TECLAB - Towards Effective Courts and Coordinated Labour Justice

Client:

Due to the mexican labor courts need to further the implementation of the new model of labor justice. The U.S. Department of Labor and the mexican state level judiciaries are collaborating in a project to reinforce the implementation of Mexico's labor reform, which represents a comprehensive transformation of the labor justice system. This reform aims to address significant deficiencies such as bottlenecks, corruption, poor management, and limited access to justice. Aligned with international commitments under the USMCA and the International Labor Organization (ILO), the reform faces substantial resistance and poor state capacity. Therefore, it necessitates significant capacity building, technological advancements, and accountability mechanisms to succeed. The old system's inefficiencies, low judicial salaries, and the exploitation of backlog cases for bribery underscore the urgent need for a reformed, efficient adjudication process.

Problem:

The major challenge lies in overcoming the high resistance to reform and the limited state capacity to implement new procedures effectively. The existing labor courts, integrated into the state judiciary, suffer from procedural bottlenecks, low notification rates, poor enforcement of judgments, and corruption, leading to prolonged lawsuits. Additionally, the reform's success hinges on creating a cohesive network of labor courts and authorities to share information and best practices, which is currently lacking. These issues collectively hinder the efficient adjudication of labor cases, necessitating a multifaceted approach to address them comprehensively.

Solution:

The project aims to strengthen local labor courts by focusing on the professionalization of court operators, the development of technological systems, and the creation of robust networks across labor courts and relevant authorities. The labor courts will be integrated within the existing state judiciary structure, with coordination from the presidency of each state judiciary and potential involvement of the Comisión Nacional de Tribunales Superiores de Justicia de los Estados Unidos Mexicanos. The project will enhance the labor courts' capacity for effective and equitable case adjudication, foster connections with federal and state labor authorities, and address the reform's transitional goals. Furthermore, the project will include a public-facing communication strategy, providing an open data interface for transparency and developing audiovisual materials to educate court users and the public on navigating the reformed labor system.

Digital Platform for Regulatory Burden Reduction for the Government of Ontario

Client: The Ministry of Red Tape Reduction collaborates with government ministries to foster the adoption of modern regulatory practices and achieve burden reduction targets mandated by the Modernizing Ontario for People and Businesses Act, 2020 (MOPBA). It creates comprehensive policies and strategies aimed at reducing the regulatory burden on Ontario businesses through initiatives in regulatory innovation, compliance modernization, and reform.

Problem: The province was facing large-scale red tape issues, ensuring regulatory modernization in ministry policy proposals, and enhancing inspection services. However, current data collection and reporting processes are fragmented and rely on non-integrated systems, highlighting the need for automation and interoperability to streamline critical business processes and eliminate redundant manual tasks.

Ergo´s solution: The Solution will facilitate the online creation and management of Instrument records, whether drafting, amending, or revoking, by capturing Ministry User information and contact details and defining lifecycle stages. It will enable tracking and reporting on Instrument statuses and timelines, supporting KPI and service delivery requirements. Additionally, the Solution includes an online portal for submitting Regulatory Impact Analysis (RIA) information for all Instrument types, featuring comprehensive forms to gather necessary data for review and reporting. The RIA submissions will also capture detailed Ministry User information, ensuring thorough regulatory analysis and impact assessment.

Competitive Municipalities Project: Smart Regulation/Business Engagement

Duration: 2020

Client: USAID

Problem: The Competitive Municipalities Project addresses the need to improve the municipal regulatory framework and business participation and compliance in 15 municipalities across seven states in Mexico. The problems include inefficient regulatory design and implementation practices by local governments and insufficient private sector participation in regulatory compliance.

Solution: The project proposes several interventions to address these problems. First, the "Model Regulation for Municipal Regulatory Improvement" was developed and has already been adopted by several municipalities. This regulation aims to align municipal practices with the General Law of Regulatory Improvement, thereby improving the local regulatory framework.

Additionally, a "Municipal Regulatory Impact Analysis (RIA) Operating Manual" was created, providing a comprehensive guide to ensure that the benefits of new regulations outweigh the costs. This manual is fundamental for efficient and effective regulatory design.

Another important intervention is the implementation of a "Regulatory Reengineering Methodology" that promotes the simplification and transparency of municipal regulations. This methodology seeks to make regulatory processes more efficient, reducing the administrative burden on both local governments and businesses.

The project also includes the design of a "New Municipal Inspections Model" based on risk criteria. This new model aims to make inspections more effective and focused on higher-risk areas, thus improving regulatory compliance.

Finally, technical assistance has been provided for the integration of municipal catalogs into CNARTyS, optimizing the available technological structure. This integration allows for better management and access to regulatory information, facilitating compliance by businesses.

Additionally, technical assistance and training have been provided to municipal officials and representatives of small and medium-sized enterprises and business chambers. This has been crucial in promoting the improvement of regulatory practices and compliance by the private sector.

Optimization of Information Exchange in Nuevo León

Duration: 2021

Client: Chemonics International, Inc.

Problem: The ERGO project identified several significant issues in the information exchange system between the analysis units, the Attorney General’s Office of Nuevo León (FGNL), and the Unit of Precautionary Measures and Supervision (UMECA). Inconsistencies were found in the documentation of processes, suggesting potential deficiencies in how they were conducted and recorded. Additionally, there was a lack of systematization in the information exchange and a need to optimize the existing mechanisms. Furthermore, the absence of formal protocols to guide these information exchanges was observed, causing difficulties in the organization and formalization of these processes.

ERGO’s Solution: The ERGO project revolutionized the mechanisms of information exchange between the analysis units, the FGNL, and the UMECA. It conducted a thorough analysis of the process documentation with key stakeholders, identifying areas for improvement and proposing modifications to optimize these processes. As a result, innovative protocols were created that not only organize and formalize the information exchange but also enhance its efficiency and effectiveness.

Study of the Regulatory Excellence Program

Duration: November 2022 – March 2023

Client: Treasury Board of Canada Secretariat, Regulatory Affairs Sector

Problem: The federal government's Regulatory Affairs Sector faced challenges in ensuring that the objectives of its regulatory policy were aligned with a future IT system, built in phases as a business solution. At that time, the Regulatory Oversight database was crucial for meeting the requirements of the Red Tape Reduction Act, providing an evidence base for annual reports, conducting research, responding to regulatory system inquiries, and supporting the challenge function to track the history of a regulatory proposal. However, this database needed to be updated to accommodate the sector's growing mandates and digitization initiatives, leading to the need for a scoping exercise to enhance the legislative and regulatory lifecycle with new intelligent regulation tools.

Ergo’s Solution: The Ergo Group was tasked with managing the scoping exercise to determine how existing initiatives and data could be linked to create a mapping of the regulatory process, including collaboration with partners throughout the process. The team conducted introductory meetings, established shared policy-oriented goals, inventoried and analyzed current regulatory systems and IT processes, developed high-level process maps, and drafted preliminary and final reports. The proposed approach focused on correctly identifying the main objectives of the regulatory accountability program, understanding the program's operating environment from legal, organizational, and technical perspectives, and learning from international best practices. The goal was to define a clear and flexible conceptual vision and work plan for a renewed program that would enhance implementation efficiently, effectively, and sustainably, encompassing the entire lifecycle of legislation and regulations from creation to final implementation.