petition may be submitted only through one of the following ways:
- Via e-mail to USMCA-petitions@dol.gov
- By mail or hand-delivery to the Office of Trade and Labor Affairs, Bureau of International Labor Affairs, U.S. Department of Labor, 200 Constitution Avenue NW, Room S-5315, Washington, DC 20210
For additional information about how to file a petition, please see the FAQ’s on USMCA Rapid Response and Labor Chapter Petitions. You may also contact the U.S. Department of Labor at +1-202-693-4444 or for individuals in Mexico, for free locally at +52-800-202-8632 (or +52-800-202-TMEC). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the Federal Information Relay Service at 1-877-889-5627. Callers will be asked to provide information through a recorded message.
If you are considering submitting a petition, we encourage you to contact our staff by phone or via the web-based hotline first. A dedicated team is available to provide you with guidance, including advising on forms of documentation that could be most useful for us to receive.
5. Can I use the hotline to report labor issues that occurred in the United States?
No. The USMCA web-based hotline was not established as a mechanism to receive complaints regarding issues occurring in the United States. If you have information about labor issues in the United States that you would like to bring to the attention of U.S. enforcement authorities, please see worker.gov, the Department of Labor’s compliance assistance website, for information about labor and employment laws enforced by various federal agencies.
- Can I use the hotline to ask questions about issues other than labor, such as visas or requirements for shipping goods between USMCA countries?
No. The hotline is designed to receive information regarding labor issues in Canada or Mexico. Questions about other issues, such as visas or requirements to export or import products under the USMCA should be directed to the appropriate U.S. government agency (e.g., Department of Commerce, Department of State, or the Office of the U.S. Trade Representative).
- When will I hear back about information submitted through the hotline?
At the time that you submit a tip, you will receive an automatically generated response confirming that we have received your hotline information. Hotline information will be carefully reviewed, and you may be contacted if additional information is necessary. We encourage you to include your name, e-mail address, and phone number along with the information you provide in case it is necessary to follow up with you directly.
- Will information submitted through the hotline be confidential?
Identifying information provided through the hotline, including your name if you choose to provide it, will be treated as confidential information to the maximum extent possible under United States law, unless you state that the information does not need to be treated in this manner. This means we will not disclose your identity unless we are required to under the law and we would let you know first before doing so. If you have any questions regarding the confidentiality of your information please contact USMCA_hotline@dol.gov.
Section B: USMCA Petitions: Rapid Response Petition, and Labor Chapter Petition
- What is a petition?
A petition is a written statement submitted to the Interagency Labor Committee for Monitoring and Enforcement of the United States government requesting formal review of a labor-related matter (please see Question 3 for instructions on how to submit a petition). There are two types of petitions related to labor rights under the USMCA.
The first type of petition relates only to Mexico and is referred to as a Rapid Response Petition. It alleges that workers at a specific workplace are being denied their rights of free association and collective bargaining (the right to, for example, organize a union, join a union, campaign for a union, or approve or reject a collective bargaining agreement) under relevant Mexican laws. That type of petition is limited to certain kinds of workplaces in certain industries (see Question 4 for more information) and the enforcement mechanism is the Rapid Response Labor Mechanism, as outlined in Annex 31-A to the USMCA Dispute Settlement Chapter (Facility-Specific Rapid Response Labor Mechanism). Please see Question 4 below for more information.
The second type of petition alleges either Mexico or Canada is failing to comply with its labor obligations under the USMCA Labor Chapter (Chapter 23). That kind of petition is referred to as a Labor Chapter Petition. Please see Question 5 below for more information.
- Who can submit a petition?
Any person or organization of the United States, Mexico, or Canada may submit a petition, including individuals, labor organizations, companies, and non-governmental organizations.
- How do I submit a petition?
You may submit a petition by one of the following methods:
- Via e-mail to USMCA-petitions@dol.gov
- By mail or hand-delivery to the Office of Trade and Labor Affairs, Bureau of International Labor Affairs, U.S. Department of Labor, 200 Constitution Ave. NW, Room S-5315, Washington, DC 20210
Petitions must be in writing, either in English or Spanish, and may be submitted with accompanying information supporting the allegations. We strongly prefer Petitions and accompanying information be provided electronically and in searchable formats (e.g., Word, PDF). Please see Question 10 for more information regarding submitting information supporting a petition.
The USMCA Procedural Guidelines for the receipt and review of petitions and information, located at X, set forth the procedures for the receipt and review of petitions and information.
If you are considering submitting a petition, or if you have questions about how to submit a petition, you are encouraged to contact our staff through the hotline at https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca/hotline, call +1-202-693-4444, or from Mexico, call locally +52-800-202-8632 (or +52-800-202-TMEC) for free. Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the Federal Information Relay Service at +1-877-889-5627.
You should not try to submit a petition through the hotline, and information submitted through the hotline will not be treated as a petition. For information about the hotline see Section A above.
A Rapid Response Petition alleges that workers in Mexico are being denied the rights to free association and collective bargaining under Mexican law. This is referred to as a “denial of rights.” A Rapid Response Petition asserts that this denial of rights is happening at a certain kind of workplace. Such a workplace is one that:
- Produces manufactured goods,
- Supplies services, including but not limited to call centers; or
- Involves mining.
The sectors above are referred to as “priority sectors.”
Additionally, the workplace must involve international trade in the following way:
- The workplace produces a good, or supplies a service, traded between the United States and Mexico; or
- The workplace produces a good or supplies a service that competes in the territory of the United States or Mexico with a good or a service of the United States.
A workplace that is in a priority sector and involves international trade, as discussed above, is referred to as a “covered facility.” If you have questions about whether a particular workplace is a covered facility, you are encouraged to contact the hotline, which is available at https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca/hotline.
- What is a Labor Chapter Petition?
A Labor Chapter Petition asserts a failure by the Government of Mexico or the Government of Canada to comply with its obligations under the USMCA Labor Chapter (Chapter 23). Some of these obligations include:
- adopting and maintaining in its statutes, regulations, and practices certain labor rights (see below);
- not failing to effectively enforce its labor laws through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the Parties;
- not waiving or derogating from certain labor-related statutes and regulations in a manner affecting trade or investment between the Parties; and
- not failing to address violence or threats of violence against workers directly related to exercising or attempting to exercise certain labor rights in a manner affecting trade or investment between the Parties.
The labor rights covered by the Labor Chapter are:
- Freedom of association and collective bargaining
- Elimination of all forms of forced or compulsory labor
- Effective abolition of child labor and a prohibition on the worst forms of child labor
- Elimination of discrimination in respect of employment and occupation
- Minimum wage, and other wage-related benefits required by law
- Hours of work
- Occupational safety and health
If you have questions about the issues covered by a labor chapter petition, you are encouraged to contact the hotline, which is available at https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca/hotline, by phone at +1-202-693-4444, or in Mexico local call +52 800 202 8632 (or +52 800 202 TMEC) for free.
Yes. You can file a Rapid Response Petition alleging a denial of the right of free association and collective bargaining under Mexican law to workers at a covered facility in Mexico and a Labor Chapter Petition alleging a failure by Mexico to comply with one or more of its obligations under the USMCA Labor Chapter at the same time. Please see the questions below about the requirements and timelines for both types of petitions.
If you are considering submitting a petition we encourage you to contact our staff through the hotline to discuss the situation prior to doing so. This is the address for the hotline: https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca/hotline. You can also call +1-202-693-4444, or call the Mexico local number at +52-800-202-8632 (or +52-800-202-TMEC) for free.
No. The Rapid Response Mechanism does not allow the United States to take action regarding a situation that does not meet the standard in Annex 31-A, as described in Questions 1 and 4.
However, if you have information about a denial of the rights of free association and collective bargaining that is occurring outside of a covered facility (as outlined under Question 4), you can report the situation to the United States through the hotline (https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca/hotline). You can also use the hotline if you have questions or are unsure about whether the issues you are describing are occurring at a covered facility.
A Rapid Response Petition must:
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- identify the covered facility;
- provide a description of the issue alleged to constitute a denial of rights; and
- contain an e-mail or telephone number at which the person filing the petition may be reached. Please see Question 12 for more information.
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We recommend that a Rapid Response Petition explain:
- whether the facility to which the petition pertains is a covered facility (including by identifying what the facility produces or what service they provide) (see Question 4); and
- which Mexican laws, and which specific provisions in the law, allegedly have been violated.
The United States reviews all petitions thoroughly, regardless of whether the recommended information is provided. Please see Question 10 regarding information that would be helpful to include in a petition.
If you are considering submitting a petition, or if you have questions about how to submit a petition, we encourage you to contact our staff through the hotline at https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca/hotline, call +1-202-693-4444, or call the Mexico local number at +52-800-202-8632 (or +52-800-202-TMEC)) for free.
- What information should I include in my Labor Chapter Petition?
A Labor Chapter Petition must:
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- identify the other USMCA Party alleged to be out of compliance with an obligation under the Labor Chapter;
- provide reasons, including facts with sufficient specificity, supporting the petitioner’s allegation that the other Party is out of compliance; and
- contain an e-mail or telephone number at which the person filing the petition may be reached. Please see Question 12 below for more information.
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We recommend that a Labor Chapter Petition explain:
- the particular obligation in the Labor Chapter that the government has violated (i.e., which article or articles of the Labor Chapter have been violated);
- whether the alleged violation has caused harm to you or other persons;
- if the petition alleges that the government failed to enforce its labor laws then it is recommended you describe how the failure to enforce has been ongoing and/or consistent over a period of time and how instances of failure to enforce are similar in nature; and
- whether the matter referenced in the petition occurred in a manner affecting trade or investment.
If you are considering submitting a petition, or if you have questions about how to submit a petition, we encourage you to contact our staff through the hotline at https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca/hotline, call +1-202-693-4444, or call the Mexico local toll-free number at +52-800-202-8632 (or +52-800-202-TMEC).
- What information is helpful to include with a petition?
Though not required, it is helpful to include documentation that can serve as evidence and that supports your allegations. This can be submitted as accompanying information to the petition. Depending upon the allegations in a petition, evidence may include:
- employment documents such as paystubs
- warning and dismissal notices
- documents issued by government entities such as inspection reports
- documents from judicial processes (including court decisions and workers’ complaints)
- union recognition documents
- documents requesting assistance or action from domestic bodies (administrative or judicial) or employers, including responses
- worker statements or statements from other individuals with relevant information, including contact information for those individuals where possible
- collective bargaining agreements
- union bylaws; lists of affiliates
- leadership rosters; and union affiliation and disaffiliation forms
- flyers, leaflets, brochures or other informational materials
- requests to bargain with an employer and responses
Evidence may also include audio and video recordings or photos of relevant events or other items. When submitting evidence, explanations of what you are submitting can assist us in processing the information. For example, when submitting photos, audios, or videos, it is very helpful to include a description of events, indicating who is in the audio, photo, or video and where the events are taking place, if it is not clear from the audio, photo or video. It is also helpful for petitions to include specific facts that support the allegations, such as dates of alleged events, detailed descriptions of events, and any action following the events.
The United States reviews all petitions thoroughly, regardless of whether the recommended information is provided.
If you are considering submitting a petition, or if you have questions about how to submit a petition, we encourage you to contact our staff through the hotline at https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca/hotline, call +1-202-693-4444, or call the Mexico local number at +52-800-202-8632 (or +52-800-202-TMEC) for free.
- How does the United States decide whether it will take action on a petition?
For a Rapid Response Petition, the United States determines whether there is “sufficient, credible evidence” of a denial of the rights of free association and collective bargaining at a certain type of workplace (a “covered facility” – see Question 4 for more information). For a Labor Chapter Petition, the United States determines whether there is “sufficient, credible evidence” that the other Party (either Canada or Mexico) is not in compliance with its obligations. Those are the standards from the USMCA Implementation Legislation.
The United States is required to review petitions quickly and must make determinations within 30 calendar days for Rapid Response Petitions and 20 calendar days for Labor Chapter Petitions. Providing as much evidence as possible at the time the petition is filed to support your allegations will facilitate the review. Please see Question 10 on evidence that is helpful. We encourage you to contact us through the USMCA Hotline or call +1-202-693-4444, or the Mexico local number at +52 800 202 8632 (TMEC) for free if you are interested in speaking with us about what information and documents to include with a petition. The web address for the hotline is: https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca/hotline.
You may submit a petition anonymously, without telling us your name, or you may provide your name and ask that we keep your name and other information that could reveal your identity or the identity of other individuals referenced in the petition confidential. However, a petitioner must provide an e-mail address or telephone number by which the petitioner can be contacted.
If you request confidentiality, we will make every effort to protect your identity, unless the law requires us to disclose it. If you would like to keep your or other people’s identity confidential, we suggest you give us a short explanation for the reason why. In other words, please tell us what harm you think will occur if your identity or other peoples’ identities are revealed.
If you have questions about the submission of confidential information, we encourage you to contact us through the hotline, which is available at https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca/hotline, call +1-202-693-4444, or the Mexico local number for free at +52-800-202-8632 (or +52-800-202-TMEC).
For either a Rapid Response Petition or a Labor Chapter Petition, the United States government will confirm receipt of the petition and may contact the submitter to gather additional information during the review period. Although a petition may be submitted anonymously, petitioners must provide contact information, either an e-mail address or a telephone number, so that the United States can inform the petitioner about the disposition of a petition and request additional information, if needed.
Rapid Response Petitions are reviewed within 30 calendar days of their receipt to determine whether the petition warrants asking Mexico to review the situation.
Labor Chapter Petitions are reviewed within 20 calendar days of their receipt to determine whether further review is warranted. If the Committee determines further review is warranted, it will undertake that further review with a focus on determining, not later than 60 calendar days from the date the petition was submitted, whether there is sufficient credible evidence that the USMCA country is in violation of its labor obligations for purposes of initiating enforcement action.
The United States will provide a timely response to the petitioner following a review.
- What happens after the Committee makes a determination on my petition?
For Rapid Response Petitions:
If the Committee determines that there is sufficient credible evidence of a denial of rights enabling the good faith invocation of enforcement mechanisms, the first step is for the U.S. Trade Representative to ask Mexico to review the situation. The Committee will inform the petitioner of its determination.
If the U.S. Trade Representative requests review of the situation, and Mexico agrees to review, Mexico has 45 calendar days to review and submit a report to the United States. If Mexico decides that there has been a denial of free association and collective bargaining rights under relevant Mexican law, Mexico and the United States will have 10 calendar days to try to agree on a plan to address the situation. Then Mexico will carry out the plan within the agreed upon timeframe. If Mexico and the United States agree that the plan has been successfully concluded, no further action is taken at that time.
If Mexico does not agree to carry out a review or does not find a denial of rights, or if Mexico and the United States cannot agree on a plan to address the denial of rights found by the United States, the U.S. Trade Representative may proceed to formal dispute settlement, where a panel will determine whether there was a denial of rights. If the panel finds a denial of rights, or that a plan was not complied with, the United States may take away some or all trade benefits for goods coming into the United States from the particular workplace.
For Labor Chapter Petitions:
If the Committee determines that there is sufficient credible evidence that Mexico or Canada is not in compliance with its obligations under the Labor Chapter for purposes of initiating enforcement action under Chapter 23 or Chapter 31 of the USMCA, the U.S. Trade Representative will decide whether to initiate appropriate enforcement action within 60 calendar days. The Committee will let the petitioner know the result of the review of its petition.
- I’m not sure I am ready to submit a petition. Is there someone I can speak with?
Yes. You may contact the United States through the hotline and let us know you would like to speak with someone about possibly filing a petition. The web address for the hotline is https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca/hotline, or you can call +1-202-693-4444, or the Mexico local number at +52-800-202-8632 (or +52-800-202-TMEC) for free.
Every situation is different. Our experts would be delighted to speak with you, including about the information that would be relevant to submit in connection with your particular situation.
