US and UK legislations have mature and evolving whistleblowing bylaws that deal with a term that is completely non-existing in social engagements or legislation in Mexico. Whistleblowing constitutes the perfect example of how a legal and cultural convention can be completely unalike even in neighboring countries and thereafter, highlights the importance of why international advisors must identify, and classify cultural differences easily through the eyes of differing legislative and social principles. Navigating disparities as subtle as these is actually the cornerstone of international consulting and compliance in the international consulting business. 

Per legal and cultural systems like in the UK and the USA, whistleblowers are considered important in exposing corruption, workplace issues, mismanagement and possibly fraud. some have led to believe that whistleblowing even encourages the rule of law and the protection of human rights. Public and corporate education in both countries work toward de-stigmatizing whistleblowing whilst promoting that disclosing wrongdoings in the workplace is a public benefit and is in every one’s best interest. In the USA for example, both at the state and federal levels many whistleblower statutes have been enacted mainly to protect employees from retaliation or termination upon disclosing information. 

As was mentioned, cultural reality and Mexican law don’t even fathom the concept of whistleblowing. A crucial distinction between systems that affects how this may be perceived is that the absence of employment at will is an objective protection in terms of minimal statutory severance and benefits for all employees, regardless of “why” a termination occurs. Thus, it is unnecessary to protect from retaliation or termination due to whistleblowing. Furthermore, if any employee can prove that there are enough grounds to maintain that employer incurred in wrongdoings, offenses or transgressions then employment may be rightfully terminated with at least a three-month severance package, this however is an individual prerogative and may only be exercised by the interested party which will have to appear before the labor authorities and will have no effect on the rest of the population. 

Anti-corruption, mismanagement and compliance with statutory rights and employee benefits is in the best interest of all employers and should be the focal point of any serious labor and employment consulting. The most important part of having employees anywhere in the world is not necessarily the existence of good income packages (not to say that it doesn’t matter because it is a logical implication) but a stable and worthy labor climate which creates a propensity for productivity, respect, transparency and order. Labor and employment trends worldwide, especially in Mexico are moving towards workspaces where mutual respect, productivity and compliance are key. Collective bargaining, a healthy unionized environment (not heavy unionized environment) and other beneficial legal and social practices pave the way for longevity in labor relations and growth in economical mutual benefits.

We believe that the rule of law, anti-corruption and the protection of human rights starts internally in “how” any given employer regards and treats employees. It is not our belief that the absence of whistleblowing creates an opportunity for fraud or corruption in the workplace, quite the contrary… if any given employer is concerned enough to comply with minimal legal benefits and create adequate working spaces and conditions, it has been proven that investing in training and respect in the workplace is the best solution to external problems and contingencies. Much like Gandhi’s rule, prevention and success in the workplace starts within. 

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Bufete Díaz Mirón

Juan José Díaz Mirón.