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Plantations Convention, 1958 (No. 110) - Mexico (RATIFICATION: 1960)

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
The Committee notes the observations of the Confederation of Employers of the Mexican Republic (COPARMEX) forwarded by the Government in its 2019 report. The Committee also notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), forwarded by the Government in its supplementary report, received on 21 September 2020.
Impact of the COVID-19 pandemic. The Committee notes the information provided by the Government in its supplementary report on the measures adopted with a view to mitigating the effects of the pandemic on the living and working conditions of plantation workers. Among other measures, the Government refers to the development of the “Guide for action against COVID-19 in agricultural workplaces” by the Ministry of Labour and Social Welfare (STPS), in coordination with the Ministry of Health. The Government indicates that the guide provides distribution materials and a number of practical recommendations for planning, training, prevention, protection and surveillance in agricultural workplaces in response to the pandemic, taking into account the legislative framework on safety and health, both in general and specifically within the agricultural sector. The Government also refers to the provision of financial support to workers in the agricultural sector, including agricultural day labourers, including through the establishment of a public trust called the Sonora Revolving Fund to provide funding and subsidies to, among other workers, agricultural day labourers, and the adoption of the “Emerging support plan for Zacatecan farmers in response to COVID-19”, which includes the provision of food, funding and credit to over 80,000 workers and farmers in Zacatecas. On 26 May 2020, the State Programme of Support for Agricultural Day Labourers and Their Families was adopted, which provides for the continuous supervision of the conditions of work of agricultural day labourers on farms in Michoacán, with a view to verifying compliance with the labour legislation relating to the non-recruitment of children, health facilities and the provision of proper equipment for carrying out the work. The Committee invites the Government to provide detailed information in its next report on the impact of the pandemic on the application of the Convention, including on the measures adopted or envisaged to ensure decent working and living conditions for all plantation workers.
Articles 24 to 35 of the Convention. Wages. In its previous comments, the Committee referred to its direct request of 2012 regarding the application of the Minimum Wage Fixing Convention, 1970 (No. 131), in which it recalled that the fundamental objective of minimum wage fixing must be to provide workers with decent wages with which they can meet their own basic needs and those of their family. In this respect, the Committee requested the Government to examine, in consultation with the social partners, all measures suitable for protecting the purchasing power of the minimum wage in relation to the basic basket of essential goods. The Committee notes with interest the inclusion of section 280bis in the General Labour Act of 1 May 2019, which provides that the National Minimum Wage Committee (CONASAMI) shall fix the minimum occupational wages of farm workers, taking into account, among other factors, the nature, quantity and quality of the work, the physical wear and tear caused by the conditions of work, and the wages and benefits received by the workers in establishments and enterprises engaged in the production of agricultural goods. The Government indicates that in 2020, the CONASAMI began work on formulating the minimum wage proposal for agricultural day labourers, during which it consulted various groups of day labourers. The Committee also notes the adoption in December 2018 of the Decision of the Council of Representatives of CONASAMI, which fixed the countrywide minimum wage applicable from 1 January 2019 at 102,68 pesos a day (approximately USD 5), and 176,72 pesos a day (USD 8) in the Northern Border Free Zone (ZLFN). The Government adds that CONASAMI took into account the initiatives and proposals of employers and workers when fixing the wage. As a result, in 2019 the minimum wage for the first time reached the level of the urban income poverty line (UIPL) calculated by the CONASAMI, thereby guaranteeing that workers receive a minimum wage that allows them to purchase the basic basket of goods. In addition, the Government indicates that in 2020, the minimum wage rose to 123,22 pesos a day (USD 6) and to 185,56 pesos a day (USD 9) in the ZLFN. The Government indicates that this rise continues the trend of increasing the minimum wage with the goal of it being sufficient to support workers and their families. However, the Committee notes the concern expressed by the United Nations Working Group on the issue of human rights and transnational corporations and other business enterprises in its report of 27 April 2017, with regard to the dramatic situation of day labourers and farm workers working on large plantations in Mexico, borne out by the official statistics indicating that out of a total of 2.42 million day labourers and farm workers (making up 44 per cent of the total agricultural workforce), more than 800,000 (34 per cent) receive no remuneration, while another 750,000 (31 per cent) only earn up to the minimum wage (A/HRC/35732/Add.2, 27 April 2017, para. 68). The Committee requests the Government to provide information on any developments regarding the minimum occupational wage fixing of farm workers by CONASAMI, and of the manner in which representatives of the relevant employers’ and workers’ organizations were consulted in this regard. In addition, the Committee requests the Government to provide information on the manner in which it is ensured that plantation workers receive the established minimum wage, including the number and outcomes of inspections conducted with respect to the payment of the minimum wage on plantations.
Articles 71 to 84. Labour inspection. In its previous comments, the Committee noted that child labour on plantations continued to be a problem in the country, and therefore requested the Government to provide information on the impact of the measures adopted with regard to child labour on plantations. The Committee welcomes the Government’s indication that, under the amendments made to the Federal Labour Act in June 2015, the minimum age for work was raised from 14 to 15 years of age and agricultural activities were classified as hazardous, thereby prohibiting them for persons under 18 years of age. The Committee also notes the statistical data provided by the Government for the 2013–17 period. In particular, the Government indicates that, according to the data of the child labour module, the rate of prohibited work fell from 4.6 to 3.6 per cent for work under the permitted age and from 18.7 per cent to 18.2 per cent for hazardous work. The Committee also notes the various policies and initiatives implemented by the Government with a view to eradicating child labour in the country. The Government refers to, among other measures, the “Agricultural Enterprise Free of Child Labour Label” implemented by the STPS, which publicly recognizes agricultural enterprises that adopt child protection and care policies through measures to ensure the full development of the children of day labourer families and eliminate the use of child labour, while promoting the protection of the families of farm workers. The Government reports that between 2013 and 2019, the STPS granted this label to 483 agricultural workplaces, which benefited 230,861 members of day labourer families. The Government also refers to the implementation in 2017 of the Child Labour Risk Identification Model by the STPS in coordination with the ILO and the Economic Commission for Latin America and the Caribbean (ECLAC). The Government indicates that in the framework of this project, contributing factors and levels of child labour in the country are identified with a view to formulating and implementing public policies. In addition, the Committee notes the statistical information provided by the Government on the number of inspections carried out in agricultural workplaces as part of the Annual Inspection Programme. In particular, the Government indicates that, between September 2016 and June 2017, 326 inspections were carried out, during which 62 underage workers between the ages of 16–18 were identified and 10,984 technical measures were ordered. However, the Committee notes the allegation of the CAT that, despite the above-mentioned inspection and monitoring, a high number of agricultural workers continue to experience substantial wage inequalities. In this regard, the CAT maintains that it is necessary to intensify enforcement by imposing effective penalties on employers that do not comply with their legally established obligations. Finally, the Committee notes that, in its report of 27 April 2017, the United Nations Working Group on the issue of human rights and transnational corporations and other business enterprises states that it was informed by the STPS of a protocol on the working conditions of agricultural workers that serves as a guide in labour inspections to verify that employers respect workers’ rights. In addition, in the report, the United Nations Working Group recommended that Mexico strengthen the capacity of labour inspectors to monitor compliance with labour standards, including the working conditions of agricultural day labourers (A/HRC/35/32/Add.2, paragraphs 69 and 108(j)). The Committee requests the Government to continue providing detailed and updated information on the various measures adopted with a view to eradicating child labour on plantations, and on the impact of these measures in practice. The Committee also requests the Government to continue providing statistical information on the labour inspections conducted on plantations, particularly on the number of inspections, the number and type of violations identified and the penalties imposed.
Articles 85 to 88. Housing. In its previous comments, the Committee requested the Government to provide information on any measure envisaged to lay down minimum standards and specifications for the accommodation of plantation workers. The Committee notes the amendment of section 283(II) of the Federal Labour Act of 4 May 2019, which added to the list of employers’ obligations the requirement to provide workers with adequate and sanitary accommodation free of charge, with drinking water and a hard floor. In this regard, the Committee recalls that Article 86(2) of the Convention provides that the minimum standards and specifications of the accommodation “shall include specifications concerning: (a) the construction materials to be used; (b) the minimum size of accommodation, its layout, ventilation, and floor and air space; (c) veranda space, cooking, washing, storage, water supply and sanitary facilities”. The Committee also notes the Government’s indication that, through the implementation of the inspection protocol regarding safety and health, capacity-building and training for agricultural workplaces, the Federal Labour Inspectorate ensures compliance with the minimum standards and specifications for the accommodation of plantation workers. In addition, the Government refers to the Programme for Agricultural Day Labourers (PAJA), which grants subsidies for the construction, repair, extension, furnishing and/or fitting of accommodation for agricultural day labourers. The Government adds that 82.8 million pesos were used for 165 infrastructure projects to support accommodation in the agricultural sector. The Committee once again requests the Government to adopt the necessary measures to lay down minimum standards and specifications for the accommodation of plantation workers, in accordance with Article 86 of the Convention. The Committee also requests the Government to indicate whether consultations have been held with the employers’ and workers’ organizations concerned in this regard, and to provide detailed and updated information on their content and outcome (Articles 85 and 86 of the Convention).
Application in practice. The Committee notes the Government’s indication that there are 2,330,305 agricultural day labourers, representing 4.2 per cent of the employed population and 6.1 per cent of the subordinate wage-earning population. The Government adds that 98.7 per cent of agricultural day labourers are in rural areas, and that 48.1 per cent are concentrated in the states of Veracruz, Michoacán, Mexico State, Puebla and Chiapas. The Committee requests the Government to provide detailed information on the application in practice of the Convention, including: (i) recent studies on the socio-economic conditions of plantation workers; (ii) statistical information, disaggregated by sex and age, on the number of holdings and workers covered by the Convention; (iii) a copy of the collective agreements applicable in the sector; and (iv) the number of workers’ and employers’ organizations in the plantation sector and any other information enabling the Committee to assess the situation of plantation workers with regard to the provisions of the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.
Repetition
Part IV (Wages), Articles 24–35. The Committee notes the Government’s indications that the minimum wage is universally applicable and in 2013 stood at between 61.38 and 64.76 pesos (MXN) (about US$5) per day for different geographical areas. The Committee requests the Government to refer to its comments made under Articles 1 and 3 of the Minimum Wage Fixing Convention, 1970 (No. 131).
Part XI (Labour inspection), Articles 71–84. The Committee notes the statistical information provided by the Government for the 2008–12 period. It notes in particular the sharp increase in the cases of work involving children under 14 years of age reported by the labour inspectorate (712 in 2012 compared to five cases in 2011 and 16 cases in 2010). The Committee also notes the Government’s indications that the programme for agricultural day labourers, launched by the Government in 1990, provides economic and food aid for children and promotes access to education. The Committee notes in particular that in 2012 more than 69,361 bursaries totalling more than MXN26 million (about US$2 million) were paid to 28,270 children. Noting that the employment of children on plantations remains widespread across the country, the Committee requests the Government to provide further information on the impact of initiatives relating to child labour on plantations and to indicate any additional measures contemplated in this regard.
Part XII (Housing), Articles 85–88. The Committee notes the Government’s reference to section 283 of the Federal Labour Act, as amended by the Decree of 30 November 2012, which obliges the employer in general terms to provide plantation workers with suitable accommodation according to the size of their families and the number of dependants, to keep the accommodation in good condition, and to provide workers with water and sanitary facilities during the working day. The Committee recalls once again that the Convention requires minimum standards and specifications for accommodation (e.g. construction materials to be used, minimum size of accommodation, layout) to be laid down. The Committee therefore requests the Government to keep the Office informed of any measures envisaged to lay down minimum standards and specifications relating to the accommodation of plantation workers.

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Part IV (Wages), Articles 24–35. The Committee notes the Government’s indications that the minimum wage is universally applicable and in 2013 stood at between 61.38 and 64.76 pesos (MXN) (about US$5) per day for different geographical areas. The Committee requests the Government to refer to its comments made under Articles 1 and 3 of the Minimum Wage Fixing Convention, 1970 (No. 131).
Part XI (Labour inspection), Articles 71–84. The Committee notes the statistical information provided by the Government for the 2008–12 period. It notes in particular the sharp increase in the cases of work involving children under 14 years of age reported by the labour inspectorate (712 in 2012 compared to five cases in 2011 and 16 cases in 2010). The Committee also notes the Government’s indications that the programme for agricultural day labourers, launched by the Government in 1990, provides economic and food aid for children and promotes access to education. The Committee notes in particular that in 2012 more than 69,361 bursaries totalling more than MXN26 million (about US$2 million) were paid to 28,270 children. Noting that the employment of children on plantations remains widespread across the country, the Committee requests the Government to provide further information on the impact of initiatives relating to child labour on plantations and to indicate any additional measures contemplated in this regard.
Part XII (Housing), Articles 85–88. The Committee notes the Government’s reference to section 283 of the Federal Labour Act, as amended by the Decree of 30 November 2012, which obliges the employer in general terms to provide plantation workers with suitable accommodation according to the size of their families and the number of dependants, to keep the accommodation in good condition, and to provide workers with water and sanitary facilities during the working day. The Committee recalls once again that the Convention requires minimum standards and specifications for accommodation (e.g. construction materials to be used, minimum size of accommodation, layout) to be laid down. The Committee therefore requests the Government to keep the Office informed of any measures envisaged to lay down minimum standards and specifications relating to the accommodation of plantation workers.

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Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. The Committee notes the detailed information provided by the Government concerning the Employment Support Programme (PAE) and the Internal Job Mobility Programme for the Agricultural Sector (SUMLI-Agricultural Sector), previously called the Economic Assistance for Job Mobility Programme (SAEMLI). It notes, in particular, that the SUMLI-Agricultural Sector has benefited 1.5 million workers since 2002. Furthermore, the Committee notes the adoption of the Decree of 18 January 2008 approving the Sectoral Labour and Social Welfare Programme 2007–12, one of the main objectives of which is the development of strategies for taking care of agricultural labourers and their families. The Committee requests the Government to continue providing information concerning: (i) any programmes established for migrant workers and their impact on their working conditions; and (ii) the types of plantations on which they are employed.

Part IV (Wages), Articles 24–35. Further to its previous comments on this point, the Committee notes that, in 2008, the minimum wage for agricultural workers stood at between 49.50 and 52.59 pesos (around US$4) per day according to geographical area, which may be increased by collective agreement. In this regard, the Committee notes the revision of the framework agreement concerning the sugar, alcohol and related industries, concluded in November 2008 between the trade union for the sugar sector and the National Sugar and Alcohol Industries Chamber (CNIAA), which provides, inter alia, for a wage increase of 4.5 per cent. It also notes that this framework agreement contains a plan for the modernization of the sugar industry which would result in a new wage increase for workers who have participated in the vocational training offered. Furthermore, the Committee notes that, according to the results of the national employment and occupation survey (ENOE), 1.5 million workers receive the minimum wage and that the above framework agreement is applicable to 43,000 workers who, in 2007, received a minimum wage which was 16 per cent higher than the general minimum wage. With regard to the purchasing power of plantation workers, the Committee notes, according to statistics published by the Ministry of Labour and Social Security and the Institute of Statistics and Geography (STPS-INEGI), that their purchasing power increased by 1.1 per cent in 2007. The Committee requests the Government to continue providing information concerning the minimum wage rate applicable to the agricultural sector.

Part X (Freedom of association), Articles 62–70. The Committee requests the Government to refer to the comment sent to it in 2009 under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Part XI (Labour inspection), Articles 71–84. Referring to the Sectoral Labour and Social Welfare Programme 2007–12 mentioned above, the Committee notes that one of the main objectives of that programme is to promote and supervise the application of the labour legislation, in particular by increasing the number of inspections relating to health and safety and working conditions and by providing labour inspectors with specialized training. Noting the Government’s intentions with regard to the strengthening of the inspection services and the improvement of their training, the Committee would like to receive specific statistical data concerning the inspections carried out in plantations, detailing, for example, the number of inspections carried out, the nature of violations reported and the penalties imposed.

Part XII (Housing), Articles 85–88. Noting the Government’s reference to section 283 of the Federal Labour Act, the Committee recalls that, under Article 86 of the Convention, the minimum standards and specifications of the accommodation to be provided for plantation workers shall be laid down by the appropriate authority and shall include specifications concerning: (a) the construction materials to be used; (b) the minimum size of accommodation, its layout, ventilation, and floor and air space; and (c) verandah space, cooking, washing, storage, water supply and sanitary facilities. The Committee therefore requests the Government once again to indicate the measures taken or envisaged to lay down minimum standards and specifications relating to the accommodation of plantation workers.

Part XIII (Medical care), Articles 89–91. Further to its previous comment, the Committee notes the information provided by the Government concerning the number of agricultural workers covered by the Mexican Institute of Social Security (IMSS), which stood at 455,126 in 2007. It also notes the information concerning the medical services available to plantation workers and the Official Mexican Standards (NOM) relating to: (i) health and safety conditions in agricultural activities involving the use of fertilizer and pesticides (NOM-003-STPS-1998); and (ii) the safety conditions concerning agricultural tools, equipment and installations (NOM-007-STPS-2000). Furthermore, the Committee understands that a programme has been set up to assist workers suffering from addictions under the framework agreement concerning the sugar, alcohol and related industries. The Committee requests the Government to keep the Office informed of any new initiatives in this area and to provide information on the impact and results achieved under this programme.

Part V of the report form. Application in practice. The Committee notes the detailed information provided by the Government concerning: (i) the collective agreements signed in the sugar industry; (ii) the number of employers’ and workers’ organizations established in the sector; (iii) the proportion of the gross domestic product generated by agriculture; and (iv) the number of agricultural workers. The Committee requests the Government to continue providing general information on the application of the Convention, in particular official studies on the social and economic conditions prevailing on plantations and any other information which would enable the Committee to better assess whether plantation workers enjoy living and working conditions which are in conformity with the provisions of the Convention.

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The Committee takes note of the information contained in the Government’s reports.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee notes the information supplied by the Government to the effect that an employment support programme (PAE) is being conducted and its objectives include the provision of economic assistance to 20,000 agricultural labourers with a view to supporting internal labour mobility (SAEMLI) and economic assistance for external labour mobility (SAEMLE) to benefit an average of 3,000 workers participating in the programme for temporary Mexican migrant agricultural workers in Canada. The Committee requests the Government to keep it informed of developments in these two initiatives. It also asks the Government to provide information on the engagement and recruitment of migrant workers, both national and foreign, indicating the number of these labour migrants, their conditions of work and the types of plantation in which they are employed.

The Committee recalls that in its last direct request on Convention No. 169, it referred, inter alia, to the recruitment and conditions of employment of migrant indigenous workers recruited under the enganche system, and to the working conditions of indigenous migrant labourers. While noting that Mexican law does not treat indigenous workers separately from workers in general, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that these workers are effectively protected.

Part IV (Wages), Articles 24 to 35. The Committee asks the Government to provide information on all minimum wage rates applying to workers in plantations. Please indicate in particular the number of workers in plantations who are covered by statutory minimum wage rates, and the number of those covered by minimum wages fixed by collective agreement, as well as the incidence, in terms of a basic basket of goods, of the current minimum wage on the purchasing power of the workers.

Part X (Freedom of association), Articles 62 to 70. The Committee notes from the statistical information supplied by the Government that 15 collective agreements in the agricultural sector were registered in 2003. The Committee requests the Government to provide copies of the above agreements in so far as they apply to plantation workers. The Government is also requested to refer to the Committee’s comments of 2003 under Convention No. 87.

Part XI (Labour inspection), Articles 71 to 84. The Committee asks the Government to indicate the measures adopted or envisaged to ensure that labour inspection bodies actively supervise compliance with labour standards in plantations. The Committee also requests the Government to provide statistical information on the inspections conducted in plantations, including violations of labour standards (hours of work, wages, safety and health, employment of minors, etc.) and the penalties imposed.

Part XII (Housing), Articles 85 to 88. The Committee asks the Government to indicate the measures adopted or envisaged to encourage the provision of adequate housing accommodation for plantation workers, and to provide information on the results of any consultations held on this matter with the organizations of employers and workers concerned. Please also state whether minimum standards and specifications have been set for the housing accommodation of plantation workers.

Part XIII (Medical care), Articles 89 to 91. The Committee notes the Regulations on social security in rural areas, published in the Diario Oficial of 30 June 1997. The Committee also notes the statistical information supplied by the Government on rural workers insured under the Mexican Institute of Social Security (IMSS). The Committee notes that, according to the statistics supplied by the Government, the number of permanent insured workers in the agricultural and livestock, silviculture, hunting and fishing sectors, registered in the IMSS, fell from over 426,000 in 1997 to approximately 347,000 in 2003. The Committee requests the Government to state the reasons for the drop in the number of workers insured, and to indicate the position of workers who no longer have IMSS coverage. The Committee requests the Government also to state whether there are standards governing medical services for plantation workers, in view of the health risks inherent in work involving the use of pesticides and other highly toxic products, particularly in tobacco and coffee plantations.

Part IV of the report form. The Committee requests the Government to provide general information in its next report on the practical application of the Convention, for example: (i) statistical information on the number of enterprises and workers covered by the Convention; (ii) copies of the collective agreements applying to the sector; (iii) number of organizations of workers and employers that exist in the sector; (iv) official studies on the social and economic conditions in plantations, and any other information enabling the Committee to ascertain whether plantation workers enjoy living and working conditions that are consistent with the provisions of the Convention. Lastly, the Committee asks the Government to provide additional information showing the importance of the plantation sector for the national economy, for instance, in terms of gross domestic product, exports, or the economically active population.

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The Committee has noted the information provided by the Government in its report.

The Committee has noted, in particular, the statistics relating to insured workers and permanent employees paying contributions in the major sector of economic activity (the plantations sector), together with the temporary workers insured between 1992 and 1996.

The Committee invites the Government to continue to provide information on the progress made in applying the Convention.

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