Texts of pending comments

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)), 30 (hours of work (commerce and offices)), 106 (weekly rest (commerce and offices)), and 153 (hours of work and rest periods (road transport)) together.

The Committee notes the observations of the Confederation of Workers of Mexico (CTM) on the application of Convention No. 153, communicated with the Government’s report.

Article 6 of Convention No. 30. Average hours of work over a period of more than a week. The Committee notes that the Federal Labour Act (LFT) contains no provisions relative to average hours of work and that, in earlier reports, the Government indicated that the national legislation neither provided for nor prohibited the use of average numbers of hours worked. In this regard, the Committee requests the Government to indicate whether, in practice, systems of average hours worked are used and, if so, to provide information on the way in which such systems are applied, specifying in particular the limits for average weekly working hours, the reference periods and the maximum daily hours of work. The Committee further requests the Government to provide information on the way in which this aspect is regulated in collective bargaining and, where they exist, to provide copies of collective agreements containing clauses on average hours of work.

Article 5 of Convention No. 14 and Articles 7(2) and 8(3) of Convention No. 106. Compensatory rest. The Committee notes that the LFT provides, under its section 73, that an employer shall pay a worker who provides services during his day of rest, independently of the wages corresponding to the rest period, double wages for the services provided, without providing for the granting of compensatory rest. In this regard, the Committee recalls the importance for workers who have been deprived of their weekly rest to be granted compensatory rest in all cases, irrespective of any monetary compensation (2018 General Survey on working time instruments, paragraphs 252 and 253). The Committee requests the Government to indicate the measures adopted or envisaged, whether legislative or otherwise, to guarantee the granting of compensatory rest to workers who perform work on the day of weekly rest, in conformity with those Articles of the Conventions.

Legislation. The Committee notes the information in the Government’s report on the adoption in 2018 of Mexican Official Standard NOM-087-SCT-2-2017 which establishes driving time and breaks for federal road transport drivers and on a legislative initiative submitted to the Congress of the Union in 2020 which aims to include provisions in the LFT on rest for road transport workers, as established under NOM-087-SCT-2-2017. The Committee requests the Government to provide information on the progress made in the adoption of this legislative initiative.

Article 1 of Convention No. 153. Scope of application. The Committee notes that the provisions of NOM-087-SCT-2-2017: (i) apply only to drivers of vehicles used for road transport services and private transport of goods and persons, on roads and bridges under federal jurisdiction (section 3), without reference to drivers of vehicles used for other forms of transport; and (ii) do not specify the public or private character of the entities, by which the drivers are employed, that are authorized to undertake transport on federal roads. The Committee also notes that the LFT, which contains provisions applicable to road transport drivers, excludes workers from family industries generally from its scope of application (sections 351 and 352). In these circumstances, the Committee requests the Government to indicate: (i) the manner in which the provisions of the Convention apply to the categories of drivers referred to in its Article 1, and which are covered neither by NOM-087-SCT-2-2017, nor by the LFT, including drivers of vehicles used for transport on roads under jurisdiction other than federal jurisdiction and to drivers that are family members of the owners of vehicles used for road transport; and (ii) whether NOM-087-SCT-2-2017 applies to wage-earning drivers providing services to public and private entities authorized to undertake federal road transport.

Article 2. Exclusions. In the absence of updated information in this regard, the Committee requests the Government to provide detailed information on the categories of drivers it judged necessary to exclude from the scope of application of the Convention, indicating: (i) the authority or body which made the exclusion; (ii) whether the exclusion is in respect of all or some of the provisions of the Convention; and (iii) the standards governing driving time and rest periods applicable to the excluded categories of drivers.

Articles 6 and 8. Maximum total driving time. Daily rest. The Committee notes that sections 4.7 and 4.6 of NOM-087-SCT-2-2017 provide for a maximum total driving time (14 hours in a period of 24 hours) and a duration of daily rest (eight consecutive hours, specifically in federal road freight transport) which are not in conformity with the limits provided respectively in Articles 6(1), and 8(1), of the Convention. The Committee also notes that the LFT lacks specific provisions on maximum total driving time or on daily rest for road transport drivers. The Committee requests the Government to provide detailed information on the measures adopted or envisaged to ensure that: (i) the maximum total driving time (including overtime hours) for drivers to whom Article 1 of the Convention refers, including those to whom NOM-087-SCT-2-2017 is applicable, do not exceed nine hours a day or 48 hours a week; and (ii) drivers’ daily rest shall be at least ten consecutive hours during any 24-hour period starting from the beginning of the working day.

Application in practice. The Committee notes that the CTM indicates in its observations that although the Convention may be well regulated, in practice compliance is weak, with long, difficult and extenuating working days resulting from lack of training for drivers, the drivers’ health condition (use of substances to reduce fatigue), the state of the vehicles and the absence of relevant standards in enterprises, among other factors. The Committee requests the Government to provide its comments in this regard.

Articles 2 and 3 of the Convention. Registration of trade unions and accreditation of elected trade union representatives (“toma de nota”). In its previous requests, the Committee noted: (i) the allegations of the refusal of applications for trade union registration, and various obstacles to the establishment and recognition of independent trade unions, contained in the observations of IndustriALL Global Union (IndustriALL), and (ii) the observations of the International Trade Union Confederation (ITUC) and IndustriALL alleging that the accreditation procedure (toma de nota), whereby elected trade union leaders are required, in order to take office, to obtain a certificate from the labour authorities attesting that the elections were held in accordance with the trade union constitution, continues to give rise to many abuses undermining the freedom of workers to elect their representatives, even though the Supreme Court of Justice has restricted the scope of this procedure through its case law. In this respect, the Committee took due note of the detailed statistical information provided on the procedures of registration and accreditation of elected representatives. The Government therefore undertook to follow up on the allegations of refusal to register independent trade unions in several factories in the export processing (maquila) industry in Ciudad Juárez and the Committee also requested it to comment on another allegation of refusal of registration, referring to a trade union in the oil industry, for which the application has been pending since 2014. The Committee notes the Government’s indication in general that: (i) the functions of registration of trade unions have been transferred to the Federal Labour Conciliation and Registration Centre, an autonomous entity that takes impartial decisions on the merits of the registrations (in accordance with the Government’s implementation plan, these functions will be fully exercised as from 1 October 2021); (ii) under the reform of the Federal Labour Act, the principles of autonomy, equity, democracy, legality, transparency, certainty, cost-free nature, immediacy and respect of freedom of association and its guarantees must be observed in the registration of trade unions, and when updating their regulations (section 364 bis was added to the Federal Labour Act to establish that, with regard to trade union registration and updating of regulations, workers’ wishes and the collective interest will prevail over formal aspects, thus prioritizing the autonomy of the unions and avoiding any type of interference in their internal activities); (iii) a maximum time limit of ten days is established for the authority to grant the registrations corresponding to the updating of regulations and another of 20 days for the initial registration of any organization (these time lines were significantly reduced to provide greater certainty to the organizations and to issue the corresponding registrations more quickly, as well as to avoid any delay that could affect their activities). The Committee notes, however, that IndustriALL continues to denounce the use of the accreditation procedure (toma de nota), as a mechanism for union control in violation of the Convention (for example allegations are made of resistance and delays in issuing accreditation of the elected leadership of the Mexican Electricians’ Union in July 2020). While welcoming the developments of the labour reform referred to above to expedite, and eliminate interference in, the accreditation procedure, the Committee regrets that it has not received any information from the Government on the specific allegations mentioned above, on which the Government had undertaken to follow up. The Committee urges the Government, as part of the implementation and follow-up procedure of the labour reform, and in consultation with the social partners concerned, to effectively monitor and follow up on the allegations of violations of the Convention relating to the accreditation procedure and to keep it informed of any developments in this respect.

Article 3. Right of workers’ organizations to organize their activities and to formulate their programmes. The Committee recalls that for many years it has been requesting the Government to take the necessary measures to amend various aspects of the legislation on the right to strike of state employees, particularly: (i) section 99(II) of the Federal Act on State Employees (LFTSE), which establishes the requirement of two thirds of the workers in the public body concerned to call a strike; (ii) the legislation that restricts the right to strike of certain state employees (including workers in the banking sector and those in many decentralized public bodies, such as the National Lottery and the Housing Institute) only to situations involving a general and systematic violation of their rights (section 94, Title 4, of the LFTSE, and section 5 of the Act issuing regulations under article 123B(XIII bis) of the Constitution); and (iii) several laws and regulations related to public services (the Railway Regulations Act, the National Vehicle Registration Act, the General Channels of Communication Act and the internal regulations of the Ministry of Communications and Transport), which provide for the possibility of requisitioning staff in the event that the national economy is affected. The Committee notes that, although the Government had previously reported on a legislative initiative proposing the reform of various provisions of the LFTSE to enable the workers concerned to exercise the right to strike, in its latest report the Government merely indicates that the requested amendments were not made. The Committee also notes that the National Workers’ Union (UNT) reports that the right to strike is practically impossible for state employees. While requesting the Government to provide its observations in this respect, the Committee expresses the firm hope that it will be able to note progress relating to the various amendments to the LFTSE referred to above, and any other measures deemed necessary to ensure that workers not exercising authority in the name of the State can exercise the right to strike. The Committee requests the Government to keep it informed of any developments in this regard.

The Committee notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), the International Confederation of Workers (CIT), the Regional Confederation of Mexican Workers (CROM), the Confederation of Workers of Mexico (CTM), the National Union of Workers (UNT) and the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN) provided with the Government’s report relating to matters examined in this comment.

The Committee also notes the observations of the UNT, received on 24 July 2021, and of IndustriALL Global Union (IndustriALL) on 1 September 2021, relating to matters examined in this comment and allegations that are the subject of case No. 2694 currently before the Committee on Freedom of Association, as well as the Government’s response to those.

Trade union rights and civil liberties. In its previous comment, the Committee noted that in their 2018 observations, the International Trade Union Confederation (ITUC) and the UNT alleged further acts of anti-union violence, including the murder on 18 November 2017 of two miners who were participating in a strike in the state of Guerrero, attacks on over 130 unionized university workers in San Cristobal de las Casas on 9 February 2017, as well as the death of a trade union activist in January 2018 after receiving threats relating to the promotion of a new union. The Committee notes that the Government indicates its willingness to provide its comments on the observations of the social partners, expressing its readiness to take the appropriate measures and thanking the organizations that provide additional information. The Committee also notes that the observations of IndustriALL highlight the need to make progress in eliminating impunity and punishing those responsible for anti-union violence. The Committee once again invites the organizations concerned to provide the Government with any additional information that they have and requests the Government to take the necessary measures to investigate the allegations and to punish and eradicate all acts of anti-union violence.

Article 2 of the Convention. Conciliation and arbitration boards. Constitutional reform of the labour justice system. In its previous comment, having noted the concerns expressed by the social partners and the information provided by the Government, the Committee encouraged the submission of the legislative texts relating to the constitutional reform of the labour justice system to a broad process of tripartite consultation. The Committee notes the Government’s indication that the implementation of the new Mexican labour model is progressing successfully in accordance with the Convention and the comments of the ILO supervisory bodies. The Government has provided detailed information on its process of implementation, referring to the work of the Coordination Council for the Implementation of the Reform of the Labour Justice System (which approved a three-stage strategy to be completed in three years, which is one year earlier than scheduled in the reform); recognizing the complex cultural change this implies, which requires time and resources; and emphasizing its priority nature and the full commitment of the authorities in this respect. With regard to tripartite consultation, the Government highlights that: (i) the reform is the result of an ongoing social dialogue between the national authorities and specialists, academics, trade unionists, entrepreneurs and civil society actors; (ii) with the purpose of enriching the discussion and exchanging views with the sectors involved, from 25 February to 6 March 2019, the Chamber of Deputies of the Congress of the Union convened representatives of the executive and judicial branches, labour courts, bar schools and associations, academics, civil society bodies and associations, trade union organizations and the general public to participate in six public meetings on the labour justice reform, organized in thematic roundtables with 62 speakers; (iii) working groups Nos 2 (on collective law) and 4 (on labour conciliation and registration centres) were composed of trade union and employer representatives from various organizations; (iv) during this open parliamentary work, a transparent and pluralistic dialogue was maintained with the most representative workers’ and employers’ organizations in the country, as well as with academics, experts and civil society organizations - including the complainant organizations in Case No. 2694 before the Committee on Freedom of Association; (v) the Senate of the Republic carried out a similar open parliamentary exercise, convening all sectors involved in the reform. Regarding certain concerns raised in the previous observation, the Government indicates that, while there was a proposal for a regulatory Act in 2017 on a tripartite composition of the fundamental body responsible for upholding union democracy (the Federal Labour Conciliation and Registration Centre (CFCRL)), it was not adopted, and therefore recalls that this is a decentralized body, under the Secretariat for Labour and Social Welfare (STPS), which has a Government Board composed of the heads of the Ministry of Finance, the National Institute for Transparency, Access to Information and the Protection of Personal Data, the National Electoral Institute and the National Institute of Statistics and Geography. Lastly, the Government denies the allegations that this dialogue was confined to certain organizations, recalls the diversity of partners and affirms that social dialogue has been strengthened in recent years.

The Committee also notes the following observations of the social partners in this regard: (i) the CONCAMIN emphasizes the need to ensure that when the new labour courts become operational, they genuinely address the aspects of the activities of the boards that were criticized; (ii) the CAT considers that in the application of the reforms the authorities have taken on greater powers, thereby undermining trade union autonomy; (iii) the CIT highlights the difficulties of implementing the reforms in a context in which independent trade unionism is a minority, most collective agreements have not been legally validated and it will take a long time to replace the boards, which continue to be an obstacle to the exercise of freedom of association; (iv) the CROM considers that the CFCRL registration system involves government interference; (v) the UNT indicates that the reforms have been carried out without real or genuine ongoing institutional and social dialogue with the representative organizations, but through a pretence of open parliamentary processes based on direct invitations, without the participation of the social partners; and (vi) IndustriALL, while recognizing the significant progress made in implementing a real labour reform that could transform the existing model, emphasizes that practices that limit freedom of association persist, particularly in states outside the federal capital, reports that enterprises and corporate unions continue to control the boards, and that it is necessary to establish genuine social dialogue with independent and democratic trade unionism. In light of the above, and while welcoming the efforts made, the Committee encourages the Government to continue to ensure that the following stages of the implementation of the labour reform are submitted to broad and effective tripartite consultation, in order to take note of the concerns raised by the social partners and consider the measures necessary to ensure full respect of the Convention in law and practice. Reiterating that the technical assistance of the Office remains available to it, the Committee requests the Government to keep it informed of any developments in this respect.

Trade union representativity. Trade unions and protection contracts. In its previous observations, the Committee reiterated its request to the Government, in consultation with the social partners, to continue taking the necessary measures to resolve the problems raised by the phenomenon of protection unions and contracts. In this regard, the Government indicates that the necessary legislative and regulatory adjustments have been made to implement a new industrial relations model that guarantees the full exercise of freedom of association and workers’ representation in collective bargaining. Among the main amendments made to Mexican labour law, the Government emphasizes the processes to: (i) legally validate collective labour agreements signed before the entry into force of the reform, through majority approval by the workers, expressed through personal, free, secret and direct ballot. To this end, on 31 July 2019, a Protocol for the legal validation of existing collective agreements was published and, on 1 May 2021, the verification function was transferred to the CFCRL (while the CFCRL was still not operational, the STPS had been empowered to verify the legal validation procedures). The Government indicates that, during the reporting period, 2,231 consultations regarding legal validation were held, in which more than 348,000 workers cast personal, free, direct and secret ballots to determine whether they agreed to maintain 1,297 collective labour agreements; (ii) demonstrate that, prior to the negotiation of an agreement, the union is representative of at least 30 per cent of the workers, through an attestation issued by the CFCRL, and that ballot processes are personal, free, secret and direct, and are also applicable to the election of union officers; and (iii) approve the content of the collective labour agreements negotiated by the union, following the completion of negotiations with the employer, through majority approval expressed through the personal, free, secret and direct ballots of the workers. This requirement for consultation also applies to the general revision of the agreements (which must be carried out every two years), as well as to disputes between unions over their status to negotiate agreements (which are heard by impartial and independent courts). In its report, the Government provides details of the implementation of these processes and considers that, through these processes and the establishment of the CFCRL, the problem of agreements signed without the knowledge or consent of the workers has been addressed.

With regard to the observations of the social partners, the CIT warns of the persistence of the problems related to protection unions and contracts despite the reforms, and refers to an estimate that protection contracts account for 80 per cent of collective labour agreements. IndustriALL, while recognizing the Government’s ongoing efforts to advance with the reform that may eradicate the system of protection unions and contracts: (i) denounces the proliferation and the signing of protection contracts by the public authorities; (ii) refers to specific cases that illustrate how the system operates (for example in a transnational car company and the petrol supply sector); (iii) denounces the repression of trade union industrial action (for example, in sectors such as the electronics industry in the state of Jalisco); (iv) highlights the significant challenges in practice in guaranteeing that the legal validation processes are compliant with freedom of association (citing examples such as failing to implement results that did not favour the protection union and obstacles to the registration of independent organizations); and (v) refers to the report of the Board of Independent Labour Experts of Mexico of 7 July 2021, which lists the strategies used to intimidate workers and prevent them from voting. Further, IndustriALL refers, as an example of an ultimately satisfactory resolution, to the case of a union in an automobile company in Silao, in which the workers reported intimidation and serious irregularities in the process for the legal validation of the collective labour agreements and had recourse to the Canada, United States and Mexico Rapid Response Labour Mechanism (T-MEC), through which a new vote was called in August 2021; the validation process was monitored and supervised by the National Electoral Institute together with a mission of ILO observers, as a result of which the protection contract was rejected.

The Committee notes that in response to IndustriALL, the Government: (i) provides updated information on the application of the procedures referred to above (as of 12 October 2021, the number of legal validation processes had risen to 1,890 collective agreements covering some one million workers); (ii) denies that practices of complicity persist between employers and workers with the endorsement of the labour authority and rejects any criticism of the impartiality or integrity of the officials or operators of the labour justice system, as well as of their selection process; (iii) highlights that the reports of the Board of Independent Labour Experts have also recognized the progress made by the Government, especially considering that it has been made in the context of the pandemic, and have recognized that some of the changes of the reform have yet to be implemented, and thus it is therefore necessary to wait before a full evaluation can be conducted; (iv) refers to the lessons that have been drawn from the legal validation processes carried out, thereby improving the verification functions and reforming the Protocol referred to above; and (v) refers to the validation process in Silao as a positive example that illustrates the Government’s commitment to implement the reform and establish a new industrial relations model based on greater transparency and union democracy. In light of the above, the Committee encourages the Government to take the necessary additional measures to ensure that the legal validation processes of collective agreements, both in their rules and their application in practice, guarantee full and timely respect for freedom of association. While welcoming the progress made in implementing the reform, the Committee notes with concern the continuing allegations of violations of the Convention and invites the Government, in consultation with the social partners, to continue taking any further measures that may be necessary to find effective solutions to the problems raised by the phenomenon of protection unions and contracts for workers in relation to their rights to establish and join organizations of their choosing.

Publication of the registration of trade unions. In its previous observation, the Committee requested the Government to provide information on the legal requirement for conciliation and arbitration boards to publish the registration and statutes of trade unions, and any impact that the implementation of the new constitutional reform and its secondary legislation has had on the procedure for trade union registration, including the publication of the registration and statutes of trade unions. In this regard, the Government indicates that: (i) the reform of 1 May 2019, in accordance with the 2017 constitutional reform, transferred the registration functions for trade unions and collective agreements to the CFCRL, which includes the obligation to publish the corresponding registrations; (ii) in accordance with the implementation plan for the new labour model, the CFCRL will take up its registration functions fully on 11 October 2021, from which date there will be a single register of unions and contracts at the national level, under the responsibility of the CFCRL (up to now, these functions have been exercised only in the bodies covered by the first stage of the implementation of the new labour model); (iii) the CFCRL, the STPS and the conciliation and arbitration boards have worked in coordination to digitalize all the registry files and transfer them within the legal deadlines to the CFCRL, so that it can meet the obligation to publish them once this work is completed; (iv) notwithstanding the above, new registrations of unions and collective labour agreements by the CFCRL are already available on its website, which will gradually include the files of the unions and agreements currently registered by conciliation and arbitration boards; this is to be completed between the second half of 2021 and the first half of 2022; and (v) as of 17 September 2021, 95.5 per cent of unions registered at the federal level and 38 per cent of unions registered at the local level have adapted their statutes to the applicable rules of the new labour register.

The Committee also notes that in their observations: (i) the UNT states that in July 2021, the status of publication was still not clear, and the collective labour agreements registered on a daily basis were still not available; and (ii) IndustriALL expresses concern that as of 2021 the legal obligation to publish the registration and statutes of unions, and the existing collective agreements, has still not been fully complied with, and indicates that in practice many workers covered by collective labour agreements are still unaware that these contracts exist and cannot obtain a copy of them.

Taking due note of the recent progress in implementing a single register of trade unions and agreements at the national level under the responsibility of the CFCRL, as well as the persistence of allegations of difficulties in accessing information on existing trade unions and collective agreements in practice, the Committee requests the Government to follow up on these allegations and to continue providing information on developments in this respect.

Articles 2 and 3. Public sector workers. The Committee recalls that for many years it has been asking the Government to take measures to amend the following provisions that limit trade union pluralism in state agencies and the possibility of the re-election of union officials: sections 68, 69, 71, 72, 73, 75, 79 and 84 of the Federal Act on State Employees (LFTSE), and the legislative declaration establishing the trade union monopoly of the National Federation of Banking Unions (FENASIB). The Committee has repeatedly noted the Government’s statements that, in accordance with the case law of the Supreme Court of Justice, these legislative restrictions on the freedom of association of public servants are not applied, emphasizing that the re-election of trade union officers is possible and that multiple unions can be registered, and the fact that the applicant unions are in the same body is not an obstacle to their registration. The Committee notes that, in addition to reiterating these explanations, the Government refers to the Decree reforming, adding and repealing various provisions of the LFTSE, giving effect to article 123(b) of the Constitution.

The Committee notes with satisfaction that this Decree introduces the following amendments to the LFTSE: (i) it repeals section 68 (which established that there would be only one union in each agency); and (ii) it amends section 69 (removing the ban on trade unionists leaving the union of which they have become members and introducing the right of workers to join and establish unions without prior authorization), section 71 (removing from the requirements for establishing a union the fact that “there is no other union group with a greater number of members within the same state agency”), section 73 (removing the reference to “when a different union group that is in the majority is registered” as grounds for the dissolution of the union), section 79 (removing the prohibition on unions of public servants joining trade union organizations of workers or rural workers) and section 84 (removing the reference to the Federation of Unions of State Employees as the single central trade union recognized by the State).

However, the Committee notes that no amendments have been made in the LFTSE to section 72 (in which the problematic clause remains that “the Federal Conciliation and Arbitration Court, upon receiving the application for registration, shall verify by the means it deems most practical and effective, that there is no other trade union within the state agency concerned and that the applicant has a majority of workers in that agency before proceeding with registration, where applicable”) and section 75 (maintaining the prohibition on re-election within trade unions). The legislative declaration establishing the trade union monopoly of the FENASIB (section 23 of the Act issued under article 123B(XIIIbis) of the Constitution) has also been maintained.

The Committee also notes the observations of IndustriALL which: (i) denounces the persistence in the centralized public sector of the model of union control through union organizations whose leadership is close to those in political power, and that, although the unions of decentralized organizations have used case law to escape this control system, their freedom of association amounts to nothing because of the impossibility of exercising their collective bargaining rights and the right to strike; and (ii) alleges that rank-and-file workers have been illegally categorized as “personnel in positions of trust”, who would be systematically excluded from the right to freedom of association; and that the Federal Conciliation and Arbitration Board has adopted a criterion that denies these workers the possibility of having their own union and imposes the control union on them.

The Committee requests the Government to provide its comments in this respect, specifying whether workers in positions of trust covered by the LFTSE have the right to join a trade union or establish their own trade unions, and to provide information on the exercise of this right. It also requests the Government to continue taking the necessary measures to ensure that all public sector workers, with the only possible exception of the police and the armed forces, enjoy the guarantees set out in the Convention in both law (pending the amendment of the above provisions) and practice.

Article 3. Right to elect trade union representatives in full freedom. Prohibition on foreign nationals becoming members of trade union executive bodies (section 372 of the Federal Labour Act). In its previous comments, the Committee has noted the Government’s indications that: (i) section 372 of the Federal Labour Act , which prohibits foreign nationals from becoming members of trade union executive bodies, was tacitly repealed by the amendment to section 2 of the Act, which prohibits any discrimination based on ethnic or national origin; and (ii) the registration authorities do not require trade union leaders to have Mexican nationality, and this prohibition is not applied in practice. The Committee notes that in its latest report the Government reiterates that the legislative restriction is not applied in practice, specifying that the registration authorities are not in a position to verify this. The Committee also notes that the UNT emphasizes in its observations the need to remove this prohibition and discrimination on grounds of nationality in order to bring the law into line with the Convention. Recalling once again the need to ensure the conformity of the legislative provisions with the Convention, even if they are in abeyance or are not applied in practice, the Committee requests the Government to take the necessary measures to amend section 372 of the Federal Labour Act with a view to making explicit the tacit repeal of this restriction.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the first report sent by the Government. The Committee notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), the Autonomous Confederation of Workers and Employees of Mexico (CATEM), the International Confederation of Workers (CIT), the Regional Confederation of Mexican Workers (CROM), the Confederation of Workers of Mexico (CTM), sent with the Government’s report, which are concerned with matters raised in this comment.

The Committee also notes the observations of the IndustriALL Global Union (IndustriALL), received on 1 September 2021, on matters raised in this comment and allegations addressed in Case No. 2694 being examined by the Committee on Freedom of Association, as well as the Government’s reply to these observations.

The Committee recalls that, as follow-up to observations made by workers’ organizations alleging that the operation of conciliation and arbitration boards was impeding the exercise of freedom of association, it previously noted with satisfaction, in its examination of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the adoption and entry into force in February 2017 of the reform of the Political Constitution of Mexico, as part of the process to reform the labour justice system, as well as challenges arising with regard to its effective implementation. The reform is concerned, inter alia, with key questions relating to the application of this Convention and it introduced, through amendments to the Federal Labour Act (LFT) adopted on 1 May 2019 and other legislative and regulatory reforms, the following main changes: that labour justice is vested with federal or local bodies of the judicial authorities (to which the functions of the conciliation and arbitration boards in this respect are transferred); that conciliation procedures (a stage that generally precedes recourse to labour tribunals) are more flexible and effective (with the establishment of specialized, impartial conciliation centres in each of the federative entities), and that the federal conciliation body is a decentralized agency with responsibility for the registration of all collective labour agreements and trade unions. The Committee notes the information provided by the Government on the “National Strategy for the implementation of the labour justice system”, the fundamental components of which include: (i) to guarantee freedom of association, trade union democracy, genuine collective bargaining and the principle of representativeness in trade unions, by means of personal, free, secret and direct ballots by workers; and (ii) ensuring that the registration of collective labour agreements and of trade unions are governed by the principles of certainty, transparency, democracy and freedom.

Article 1 of the Convention. Protection against anti-union discrimination. Effective and swift procedures. The Committee observes that the Political Constitution of Mexico and the Federal Labour Act provide general protection for persons and workers against acts of discrimination (for example, in LFT sections 2, 3 and 133(I), on the prohibition of acts of discrimination in general, and section 133(IX), which imposes a general ban on employers or their representatives from using “blacklists” to preventing the re-hiring of workers who terminate their employment or have their employment terminated). The Committee also notes the information provided by the Government on the prohibitions on employers or their representatives from obliging workers through coercion or other means to join or leave the union or grouping to which they belong, and also on any act or omission that violates their right to decide who should represent them in collective bargaining, including a ban on obliging workers to belong, or not to belong, to a trade union, federation or confederation (LFT section 133(IV) and section 358, first sentence). In this regard, the Committee observes that general forms of protection are provided for in the LFT with respect to: (i) changes to conditions of work and related requirements and procedures; and (ii) the termination of individual or collective employment relationships, justified grounds, requirements and procedures which must be followed, and the possibility of reinstatement and payment of compensation. The Committee observes that such forms of protection are general and applicable to all workers, without establishing special protection for cases involving acts of anti-union discrimination against trade union representatives or officers. In this regard, concerning trade union officers and representatives, the Committee recalls that while the Convention requires protection against acts of anti-union discrimination in relation to all workers, the protection provided for in the Convention is particularly important in the case of trade union representatives and officers (see 2012 General Survey concerning the fundamental Conventions, paragraph 186). The Committee also notes that the reforms to the LFT provide that, in addition to the compensation measures that can be adopted in the wake of violations of the above-mentioned provisions, penalties can also be imposed varying from 250 to 5,000 “updated measurement units” (unidades de medida y actualización – UMA) (the daily value of which for 2021 corresponds to 89.62 Mexican pesos (MXN) or 4.19 US dollars (USD), which means that the fines range from US$1,047.50 to 20,950) on any employer who commits “any discriminatory act or conduct in the workplace” and which can be doubled for a repeat offence. Under the terms of the LFT, for the imposition of such fines, the authority will apply the penalty with respect to each affected worker and will take into account the intent, the seriousness of the offence, the potential or actual injury caused and the economic capacity of the offender. While welcoming these reforms and protections, the Committee requests the Government to provide information on their impact in practice, including detailed statistics on the number of cases of anti-union discrimination examined, both in the newly established bodies and in the federal and local conciliation and arbitration boards which are still operating, and detailed information on cases involving trade union officers and representatives, the duration of procedures, and the type of penalties and compensation measures imposed.

Article 2. Protection against acts of interference. Rapid and impartial procedures. Effective and sufficiently dissuasive penalties. The Committee notes with interest the introduction of various prohibitions into the reform of the LFT, relating to acts of interference by employers or their representatives, including: (i) intervening in the internal regulations of the union, obstructing its establishment or the performance of trade union activity through reprisals against workers; (ii) carrying out any act aimed at exercising control over the union to which the workers belong; (iii) obliging workers by coercion or other means to join or leave a union, or to vote for a specific candidate, or any other act or omission which violates their right to decide who should represent them in collective bargaining; and (iv) carrying out actions or measures aimed at promoting the formation of workers’ organizations dominated by an employer or employers’ organization, or to support workers’ organizations in any way aimed at placing them under their control. The Committee notes the information provided by the Government on the establishment of penalties applicable to any persons who seek to interfere in or control a trade union organization with regard to its formation, operation or administration. In this regard, the Committee notes that section 994 of the LFT establishes the possibility of fines being imposed on any employer who infringes the established provisions, under the same parameters as those foreseen for anti-union discrimination - outlined above. The Committee also notes the observations of the CROM indicating that the reform of the LFT has entailed new obligations and prohibitions for both employers and trade unions in order to guarantee freedom of association and the expression of the will of the workers with essential elements of democracy through personal, free and secret ballots to ensure the protection of collective bargaining. In this regard, the Committee notes the measures established in section 378 of the LFT to address issues connected to protection contracts, including prohibitions on: (i) establishing or using records referring to the holding of ballots or consultations with workers without them having been conducted: and (ii) obstructing the participation of workers in procedures for the election of their trade union executive committees, imposing conditions without any legal basis or any type of undue hindrance to exercising the right to vote or being voted for. Furthermore, the Committee notes that the Government has emphasized in its “National Strategy for the implementation of the labour justice system” referred to above that the resolution of disputes through conciliation prior to recourse to judicial proceedings is a fundamental component in the implementation of labour reform, but that conciliation procedures do not necessarily have to be exhausted and that the parties could have direct access to labour tribunals where disputes are concerned that relate to the protection of fundamental rights and civil liberties, including the right to organize, freedom of association, and effective recognition of collective bargaining (section 685ter LFT). The Committee notes that in order to be able to opt for direct access to the labour tribunals, evidence must be provided enabling the tribunal to consider that there is the reasonable suspicion, appearance or presumption that any of these rights is being violated. The Committee also notes the Government’s indication that, in the event of violations of collective fundamental rights which undermine the right to organize, freedom of association and the right to collective bargaining, or where procedures for the election of trade union executive committees are challenged, or in the event of sanctions on trade unions which restrict the right to vote or be voted for, the LFT provides in sections 897 to 897-G for special summary proceedings. The Committee notes that where disputes are involved between unions regarding who is entitled to conclude a collective labour agreement and where employer interference is detected in the implementation thereof in favour of one of the rival unions or acts of violence are committed, the labour tribunal will take the necessary steps to ensure that the ballot of the workers goes ahead in freedom and safety, without prejudice to informing the relevant administrative and criminal authorities of the occurrences. The Committee requests the Government to provide information on the application of such protections and prohibitions in practice, including the resolution of disputes relating to protection against the acts of interference referred to above, providing detailed statistics on the number of cases of such violations of the fundamental rights to freedom of association and collective bargaining examined, both in the newly established entities and in the federal and local conciliation and arbitration boards that are still operating, the duration of proceedings, and also the type of penalties and compensation measures imposed.

Article 4. Criteria for representativity. The Committee notes with interest the different mechanisms for the promotion of collective bargaining introduced through the collective labour reform, which include: (i) employers’ obligations to provide a copy of the collective agreements to the workers; (ii) the obligation to fix and publicize meetings relating to the consultation procedure on their collective agreement or entitlement for the negotiation of a collective agreement; (iii) the obligation of the Federal Labour Conciliation and Registration Centre concerning transparency and publication of trade union registers, accreditations (“toma de nota”), meeting records, etc.; and (iv) the establishment of specific rules relating to representativity. With reference to this last point, the Committee notes the information provided by the Government with respect to the various amendments and mechanisms envisaged in the LFT to guarantee the principle of representativity, based on workers’ personal, free, secret and direct ballot in the processes of: (i) elections of trade union executive boards; (ii) negotiation of collective agreements before and after negotiation; (iii) legal validation of collective labour agreements existing prior to the reform; and (iv) trade union disputes over who is entitled to negotiate collective agreements. The Committee notes that, in order to negotiate a collective agreement, the trade union applying must already have the certificate of representativity issued by the Federal Centre of Labour Conciliation and Registration (provided for in LFT section 390Bis), which the Government indicates ensures that the given trade union has the support of at least 30 per cent of the workers covered by the collective agreement, thus complying with the principle in the Constitution of trade union representativity in collective bargaining. The Committee notes that, as more than one trade union is involved, the right to negotiate and conclude a collective agreement corresponds to the union with the highest number of votes in accordance with the rules set out in section 388 of the LFT (the number of workers who vote must be least 30 per cent of the workers covered by the collective agreement that is the subject of the application for conclusion of the agreement), which provides for collective bargaining at enterprise level: (i) if there are various enterprise or sectoral trade unions or both, the collective agreement shall be concluded with the one which has the highest number of affiliated workers within the enterprise; (ii) if there are various occupational trade unions, the collective agreement shall be signed with all the majority occupational trade unions, provided that they are in agreement among themselves. Where this is not the case, each trade union shall conclude a collective agreement for its profession; and (iii) if there are various occupational and enterprise or sectoral trade unions, the first may conclude a collective agreement for their profession, provided that the number of affiliates exceeds the number of workers of the same profession affiliated to the enterprise or sectoral trade union. The Committee emphasizes in this respect that it considers that the requirement of an excessively high percentage of representativity in order to be allowed to participate in collective bargaining can hinder the promotion and development of free and voluntary collective bargaining in accordance with the Convention. The Committee therefore requests the Government to provide information on the implementation in practice of the rules established when the support of at least 30 per cent of the workers covered by the collective agreement is not reached, including situations where different trade unions are competing for the negotiation of a collective agreement in an enterprise.

Promotion of collective bargaining at all levels. The Committee notes that the LFT does not establish any limitation in terms of the level at which collective bargaining may be carried out but that most of the provisions of this Act refer to bargaining at enterprise level. In this respect, the Committee recalls the need to ensure that collective bargaining is possible at all levels, both at the national level, and at the enterprise level (see the 2012 General Survey, paragraph 222). The Committee requests the Government to provide information on how collective bargaining is regulated and promoted at all levels, including at the multi-enterprise and sectoral level. The Committee also requests the Government to provide information on the impact of the labour reform on the exercise of collective bargaining, with comparative data on the number of collective agreements adopted by level and sector, comparing in particular between the enterprise level and higher levels, as well as the number of workers, specifying the number and percentage of workers in small enterprises covered by collective agreements.

Workers covered by collective bargaining. The Committee notes that the LFT, Title VI, provides for different categories of special jobs, including workers in positions of trust (for whom the LFT, section 183, provides that they may not form part of the unions of the other workers, but does not expressly provide that they may not establish or join unions or engage in collective bargaining), farm workers, transport workers, actors and musicians, professional sportspersons, traders and similar, homeworkers and domestic workers (the latter category including migrant workers). The Committee notes that only in some cases, such as for domestic workers, do the provisions in the relevant category expressly recognize that the conditions of such workers may be agreed in collective agreements. The Committee also notes the observations of IndustriALL, warning of the prevalence of forms of recruitment and work organization (for example, fee-based, interns, associates, tip-based, self-generated, merit-based, digital platform workers), which would sometimes used to avoid complying with labour obligations and obstruct freedom of association and collective bargaining. The Committee requests the Government to provide comments in this regard, in particular on which measures or mechanisms exist to promote collective bargaining relating to these categories of workers and different forms of recruitment.

Protection contracts. Lastly, the Committee refers to comments it has been making on representativity, and protection unions and contracts under the application of Convention No. 87. The Committee notes the Government’s indications that the necessary legislative and regulatory adjustments have been made to implement a new labour relations model that guarantees the full exercise of freedom of association and workers’ representation in collective bargaining, leaving behind the use of protection contracts to promote free and voluntary bargaining. From the information provided by the Government relating to the legal validation processes that have been conducted in order to move the existing collective bargaining agreements from one model to another, the Government states that as of 12 October 2021, 1,890 collective agreements have been legally validated, covering more than 900 thousand workers. In this respect, the Committee requests the Government to include in the broad tripatite consultation relating to the implementation of the labour reform the treatment of the problem of protection contracts from the perspective of the promotion of collective bargaining, and to provide information on the results, including the identification of any further measures that may be necessary for the application of Article 4 of the Convention, and to continue to provided information to the Committee on the number of collective agreements legally validated and the workers covered.

Articles 4 and 6. Collective bargaining of public servants not engaged in the administration of the State. The Committee notes that the Federal Act on State Employees (LFTSE) excludes from collective bargaining all workers covered by this Act, as it sets out in section 87 that the general conditions of work of the workers covered by the Act are fixed by the respective head of the competent agency, taking account of the opinion of the corresponding trade union where so requested, and that such conditions are revised every three years. The Committee recalls that persons employed in the public sector but who do not carry out activities related to the administration of the State (employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, and transport personnel, etc.) are covered by the Convention and should be able to negotiate collectively their conditions of employment, including their wage conditions, and that mere consultation of the unions concerned is not sufficient to meet the requirements of the Convention in this respect (see the 2012 General Survey, paragraphs 172 and 219). In light of the above, the Committee requests the Government to indicate the available mechanisms for the promotion of collective bargaining, established in conformity with the Convention for persons employed in the public sector but not engaged in the administration of the State.

Article 28 of Part V (Old-age benefit), Articles 65 and 66 of Part XI (calculation of periodic payments) and the appended Schedule. Guarantee of the minimum level of benefit. With regard to its previous comments that the protection provided by the pension system does not provide the guarantees required under Article 65 of the Convention in respect of the minimal replacement rates for old-age pensions, the Committee notes the statistical data from the Mexican Institute of Social Security (IMSS), provided by the Government with its report. The data indicate a replacement level, between 2013 and May 2016, of between 73.6 and 74.6 per cent of beneficiaries’ average previous earnings for old-age and retirement benefits provided, in accordance with the Acts on the IMSS of 1973 and 1997. The State Workers’ Social Security Institute (ISSSTE) provided average pension replacement rates of 55 per cent up to 2016, with the average wage taken as 7,567.86 pesos and the average pension as 4,188.57 pesos.

While taking note of this information, the Committee considers that it does not demonstrate the capacity of the current IMSS and ISSSTE pension schemes to guarantee a minimum old-age pension corresponding to 40 per cent of previous earnings, for a standard beneficiary (as defined in the Schedule to Part XI of the Convention), after 30 years of contributions. As it has pointed out several times, the Committee recalls that the amount of the pensions provided by the IMSS and ISSSTE schemes, which following the 1997 and 2007 reforms, are compulsory individual capitalization accounts, cannot be determined in advance, but depend on the capital accumulated in the workers’ individual accounts, and especially on the rate of return obtained. Therefore, as the Committee concluded previously, they do not comply with the requirements of Article 65 of the Convention.

The Committee also notes that the IMSS pension scheme guarantees a minimum pension to workers on reaching the age of 60 years, having registered one thousand weeks of contributions, of which the amount is calculated according to the table appended to section 170 of the Social Security Act, reformed in 2020. According to the Government, by virtue of this reform, the amount of the pension guaranteed by the State to workers who do not have sufficient funds in their individual accounts has increased. Similarly, the ISSSTE pension scheme provides for a guaranteed monthly pension of 3,3034.20 pesos, updated annually in line with changes in the National Consumer Price Index (section 92 of the Act on the ISSSTE). The State guarantees this pension to affiliated workers that fulfil the age and qualifying period conditions laid down in section 89 of the Act.

The Committee recalls, once again, that the minimum guaranteed pension provided by the IMSS and ISSSTE can be assessed with reference to Article 66 of the Convention, which requires the rate of old-age pension to correspond to least 40 per cent of the reference wage of an ordinary adult male labourer, determined in accordance with Article 66(4–7), after 30 years of contributions.

The Committee reiterates its request and firmly hopes that the Government will be able to provide, without further delay, the information necessary to demonstrate that the rate of the minimum guaranteed pensions provided by the IMSS and ISSSTE schemes comply with the requirements laid down in Article 28, in conjunction with Article 66, of the Convention. The Committee requests the Government to provide the necessary calculations to that end, following the methodology established in Article 66 of the Convention.

The Committee is raising other matters in a request addressed directly to the Government

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 17 (workers’ compensation, accidents), 102 (social security, minimum standards) and 118 (equality of treatment, social security) together .

Article 2 of Convention No. 17. Coverage of workers for occupational accidents. (i) Coverage of apprentices. The Committee notes the information provided by the Government in response to its previous comment, in which the Committee requested the Government to explain how persons working in an enterprise or institution within the framework of vocational training were protected, in law and in practice, in the event of an employment accident, in accordance with the Convention.

The Committee notes the Government’s indication in its report that the Federal Labour Act provides for a legal status similar to that of apprenticeship, called “recruitment for initial training”, through which workers acquire the knowledge or skills needed to perform the activity for which they may be recruited. The maximum duration of initial training is three months, with the possibility of extension to six months in higher posts, and a written employment contract must be issued to ensure the worker’s social security coverage. The Committee notes that the Act also provides for an additional trial period of 30 to 80 days, enabling the worker to benefit from social security coverage during that period. Finally, the Committee notes that the Political Constitution of the United States of Mexico provides, in Article 123(A), that employers shall pay the compensation arising from employment accidents and occupational diseases of workers, irrespective of the occupational category of the workers. The Committee takes due note of this information.

(ii) Coverage of certain workers in the public sector for employment accidents. In its previous comments, the Committee requested the Government to provide statistical data on the number of public sector workers who are not covered by employment accident insurance, and to take the measures necessary to include these categories of workers in the compulsory social security system, including in the event of employment accidents. In this regard, the Committee takes note of the Government’s reply, indicating that in the first quarter of 2016, out of almost 5 million public sector workers, 670,688 persons, equivalent to 13.6 per cent of workers, did not have access to social security. The Committee recalls that Article 2 of the Convention provides that the laws and regulations as to workers’ compensation for industrial accidents shall apply to workers, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private. The Committee therefore requests the Government to take the necessary measures to ensure compensation for all victims of industrial accidents covered by the Convention, or their dependants, in conformity with the Convention. The Committee also requests the Government to provide information on any measure taken or envisaged in this regard.

Article 5 of Convention No. 17. Employment accident compensation paid in the form of a lump sum. In its previous comment the Committee noted that under section 58(III)(3) of the Social Insurance Act (LSS) of 1995, when the rate of permanent partial incapacity is between 25 and 50 per cent, an insured person may choose between the payment of either a pension or a lump sum, and requested the Government to take the necessary measures to comply with Article 5 of the Convention. The Committee notes the Government’s response, confirming that the payment of a lump sum in lieu of a pension is not in compliance with the substantive principle of the protection of insured persons set out in the Political Constitution of the United States of Mexico. In practice, the beneficiary might not put aside sums for habitual medical services, nor foresee the extent of his or her expenses, thus placing the objective of the compensation in jeopardy.

In view of the above, and observing the absence of sufficient guarantees for the competent authority to be satisfied that the lump sum be properly utilized, the Committee considers that the condition set out in Article 5 of Convention No. 17 for the compensation to be paid in the form of a lump sum instead of a periodical payment is not met. The Committee therefore requests the Government to take the necessary measures to give effect to this provision of the Convention, and to provide information on the measures taken or envisaged in this regard.

Article 8 of Convention No. 17. Procedure for reviewing the degree of incapacity. The Committee notes the information provided by the Government on the provisions on reviewing the degree of incapacity after a period of two years contained in section 60 of the LSS.

Article 10 of Convention No. 17. Normal wear and tear of artificial limbs and surgical appliances. In its previous comments, the Committee requested the Government to indicate the manner in which the right of victims of occupational accidents to the renewal of artificial limbs and surgical appliances following normal wear and tear was implemented in practice. The Committee notes the Government’s indication that the LSS provides for the supply of artificial limbs and surgical appliances, and that the medical and administrative policies and activities that the personnel of the Mexican Institute of Social Security (IMSS) must apply are set out in the Procedure for the provision or repair of artificial limbs, surgical appliances and functional aids to insured patients in the physical medicine and rehabilitation services and units of the IMSS (2680-A03-002). The Committee also observes that section 61 of the Act on the ISSSTE of 2007 envisages the provision in kind of prosthetic and orthopaedic appliances. The Committee requests the Government to indicate the laws or regulations that provide for the right to the normal renewal of artificial limbs and surgical appliances for workers affiliated to the ISSSTE and for other workers protected by the Convention.

Article 11 of Convention No. 17. Guarantees in the event of the insolvency of the insurer. In its previous comments, the Committee requested the Government to indicate how the payment of compensation for occupational accidents is guaranteed in the event of the insolvency of the insurer, despite preventive measures; whether mechanisms have been established to protect workers’ claims in the event of the insolvency or dissolution of insurers; and to what extent and in what manner the State could intervene to take the place of insurers to compensate for such losses.

The Committee notes that according to the Government, pursuant to sections 5(I) and (XIIIbis) and 56 of the Retirement Savings Systems Act (LSAR) of 1996, the National Commission for the Retirement Savings System is responsible for taking all the necessary measures to protect workers’ interests. It further notes that in accordance with sections 26 and 27(II), in conjunction with section 2(VI) of the Insurance and Financial Institutions Act (LISF) of 2013, insurance institutions or mutual societies may provide the insurance deriving from social security laws. The Committee also notes that the IMSS may enforce payment of social security contributions through the administrative enforcement procedure, while intervention by other bodies responsible for providing the pensions required by the IMSS means that the legal basis for life annuities and survivors’ benefits is set out in the Social Security Act, the LSAR and the LISF. The Committee further notes that, in accordance with the LISF, insurance institutions are required to constitute reserves and special funds for each of the social security schemes, and that the trustees of the trusts include the Federal Government. The Committee requests the Government to indicate whether, insofar as investment companies administered by insurers are concerned special funds and reserves exist to guarantee the solvency of the insurance institutions whether the State assumes responsibility for the compensation of workers in the event of insolvency of insurers, and to indicate the relevant provisions of the national legislation that so provide.

Part III (Sickness benefit), Article 18 of Convention No. 102. Limitation of the period of provision of sickness benefit. In its previous comments, the Committee noted the Government’s indication that, under section 37 of the Act on the ISSSTE, sickness benefits are paid for a period ranging from 30 to 120 days, depending on the seniority of the worker concerned. Recalling that pursuant to the Convention, the benefit shall be granted throughout the contingency, while authorizing the period during which the benefit is paid be limited to 26 weeks in each case of sickness, the Committee requested the Government to indicate the measures taken or envisaged to ensure compliance with this requirement of the Convention.

In this regard, the Committee notes that according to section 37 of the Act, the financial aid may continue for up to 78 weeks (52 weeks initially, and 26 weeks subsequently). This section 37 also states that workers with under one year of service may be granted leave of up to 30 days; those with between one to five years of service, up to 60 days; those who have between six and ten years of service, up to 90 days; and those who have more than ten years of service, up to 120 days, of which half are paid in full, with the second half at 50 per cent. If, at the expiry of the leave, the worker remains incapacitated for work, he or she shall be granted unpaid leave for the duration of the incapacity, for up to 52 weeks from its onset and, during the period of unpaid leave, the Institute shall pay the worker the cash equivalent of 50 per cent of the basic wage he or she was receiving at the moment of the incapacity, extended by 26 weeks if the incapacity continues. Taking into account the average number of benefits provided, the Committee requests the Government to specify whether the maximum sickness subsidy of 78 weeks’ duration is guaranteed after the expiry of the sick leave for all the above groups of workers affiliated to the ISSSTE, irrespective of their years of service, as well as to workers with less than one year of service.

Part V (Old age benefit), Article 29(2)(a) of Convention No. 102. Reduced pension after 15 years of contribution or employment. The Committee notes the Government’s indication, in response to the Committee’s request for information regarding the right to a reduced old-age pension after 15 years of contribution or employment, that following the reform of the LSS of 16 December 2020: (i) the 1,250 weekly contributions required for entitlement to an old-age benefit has been reduced to 1000 weekly contributions; (ii) sections 154 and 170 of the LSS, as amended, provide for a qualifying period of 1000 weekly contributions for entitlement to the old-age benefits branch, and to the guaranteed pension, approximately corresponding to 20 years of contributions: (iii) transitional section 4 of the Decree reforming the LSS provides for a transitional qualifying period of 750 weeks in 2021, corresponding to 15 years, which will be increased by 25 weeks annually so as to reach the 1000 weeks provided in section 170 in 2031.

The Committee also notes that under the ISSSTE pensions scheme (section 80 of the Act on the ISSSTE of 2007), it is possible to obtain an old-age pension having contributed for under 15 years, provided that there are sufficient resources attained in the individual account for a pension 30 per cent higher than the amount of the corresponding guaranteed pension. However, the Committee observes that the number of years necessary for the attaining the required level of resources to have a right to a pension may vary for different persons, and that the law does not guarantee the right to a reduced pension to all persons protected who have completed 15 years of contribution or employment, as required by Article 29(2) of the Convention. The Committee however notes that transitional section 10(I)(c) of the Act on the ISSSTE of 2007 provides for the possibility of obtaining an old-age pension after ten years of contributions.

The Committee also takes note of the measures indicated by the Government to reduce the number of weeks of contribution required to obtain a right to a reduced pension by the insured persons under the IMSS pension scheme with a view to apply Article 29(2) of the Convention.

The Committee requests the Government to specify whether both the ISSSTE and the IMSS pension schemes following the transitional period 2021-2022, as envisaged in the reform Decree of 16 December 2020, will guarantee a reduced old-age benefit for all affiliated workers who have completed a qualifying period of 15 years of contribution or employment. The Committee also requests the Government to provide the statistical information to demonstrate the application of Article 29 of the Convention.

Part XIII (Common provisions), Articles 71(3) and 72(2). General responsibility of the State for the due provision of benefits and for the proper administration of social security institutions and services. The Committee notes that, in response to its request to provide an actuarial evaluation of the various pension and health service schemes, the Government indicates that the ISSSTE produces annually the Financial and Actuarial Report (IFA) and the Financial and Actuarial Valuation (VFA). The Committee further notes the references to the editions for recent years provided by the Government. In addition, Government indicates Decision No. 15.1368.2019 approving the ISSSTE’s Institutional Programme 2019-2024, which provides, inter alia, for an analysis of the current state of the Institute, including an assessment of the problems, objectives and priorities. The Committee requests the Government to report the action taken for the implementation of the ISSSTE Institutional Programme 2019-2024, in light of the provisions of Articles 71(3) and 72(2) of the Convention.

Article 5, in conjunction with Article 10 of Convention No. 118. Payment of long-term benefits abroad. Taking note of the information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on the benefits provided to its own nationals and to refugees and stateless persons in the event of residence in a country with which no bilateral agreement has been concluded.

In order to provide a comprehensive view of the issues related to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine the application of Conventions Nos 131 (minimum wage) and 95 (protection of wages) together.

The Committee notes the observations of the Regional Confederation of Mexican Workers (CROM) and of the Confederation of Workers of Mexico (CTM) on the application, respectively, of Conventions Nos 131 and 95, communicated jointly with the Government’s reports.

Article 3 of Convention No. 131. Elements to be taken into consideration in determining the level of minimum wages. The Committee notes, that the CROM indicates, in its observations, that although minimum wages have been increased, they are not aligned to the increased rate of inflation and therefore are not sufficient to meet the needs of a small family. In this regard, the Committee notes the Government’s indication in its report that the amendment to section 90 of the Federal Labour Act (LFT), adopted in 2021, provides that minimum wages, or their adjusted rates, shall never be below the inflation recorded in the period taken into account. In light of this information, the Committee expects that at the next adjustment of minimum wages, so far as possible and appropriate in relation to national practice and conditions, account will be taken of both the needs of workers and their families, and of economic factors, as provided by Article 3 of the Convention.

Article 8 of Convention No. 95. Deductions from wages permitted under conditions and to the extent prescribed. The Committee notes that the CTM indicates in its observations that although the majority of employers effect payment of wages to their workers, in the informal sector, occasionally, workers receive wages with deductions that are not considered to be within the law. While noting that the Government has not responded to these observations, the Committee recalls that, in conformity with Article 8(1) of the Convention, deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award. The Committee requests the Government to provide its comments in this regard.

Article 5 of Convention No. 131 and Article 15(b) of Convention No. 95. The Committee notes the Government’s indication in reply to the Committee’s earlier comments that the alternative monitoring mechanisms, other than the labour inspectorate, provided under sections 46 and 47 of the General Regulations on Labour Inspection and the Application of Penalties, issued in 2014, are not used to verify compliance with provisions regarding wages, including minimum wages, but solely for the purpose of assuring compliance with general occupational safety and health conditions. The Government also indicates that it plans to launch the “Distintivo de Trabajo Digno” mechanism in 2021, which will recognize workplaces that can show compliance with the provisions of the LFT, including those relating to wages in general and to minimum wages in particular. The Committee requests the Government to provide detailed information on the implementation and operation of the “Distintivo de Trabajo Digno” mechanism, specifying the manner in which supervision is ensured over the effective application of the provisions relating to wage protection and minimum wage under Conventions Nos 95 and 131, respectively. It further requests the Government to continue to provide information on the measures taken by the labour inspectorate relating to minimum wage and the results achieved. Finally, the Committee requests the Government to provide information on the activities carried out by the Secretariat for Labour and Social Welfare in the area of wage protection, following the assignment in 2019 of the functions and powers of the Joint National Committee on Wage Protection, whose decree of creation was repealed that year.

The Committee notes the observations of the National Union of Workers of the Federal Roads and Bridges Access and Related Services (SNTCPF), received in 2016, as well as the observations of the Confederation of Mexican Workers (CTM) and the International Trade Union Confederation (ITUC), communicated with the Government’s report.

The Committee also notes the Government’s comments with relation to the observations of the SNTCPF, received in 2014 and 2015, regarding the need to adopt occupational safety and health (OSH) measures concerning firedamp in the extraction of coal, shale gas, natural gas and oil. The Committee further notes that the 2021 Inspection Programme, sent by the Government with its report, includes updating the OSH standards framework by amending, inter alia, Mexican Official Standard NOM-032-STPS-2008 on safety in underground coalmines. The Committee requests the Government to refer to its comments formulated in this connection regarding the application of the Occupational Safety and Health Convention, 1981 (No. 155).

Articles 4 and 6(1) and (2)(a) of the Convention. Organization and operation of the system of labour administration. National labour policy. The Committee notes that the CTM mentions, in its observations, that it is not possible to plan, organize and implement a public policy on labour administration given that the labour administration system operates according to the ideology and criteria of the incumbent government, and that the staff members contracted by that government initially lack the training necessary to carry out their functions and that occasionally the action taken by the labour administration system fails to protect workers. The Committee also notes that the ITUC, in its observations, describes labour inspection activities of the Secretariat of Labour and Social Welfare (STPS) as feeble, fragmented, and accorded little importance; while for its part, the SNTCPF states in its observations that labour inspection is proving ineffective in curbing OSH violations in mining centres (in particular in illegal or clandestine coalmines), as a result of its narrow scope, the slowness of its operation and the bureaucracy involved. In relation to these comments, the Committee notes the information provided by the Government on the adoption of the Sectoral Labour and Social Welfare Programme (PSTPS) 2020–24 and of the Inspection Programme (PI) 2021. These programmes include strategies and action in respect of labour inspection aimed at: (i) the restructuring of the labour inspectorate focusing on simplification of standards, training, the use of new technologies and stamping out corruption, to ensure compliance with the labour standards in force, with emphasis on non-discrimination and inclusion (priority strategy 4.4 of PSTPS 2020–24); and (ii) the implementation by the Directorate-General of the Federal Labour Inspectorate of the STPS of an inspection strategy focused on the country’s current needs and problems, centring inspection activities on monitoring the general working and OSH conditions of mine workers, among others (strategy 1, action line 1 of the PI 2021). The Committee requests the Government to provide detailed comments in relation to all the observations referred to above, making particular reference to the implementation and results of the strategies and actions included in the PSTPS 2020–24 and the PI 2021 (or subsequent programmes) with regard to labour inspection, as well their impact on the operation of the labour inspection as part of the system of labour administration.

Article 5. Consultation, cooperation and negotiation between the public authorities and the social partners. With regard to its previous comments on the coordination of action between the social partners and workplace safety and health committees, the Committee notes: (i) the information provided by the Government on the operation of tripartite bodies such as the national OSH consultative committee and the national consultative committee for OSH standardization between 2015 and 2020; (ii) the STPS reports from 2018–19 and 2019–20, communicated by the Government, which contain information regarding inter-institutional coordination and cooperation implemented by the STPS; and (iii) the PSTPS 2020–24 strategies and action involving cooperation between the public authorities and the social partners, as well as participation by the latter, to ensure that OSH conditions in workplaces are such as to prevent occupational accidents and diseases (strategy 4.3). the Committee requests the Government to refer to its comments made in respect of the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 10. Staff of the labour administration system. With regard to its previous comments on any measures adopted to increase the number of labour inspectors responsible for supervising OSH conditions in the mining sector, the Committee notes the information provided by the Government regarding the increase in the number of inspectors for all sectors between 2013 and 2017, which shows that there were 776 inspectors in 2013, 926 in June 2016 and 946 in June 2017. The Committee requests the Government to continue providing information on the numbers of labour inspectors, specifying how many of these are responsible for monitoring OSH conditions in the mining sector. Likewise, the Committee requests the Government to provide information, where applicable, on measures adopted or envisaged to increase the number of labour inspectors, in particular those responsible for monitoring OSH conditions in the mining sector.

The Committee notes the observations of the National Union of Workers of the Federal Roads and Bridges Access and Related Services (SNTCPF), received in 2016.

Article 4 of the Convention. Organization and operation of the labour administration system. Coordination of its functions and responsibilities. The Committee notes that, in reply to its request for information on the measures adopted to improve coordination between the state secretariats involved in inspections, the Government indicates in its report that: (i) the Secretariat of Labour and Social Welfare (STPS) maintains communication and coordination between the secretariats of the various federal entities for the purpose of collaborating within their competences in respect of inspection; and (ii) the Directorate General of the Federal Labour Inspectorate of the STPS continues to be responsible, under its 2019 statute, for setting general rules governing the conclusion of coordination and cooperation agreements in respect of labour inspection with the authorities of other federal entities and with other public and private bodies.

The Committee recalls that, following the serious accidents that have taken place in the past in the mining sector, in its previous comment it requested information on all progress made in establishing a unified directory of all enterprises in the sector, an initiative that would help reinforce inspection visits. In this connection, the Committee notes that the SNTCPF indicates in its observations that the Government does not have an adequate and efficient directory of mining enterprises that includes subcontracted enterprises, noting that registration in the directory is not compulsory and that it habitually contains incorrect information. The Committee once again requests the Government to provide information on developments in the establishment, functioning and scope of the directory of mining enterprises.

The Committee also notes the Government’s indication that, under a reform of the Federal Labour Act (LFT) adopted in 2021, various provisions on subcontracting of labour were amended to limit the practice solely to specialized activities, with a view to protecting workers’ rights and to prevent contracting enterprises from evading fiscal and labour obligations. Following the reform, section 15 of the LFT establishes that enterprises wishing to perform the abovementioned activities shall register in a public directory of specialized service or works providers, under the responsibility of the STPS. The new section 1004-C of the LFT, included as part of the reform, provides for sanctions (fines) for natural or legal persons providing subcontracting services without registering in the directory, as well as for those benefiting from the provision of services. The Committee requests the Government to provide detailed information on the impact of the operation of the directory of specialized service or works providers on the functioning of the labour administration system, including on the activities of the labour inspectorate that are part of that system and the amount of any sanctions issued against persons subcontracting services without registering in the directory. The Committee also requests the Government to inform it of whether there is any link between the directory of specialized service or works providers and the directory of mining enterprises referred to in the preceding paragraph.

Article 10. Training for the staff of the labour administration system. Material means necessary for the effective performance of their duties. In its earlier comments, the Committee requested the Government to: (1) continue to provide information on the training offered to labour inspectors, particularly on occupational safety and health (OSH) in mines and the certification provided to them; and (2) describe the means of transport and personal protective equipment available to inspection staff for the performance of their duties. In this regard, the Committee notes the information provided by the Government: (i) on the training given during 2018 in the field of OSH (including the number of training courses completed and the number of participants, with their job titles), and on the certification issued to public servants in the STPS (including in OSH in coal mines); and (ii) that emphasis is being placed on appropriate measures to ensure that the resources allocated to the STPS are used and distributed such as to guarantee the provision of more and better benefits and working tools to inspectors.

The Committee notes that the SNTCPF alleges inadequate working conditions for staff in the sub-delegation of the STPS in Coahuila State, which serves a highly critical coal-producing region. The SNTCPF states that the number of personnel and the vehicles assigned to them are insufficient, that the work spaces are inadequate, and that the inspectors lack the necessary safety equipment (self-rescue equipment) to go down the mines and therefore, for all the above reasons, the budget allocated to the sub-delegation in question should be increased. While taking note of the training courses for inspectors carried out in 2018, the Committee requests the Government to continue taking measures to provide inspectors with continuous training in the areas required by their activities. The Committee requests the Government to provide information on the specific resources at the disposal of the said personnel for the exercise of their functions, with particular reference to the sub-delegation of the STPS in Coahuila State, which is part of the labour administration system.

The Committee is raising other points in a request addressed directly to the Government.

Articles 4 and 7 of the Convention. Consideration of the national policy on occupational safety and health (OSH) and the working environment. With regard to its previous request for information on available statistics relating to the number of accidents in the mining sector, the Committee notes that the Government indicates in its report that, according to Mexican Social Security Institute (IMSS) statistics, between 2017 and 2020, almost 1.5 million occupational accidents were reported at national level, of which less than 1 per cent occurred in extraction and exploitation of underground resources (mining, oil and gas). The Government adds that the statistics are not disaggregated to show accidents specifically occurring in the mining sector. The Committee notes the general information on occupational accidents and diseases, available on the web page of the Secretariat of Labour and Social Welfare, according to which for the period between 2009 and 2019: (i) the number of occupational accidents shows a decreasing trend (395,024 in 2009; 422,043 in 2011; 415,660 in 2013; 425,063 in 2015; 410,266 in 2017; and 399,809 in 2019); (ii) the number of occupational diseases mainly shows a continuous increase (4,101 in 2009; 4,105 in 2011; 6,364 in 2013; 12,009 in 2015; 14,159 in 2017 and 13,309 in 2019); and (iii) the number of fatal occupational accidents is falling (1,109 in 2009; 1,221 in 2011; 982 in 2013; 1,133 in 2015; 993 in 2017; and 939 in 2019). In light of these statistics, the Committee requests the Government to provide information to explain the increase in the number of occupational diseases between 2009 and 2019. The Committee also requests the Government to provide information on the measures adopted or envisaged at the national level, including with respect to specific sectors (including the mining sector) to continue the periodic review of its national policy in respect of OSH, in consultation with the most representative organizations of the employers and workers, with the aim of preventing the accidents and diseases that can result from work. The Committee also requests the Government to continue to provide information on available statistics related to occupational accidents, occupational diseases and fatal accidents recorded, if possible disaggregated by year and by sector.

Article 9. Adequate and appropriate system of inspection. Adequate penalties. With regard to its earlier request for information on the number of inspections as well on the number and nature of reported violations in the mining sector, the Committee notes the information provided by the Government on the number of inspections undertaken in extractive mines (5,533 inspections), the number of workers included (258,272 workers) and the number and nature of the measures adopted (23,327 technical safety and health measures) in the 2016–18 period, making particular reference to coal mining (219 inspections undertaken, benefitting 5,258 workers and with 1,991 technical measures taken). The Committee requests the Government to continue providing information on the operation of the inspection services in relation to OSH, making particular reference to the number of inspection visits, the number and nature of infractions detected, and the number and type of measures taken (including sanctions imposed), disaggregated by year and by sector (including the mining sector).

Article 13. Protection of workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. With regard to its previous comments regarding the abolition of the requirement, included under section 343-D of the Federal Labour Act (LFT), of prior notification of, or authorization from, the joint safety and health committee for workers to be able to exercise their right to remove themselves from danger, the Committee notes that the Government considers that the notification that the worker must give under the abovementioned provision is not a prior requirement or condition for the exercise of their right to remove themselves from imminent danger, but a duty to inform the employer, so that the latter may take the necessary steps to reduce the risk. The Committee, however, recalls that section 343-D of the LFT expressly establishes that workers can refuse to provide his services if and when the joint safety and health committee identifies an imminent risk situation that could endanger their life, physical integrity or health. Thus, the provision cited does not provide the possibility for workers to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, without prior identification by the joint safety and health committee that the situation is an imminent danger to workers. Noting that section 343-D of the LFT does not give full effect to Article 13 of the Convention, the Committee once again requests the Government to adopt the necessary measures without delay, including legislative measures, to ensure that workers who deem it necessary to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences. It also requests the Government to provide information on the measures taken in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (Underground Work (Women)), 115 (Radiation Protection), 155 (OSH), 161 (Occupational Health Services), 167 (Safety and Health in Construction) and 170 (Chemicals) in a single comment.

The Committee notes the observations of the Regional Labour Confederation of Mexico (CROM) on the application of Convention No. 45 and of the International Trade Union Confederation (ITUC) on the application of Conventions Nos 155, 167 and 170 communicated with the Government’s report. The Committee also notes the observations of the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN) on the application of Conventions Nos 45 and 155, communicated with the Government’s report.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes that, in their observations, the CONCAMIN and the ITUC respectively emphasize: (i) the recent government decision to use coal in electricity production with, as a possible consequence, increased interest in producing and exploiting this mineral and thus heightening the occupational safety and health risks associated with the operation of irregular coal mines (known as “pocitos”), especially in the State of Coahuila; and (ii) the absence of joint safety and health committees in workplaces during the COVID-19 pandemic. The Committee requests the Government to provide its comments in this regard.

Legislation. The Committee notes the information provided by the Government in its report on the adoption in 2018 of Mexican Official Standards NOM-036-1-STPS-2018 and NOM-035-STPS-2018 which deal respectively with ergonomic and psychosocial risk factors at work, as well as the recent incorporation into the Federal Labour Act (LFT) of Chapter XII BIS regarding telework, which contains specific OSH provisions (sections 330-B, subparagraph IV; 330-E, subparagraph IV, 330-F, subparagraph III; 330J and 330K, subparagraph I). The Committee further notes that the National Programme for Quality Infrastructure adopted in 2021, the Sectoral Labour and Social Welfare Programme 2020-2024, and the Inspection Programme of 2021, provided by the Government, all include strategies and action intended to update the OSH standards framework, under the responsibility of the Secretariat of Labour and Social Welfare. The Committee trusts that the revision of OSH standards mentioned by the Government will take account of its comments on Convention No. 155, regarding the application of ratified OSH Conventions, and all its other comments, with a view to conforming fully with the framework of OSH standards established by the said Conventions. The Committee requests the Government to provide information on all progress made in this regard.

Article 11(d) of the Convention. Conducting inquiries. The Committee notes the information provided by the Government in reply to its previous comments, on the powers of the labour inspectorate and of the national OSH tripartite consultative committee to carry out investigations and inquiries in respect of OSH, including for the purpose of reducing risks in workplaces. With reference to its comments on the application of Articles 4 and 7 of the Convention (review of the national policy and situation in respect of occupational safety and health of workers and the work environment), The Committee requests the Government to provide information, on the inquiries conducted following occupational accidents, cases of occupational diseases or any other injuries to health which arise in the course of or in connection with work and which appear to reflect situations that are serious, and to the extent possible disaggregated by years and sectors.

Article 17. Two or more employers engaging in activities simultaneously at one workplace. The Committee takes note of the Government’s communication regarding the repeal in 2021 of section 15-C of the LFT. The repealed section provided that the enterprise awarding the contract must continually ensure that the contractor providing the services fulfils the applicable OSH provisions with regard to its workers. The Committee notes, according to the information provided by the Government, this repeal took place within the framework of a reform of the LFT adopted in 2021, which aimed to prohibit the subcontracting of personnel, except in the case of specialized activities. Following the repeal of section 15-C of the LFT, the Committee requests the Government to indicate the legal provisions, or other measures, that continue to oblige enterprises that engage in activities simultaneously at one workplace to collaborate in the application of the measures provided under the Convention. Should such provisions not exist, the Committee requests that the Government adopts, within the framework of the revision of OSH standards, measures to give effect to the provisions of Article 17 of the Convention.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 3(1) and (2) of the Convention. Progressive establishment of occupational health services for all workers. The Committee once again requests the Government to provide information on the establishment in practice of preventive occupational safety and health services provided under Mexican Official Standard NOM-030-STPS-2009, in particular indicating the sectors or enterprises in which they already exist and operate, and those in which they need to be created (in the latter case, indicate the plans drawn up for the establishment of such services in consultation with the most representative organizations of employers and workers, where they exist).

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Articles 3(1), 6(2) and 7(1) of the Convention. Appropriate steps to ensure the protection of workers in the light of knowledge available at the time. Revision of maximum permissible doses of ionizing radiations. With reference to its earlier comments on the revision of the maximum permissible doses of ionizing radiations provided under the General Radiological Safety Regulations of 1988, in particular with regard to radiation to the lens of the eye, the Committee notes that the Government refers to the maximum doses set out in Mexican Official Standard NOM-041-NUCL-2013, which fixes annual limits to doses equivalent to 50 mSv and to 500 mSv for an organ or tissue (section 4.9). The Committee also notes that the Government is planning to amend the abovementioned standard through the adoption of draft Mexican Official Standard PROY-NOM-041-NUCL-2021, on annual limits of incorporation and concentrations derived in the air, section 3.7 of which refers to an annual limit equivalent to 150 mSv for the lens of the eye. The Committee observes that neither the standard to which the Government refers, nor the draft amendment, contain limits of doses to the lens of the eye applicable in light of new knowledge, nor do they refer to the limits to doses applicable to interns aged between 16 to 18 years who, in the course of their training, may be exposed to radiations. With reference to paragraphs 32 and 34 of its general observation of 2015 on the application of the Convention, the Committee requests the Government, within the framework of its revision of OSH standards, to adopt without delay measures to ensure that: (i) the dose limit to the lens of the eye is fixed at 20 mSv per year, averaged over defined five-year periods, with no single year exceeding 50 mSv per year; and (ii) with regard to interns aged 16 to 18 years of age, the effective dose limits are fixed at 6 mSv in a year, as well as the equivalent dose of 20 mSv in a year to the lens of the eye and150 mSv in a year to the extremities (hands and feet) or to the skin.

2. Chemicals Convention, 1990 (No. 170)

The Committee notes that the ITUC refers in its observations to the extensive use of hazardous substances for the health of workers engaged in mining, metal and steel working, as well as in fertilizer production. The Committee requests the Government to provide its comments in this regard.

The Committee notes the information provided by the Government on the application of the Convention in practice.

Article 4 of the Convention. Coherent national policy on safety in the use of chemicals. With reference to its earlier comments on the incorporation of the issues governed by the Convention into OSH policies developed at the state and federal levels, the Committee notes the information provided by the Government on the standards applicable to the use of chemical substances at work at national level, with particular emphasis on those that are hazardous or pollutant, as well as the adoption of a coherent national policy for the management of chemical substances, the purpose of which is to implement an appropriate and comprehensive system for handling chemical substances and products, guaranteeing rigorous protection for the health of the population and the environment from the risks associated with exposure thereto. The Committee requests the Government to provide a copy of the coherent national policy for the management of chemical substances, together with information on its implementation, describing the manner in which the most representative organizations of employers and workers have been consulted in the formulation and implementation of the said policy and the manner in which they will be consulted on its periodic review.

The Committee further notes that the Government refers to the adoption of draft Mexican Official Standard PROY-NOM-005-STPS-2017, on handling hazardous chemicals or mixtures at the workplace – safety and health conditions and procedures, amending and updating the provisions on these issues established in Mexican Official Standard NOM-005-STPS-1998 currently in force. The Committee requests the Government to provide information on all progress made in this regard.

Article 5. Prohibition and restriction on the use of hazardous chemicals or advance notification and authorisation before their use. With reference to its earlier comments as to whether there exist mechanisms to give effect to this article of the Convention, the Committee notes that the Government: (i) provides a list of pesticides the importation, production, formulation and marketing of which has been prohibited and restricted by decree in the country; (ii) indicates that it is taking action to prohibit and restrict the substances listed in the Stockholm Convention on Persistent Organic Pollutants, including the adoption of amendments to the legislation governing general import and export duty, for the purpose of prohibiting the importation of certain substances. The Committee requests the Government to list other hazardous chemicals the use of which has been prohibited or restricted, as well as the hazardous chemicals that require advance notification or authorization, specifying the competent authority in this regard.

Article 6. Systems for the classification of all chemicals. The Committee notes the Government’s indication that it intends to establish a national registry of chemicals to ensure appropriate handling, evaluation, authorization, restriction of use and disposal of hazardous substances. The Committee requests the Government to provide information on the constitution, functioning and scope of the national registry of chemicals and, if applicable, a description of the manner in which the establishment of the registry gives effect to Article 6 of the Convention.

Article 10(3) and (4). Responsibilities of employers: use of chemicals that are classified or identified and labelled or marked and maintenance of a record of hazardous chemicals used. With regard to its earlier comments on the legislation giving effect to these Articles of the Convention, the Committee notes that the Government refers, inter alia, to Mexican Official Standard NOM-018-STPS-2015, which provides for a harmonized identification and communication system for hazards and risks related to chemicals in workplaces, and which repeals Mexican Official Standard NOM-018-STPS-2000, which regulated the same areas. The Committee notes that Mexican Official Standard NOM-018-STPS-2015 provides that employers shall: (i) mark all storage units, containers, racks or storage areas where hazardous chemicals and mixtures are stocked, according to specific rules on marking (sections 6.5 and 10); and (ii) keep an updated list of the hazardous chemicals and mixtures that are handled in the workplace, which must at least include the marking and labelling of such substances (section 8.1). The Committee requests the Government to indicate the measures adopted to ensure that the list of hazardous chemicals and mixtures which must be kept by employers under section 8.1 of Mexican Official Standard NOM-018-STPS-2015, includes references to appropriate chemical data safety sheets referred to in Article 8 of the Convention, and that the list is available to the workers and their representatives.

Article 18(1) and (2). Rights of workers to remove themselves when they have reasonable justification to believe there is an imminent and serious risk to their safety and health. Protection of workers against undue consequences of such removal. With regard to its earlier comments concerning the lack of legal provisions giving effect to these articles of the Convention, the Committee notes that the Government refers only generally to the adoption of the aforementioned draft Mexican Official Standard PROY-NOM-005-STPS-2017, on handling hazardous chemicals or mixtures at the workplace – safety and health conditions and procedures. The Committee again requests the Government to adopt the necessary measures without delay, including in the framework of the adoption of draft Mexican Official Standard PROY-NOM-005-STPS-2017, to guarantee workers the right to: (i) remove themselves from any danger arising from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health; and (ii) to be protected against undue consequences of such removal. The Committee requests the Government to refer to its comments in its observation regarding the application of Article 13 (protection of workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger) of Convention No. 155.

C. Protection in specific areas of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes that the CROM, in its observations, indicates that in practice refusal to hire women to work in mines is discussed, and in most cases the decision is taken to hire men. The Committee also notes that the CONCAMIN recommends, in its observations, that the Government denounce the Convention.

The Committee recalls that the Governing Body of the ILO (at its 334th Session, October-November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to take the necessary follow-up action to actively promote ratification of updated OSH instruments including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176) and to undertake a ratification campaign in respect of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to examine the possibility of ratifying the more updated instruments in this thematic area. The Committee reminds the Government that it may avail itself of technical assistance from the Office in relation to this process.

2. Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in response to its earlier comments on Articles 16(2) (vehicles and earth-moving or materials-handling equipment, safe and suitable access ways and traffic control). Article 19(a), (b), (d) and (e). (Adequate precautions in excavations, shafts, earthworks, underground works and tunnels) and Article 21(2) (Physical aptitude necessary of persons who work in compressed air) of the Convention.

The Committee notes that, in its observations, the ITUC emphasizes that the obligation under the LFT to establish joint safety and health committees is not fulfilled in the majority of workplaces and is concerned at the incapacity of the labour inspection to cover the wide area imposed by construction work. The Committee requests the Government to provide its comments in this regard.

Article 8(2) of the Convention. Cooperation between employers or self-employed persons undertaking activities simultaneously at one construction site. With regard to its previous comments on the manner in which effect is given to this Article of the Convention, the Committee notes that the Government mentions various provisions related to the obligation for employers and workers to cooperate in OSH matters (in particular with regard to the joint safety and health committees that must be established on construction sites), that are contained in Mexican Official Standard NOM-031-STPS-2011 on construction and occupational safety and health. The Committee notes, however, that the Government does not refer to provisions contained in Mexican Official Standard NOM-031-STPS-2011, or in any other standard, that provide for cooperation in OSH between employers (or between self-employed persons) undertaking activities simultaneously at one construction site. The Committee requests the Government, including in the framework of the revision of the OSH standards, to adopt measures without delay to ensure that employers (or self-employed persons) carrying out activities simultaneously at the same construction site are obliged to cooperate in the application of the OSH measures defined in the national legislation. The Committee requests the Government to refer to its comments formulated in respect of the application of Article 17 (collaboration between two or more employers engaging in activities simultaneously at one workplace) of Convention No. 155.

Article 9. Obligation of those concerned with the design and planning of a construction site to take into account the safety and health of the workers. With regard to its earlier comments relative to the adoption of measures giving effect to this Article of the Convention, the Committee notes that the Government refers to provisions in the aforementioned Mexican Official Standard NOM-0312-STPS-2011, which only contain definitions of the contractor, constructor, construction manager and sub-contractor, and do not provide for the obligation of those responsible for the design and planning of a construction site to take into account the safety and health of workers. The Committee requests the Government to specify if, according to national practice, those responsible for the design and planning of a construction site are obliged to take account of the safety and health of the construction workers. The Committee encourages the Government, within the framework of the revision of OSH standards to examine the adoption of measures to ensure that the legislation adopted includes the abovementioned obligation.

Article 12. Right of workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health. Obligation of the employer to take immediate steps to stop the operation. With regard to its earlier comments regarding the adoption of measures to give effect to this Article of the Convention, the Committee notes the Government’s indication according to which sections 343-C (obligations of mining-sector employers) and 343-D (instances where mineworkers may refuse to provide services) could be extended to cover the construction sector under section 17 of the LFT, which provides that, where the Act or its regulations, or other standards, do not include express provisions, the provisions of the LFT regulating similar cases shall be taken into consideration. The Committee also notes that the ITUC indicates in its observations that the LFT contains no provision similar to Article 12 of the Convention and that sections 343-C and 343-D of the Act do not refer to construction workers but to mine workers, who represent a minority comparted to the total number of workers. Noting that the abovementioned provisions of the LFT do not give effect to Article 12 of the Convention, the Committee requests the Government to adopt the necessary measures without delay to: (i) ensure that the legislation makes provision for and establishes the right of all workers to whom the present Convention is applicable to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health; and (ii) to give effect to the obligation of employers to take immediate steps to stop the operation and, if necessary, evacuate workers where there is an imminent danger to their safety. The Committee requests the Government to refer to the comments it has formulated in its observation on the application of Article 13 (protection of workers that remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger) of Convention No. 155.

Article 20(1). Good construction of cofferdams and caissons. Article 22. Design and construction of structural frames and formwork to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure. Article 23. Work done over or in close proximity to water. With regard to its earlier comments on the manner in which the legislation gives effect to these Articles of the Convention, the Committee notes the Government’s indication that the national legal system does not contain specific provisions referring to the good construction of cofferdams and caissons. The Committee requests the Government to provide information on the manner in which the application of the following Articles of the Convention is guaranteed in practice: Article 20(1) (on good construction of cofferdams and caissons), Article 22 (on the design and construction of structural frames and formwork to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure), Article 23 ( on work done over or in close proximity to water).

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020), as well as the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), forwarded with the supplementary information. The Committee also notes the observations of the Autonomous Confederation of Workers and Employees of Mexico (CATEM), the International Confederation of Workers (CIT) and the Regional Confederation of Mexican Workers (CROM), forwarded with the Government’s report.

Article 1 of the Convention. Pay gap. In its previous comments, the Committee requested the Government to adopt measures to reduce the gender pay gap. The Committee notes the Government’s indication that: (1) a new Government of Mexico Minimum Wage Policy 2018-24 has been adopted and sets out among its principal objectives the reduction of income inequality, including the gender income gap; (2) the increase in the minimum wage is having positive effects in reducing the gender pay gap as more women workers than men are paid the minimum wage; (3) in May 2019, the National Minimum Wage Board (CONASAMI) submitted a proposal to fix a minimum wage for domestic work (according to the information provided by the Government, nine out of ten workers in this sector are women); (4) Mexican Standard NMX-R-025-SCFI-2015 on Labour Equality and Non-Discrimination (NMX) has been adopted, which establishes a certification process for work units that implement labour equality and non-discrimination practices (including in relation to wage equality); (5) between 2016 and 2019, a series of events and workshops were held to explain the requirements of the NMX and to promote the certification of public and private work units; and (6) in the context of the cooperation programme between the European Union and Latin America (EuroSocial+), a series of activities have been undertaken to promote exchanges on good practices for the implementation of the NMX. With regard to the impact of these measures, the Committee notes that the Government: (1) indicates that the National Employment and Occupation Survey (ENOE) published by the National Institute of Statistics and Geography (INEGI) makes it possible to measure the gender pay gap; (2) provides detailed data on fluctuations in the gender income gap (indicating, for example, that between 2005 and 2019, the gap between the real average income of men and women has varied little, and was 5.4 per cent in 2018, and that the gap between the average hourly wage fell by 4.5 percentage points, as in 2005 the average income of women was 6.2 per cent lower than that of men compared with 1.7 per cent below that of men in 2019); and (3) reports in its supplementary information that as a result of the increase in the minimum wage the gender pay gap in the Northern Border Free Zone fell by 24.88 per cent to 22.25 per cent. The Committee also observes that the Government refers to the Family Responsible Business Award and reports that certain objectives are being addressed to end labour inequality between men and women, although women’s unpaid work is one of the principal obstacles to achieving equal conditions on the labour market. The Committee also notes the allegations by the CROM in its observations that the participation of women in the labour market has increased, but that the large pay gap has not disappeared. According to the CROM, women lose out on opportunities because they cannot leave aside family responsibilities and that the strengthening of public policies to increase the prevalence of equal remuneration must be jointly promoted through social dialogue. The Committee also notes the emphasis placed by the CIT on the importance of enforcing the legislation on equal remuneration. It further notes the proposal by the CATEM of changes to the Finance Act to establish a tax incentive for enterprises to obtain certification of good practices in relation to equal remuneration. The Committee requests the Government to continue making every possible effort to measure and reduce the gender pay gap.

Article 3. Objective job evaluations. In its previous comments, the Committee requested the Government to provide information on the adoption of a system for the objective evaluation of jobs to determine remuneration rates in the public and private sectors. With reference to the private sector, the Committee notes the Government’s indication that, following the reform of the Federal Labour Act in 2019, section 280bis provides for the fixing of the minimum occupational wages of men and women rural workers, taking into account the nature, quantity and quality of the work, the physical effort and the wages and benefits received in establishments and enterprises engaged in producing agricultural products. With regard to the private sector and certification under the NMX, the Committee also notes that: (1) there are “critical” criteria for certification (which are essential to obtain it) and “non-critical” criteria (not essential, but relevant for the assessment); (2) the Government’s indication that the criteria include criterion No. 7 respecting the guarantee of equal wages, which is assessed through a verification of the establishment of job evaluation criteria for the determination and increase of wages without discrimination; and (3) the CAT refers to criterion No. 3 respecting personnel recruitment and selection processes, and the Committee observes that this criterion includes evaluation of the existence of a schedule of jobs and a scale of wages indicating minimum and maximum levels for the various levels of recruitment. The Committee requests the Government to: (i) clarify whether, for the purposes of NMX certification, it is ascertained that work units make use of techniques for the evaluation of different jobs with a view to determining their value and that these techniques are based on objective factors of comparison (such as skills, effort, responsibilities and working conditions), particularly within the framework of certification criteria Nos 3 and 7; and (ii) provide information on the application of section 280bis of the Federal Labour Act. The Committee once again requests the Government to provide information on the wage-fixing system in the public sector, and to specify whether it includes a mechanism for the objective measurement and comparison of the relative value of the various jobs, including the measures adopted to ensure that the determination of these wages is free from gender bias.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020), as well as the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), forwarded with the supplementary information. The Committee also notes the observations of the Autonomous Confederation of Workers and Employees of Mexico (CATEM), the International Confederation of Workers (ITC) and the Regional Confederation of Mexican Workers (CROM), forwarded with the Government’s report.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee noted that section 86 of the Federal Labour Act provides that there shall be equal pay for equal work performed in the same post, the same working day and conditions of efficiency, and it requested the Government to take the necessary measures to give full legislative effect to the principle of the Convention. The Committee notes the Government’s reference in its report to many legislative changes to integrate the principle of gender equality into the legislation (which are examined in greater detail by the Committee in its direct request on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)), although it observes that these changes have not modified section 86 of the Act. The Committee recalls that the legislation should not only provide for equal remuneration for “equal”, “the same” or “similar” work, but should also address situations where men and women perform different work that is nevertheless of the same value (General Survey on the fundamental Conventions, 2012, paragraph 679). The Committee once again requests the Government to take measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value as set forth in the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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.

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, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations of the Autonomous Confederation of Workers and Employees of Mexico (CATEM), the International Confederation of Workers (CIT) and the Regional Confederation of Mexican Workers (CROM), forwarded with the Government’s report. Finally, the Committee also notes the observations of the Independent Trade Union of Men and Women Workers of the Government of the State of San Luis de Potosí (SITTGE), received on 6 December 2016, in addition to those sent in 2015 and September 2016.

Article 1(1)(a) of the Convention. Grounds of discrimination in the legislation. In its previous comments, the Committee observed that the Federal Labour Act of 1 April 1970 did not explicitly cover discrimination on grounds of race, colour, national extraction or political opinion. The Committee notes the Government’s indication that: (1) section 1 of the Federal Act to prevent and eliminate discrimination (LFED) of 11 June 2003 includes the following grounds of discrimination: “(…) ethnic or national origin, skin colour, culture, (…) physical appearance, (…) opinion, (…) political identity or membership, (…)”; and (2) the criterion of “ethnic origin” is considered to include race and being an indigenous person; the criterion of “national extraction” is considered to include foreign nationality; the criterion of “physical appearance” is considered to include colour; and the criterion of “opinion” is considered to include “political views”.

Discrimination on the basis of political opinion and social origin. The Committee notes that the SITTGE has been alleging acts of discrimination based on political opinion and social origin in the State of San Luis de Potosí against its members working in the security sector, as they were treated as “trusted workers” in comparison to other workers who carry out the same administrative functions but belong to unions (among other acts, it alleges differences of treatment, including the imposition of extensive working hours, sudden changes in times when work finishes, submission to monitoring and confidence tests, harassment to perform activities other than those related to the worker’s job and disciplinary procedures when the workers concerned defend their labour rights, and dismissal and transfer procedures). The SITTGE also claims that the prejudice to its members constitutes discrimination on political grounds and alleges that membership of the SITTGE, as opposed to other unions, to be the assumption of a political opinion. The Committee notes that, in its response to the SITTGE’s observations, the Government indicates that the persons concerned have the status of members of the security and custody forces, even if they do not carry out operational functions, and that these posts are granted with special investiture, as they are public servants carrying out acts of authority. The Government adds that within the security and custody personnel there are administrative categories with training in police matters, and that, being at the service of the general interest, their work cannot be limited to a specific and reduced working day as is the case with union-based personnel. Thus, the Government states that there is no similarity in between the functions of basic personnel and security and custody personnel that could justify discrimination. Likewise, the Government indicates that the two persons affected were removed from their posts, and that one of them went to court where different bodies rejected the claim.

Discrimination on the basis of race and colour. The Committee notes with interest that the Decree of 9 August 2019 “adding part C to Article 20 of the Political Constitution of the United States of Mexico” has amended the Political Constitution to recognize Afro-Mexican peoples and communities among the pluri-cultural composition of the nation. The Committee also notes: (1) the Government’s indication that the Plan of Action of Mexico in relation to the International Decade for People of African Descent (2015–24) has been prepared; (2) in 2019, the National Institute for Indigenous Peoples (INPI) was created; and (3) the National Indigenous Peoples Programme 2018–24 was approved. While welcoming this progress, the Committee also observes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that Afro-Mexican people and communities and indigenous peoples continue to face discrimination, high levels of marginalization and social exclusion (CERD/C/MEX/CO/18-21, 11 September 2019, paragraphs 16 and 17). The Committee requests the Government to continue to make every effort to address discrimination against Afro-Mexican peoples and communities and indigenous communities, including through the Plan of Action for Mexico in relation to the International Decade for People of African Descent. The Committee also refers to its comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Discrimination on the basis of sex. In its previous comments, the Committee requested the Government to clarify the scope of section 2 of the Federal Labour Act, which provides that substantive equality “presupposes access to the same opportunities, taking into consideration biological, social and cultural differences of women and men.” The Committee notes the Government’s indication in its report that this section applies to all labour relations, but does not clarify whether in practice it allows differences of treatment between men and women workers on grounds of “biological, social and cultural differences of women and men”. The Committee recalls that sex discrimination includes distinctions based on biological characteristics, as well as unequal treatment arising from social constructed roles and responsibilities assigned to a particular sex (gender). The Committee requests the Government to clarify whether differences of treatment between men and women workers are allowed taking into consideration “biological, social and cultural differences of women and men”.

Sexual harassment. The Committee notes the Government’s reference to sections 3 and 994 of the Federal Labour Act among those “establishing the legal concept of sexual harassment”. The Committee observes that: (1) section 3 bis of the Federal Labour Act defines harassment as “the exercise of power in a relationship of the real subordination of the victim with regard to the aggressor in the work context, which takes the form of verbal or physical acts, or both”, and sexual harassment as “a form of violence in which, even if there is no subordination, there is an abusive exercise of power which involves a state of defencelessness and risk for the victim, irrespective of whether it occurs on one or several occasions”; and (2) section 994 of the Federal Labour Act establishes the penalty of a fine “from 250 to 5,000 measurement and updated units [21,750 to 430,000 Mexican pesos] for an employer who engages in any discriminatory act or behaviour in the workplace; [and] who engages in acts of sexual harassment or who tolerates or permits acts of sexual harassment against workers …”. The Committee also: (1) notes with interest the amendments made to the Federal Labour Act by the Decree of 1 May 2019 “amending, adding and repealing various provisions of the Federal Labour Act, the Basic Act on the Judicial Authorities of the Federation, the Federal Act on the Office of the Public Defender, the Act respecting the Institute of the National Housing Fund for Workers and the Social Security Act in relation to labour justice, freedom of association and collective bargaining”, establishing the requirement for employers to “implement, in agreement with the workers, a protocol to prevent gender discrimination and to address cases of violence and sexual harassment …” (section 132 of the Federal Labour Act); and (2) observes that the Government, in its supplementary information, refers to action to promote the adoption of a Model Protocol to prevent, address and eradicate violence at work and the publication of the Protocol to identify, assist and support users of the Office of the Federal Labour Prosecutor (PROFEDET) in cases of sexual/labour harassment. The Committee requests the Government to provide information on the application in practice of the legislation and protocols against workplace harassment (number of complaints made and cases detected, number of penalties imposed and compensation, information on the decisions of the relevant bodies, the effectiveness of the protocols adopted, etc.).

Discrimination on the basis of pregnancy. In its previous comments, the Committee requested the Government to provide information on the application in practice of sections 56 and 133 of the Federal Labour Act, which prohibit employers from requiring certificates that women are not pregnant to obtain or keep a job, or for promotion, and from dismissing or from directly or indirectly forcing a woman to resign because of pregnancy. In its report, the Government indicates that, between 2016 and 2017, the National Council for the Prevention of Discrimination (CONAPRED) received 217 complaints relating to the ground of pregnancy. The Committee also notes the amendments made to the Federal Labour Act in 2019, as a result of which court investigation services can require employers to refrain from cancelling the registration with the social security institution of a pregnant woman worker who has been dismissed (section 857 of the Federal Labour Act). The Committee requests the Government to provide information on the application in practice of the legislation against discrimination relating to pregnancy (number of cases detected and complaints made, penalties imposed and compensation, information on the decisions of the relevant bodies, etc.).

Article 1(1)(b). Discrimination on grounds of age. In its observations, the CROM indicates that, following application of the Act on austerity in the Republic (of 19 December 2019), it is estimated that 300,000 jobs have been cut in Government bodies, and that the redundancies mostly affect men and women workers over the age of 50 and with 20 years of experience. The Committee requests the Government to provide its comments in this regard.

Women domestic workers. In its previous comment, the Committee requested the Government to provide information on the access to justice of women domestic workers who are victims of discrimination in employment and occupation. The Committee notes with interest the legislative reforms made through the Decree of 2 July 2019 “amending, supplementing and repealing certain provisions of the Federal Labour Act and the Social Security Act”, which the Government indicates provide legal security for domestic workers, and it notes the ratification of the Domestic Workers Convention, 2011 (No. 189). While noting this progress, the Committee observes that the CERD, in its concluding observations, expressed concern at the multiple forms of discrimination affecting Mexican indigenous women, Central American migrant workers and Mexican women of African descent, and particularly those working in domestic service, who are victims of violations of their labour rights, resulting in labour exploitation (CERD/C/MEX/CO/18-21, 11 September 2019, paragraphs 24 and 32). The Committee requests the Government to provide information on the impact of the recent legislative reform (and the other measures adopted) with a view to the elimination of discrimination in employment and occupation against women domestic workers, and to facilitate their access to justice.

Article 2. National equality policy. The Committee notes the Government’s indications in its reports and supplementary information that: (1) the anti-discriminatory approach of the Federal Act to prevent and eliminate discrimination (LFPED) must be incorporated in public policies; (2) the National Development Plan (PND) 2019–24 has been adopted, which provides that the Government “shall promote equality as a guiding principle”; (3) the National Programme for Equality and Non-discrimination (PRONAIND) 2019–24 has been drawn up with the objective of “removing accepted discriminatory practices in various key areas for the governance, welfare and development of society, with priority being given to vulnerable social groups”; and (4) the Labour Responsibility Award (DRL) has been developed. The Government also refers to Mexican Standard No. NMX-R-025-SCFI-2015 on labour equality and non-discrimination (NMX), which establishes a process of certification for work units that implement labour equality and non-discrimination practices (the Government explains in its supplementary information that, as of 20 August 2019, a total of 408 workplaces have received certification and that work has begun on analysing the NMX with a view to assessing the transition to an Official Mexican Standard on equality and non-discrimination). The Committee requests the Government to provide updated information on its national equality policy and, more specifically, on the impact of the measures taken for the implementation of the National Programme for Equality and Non-discrimination (PRONAIND) 2019–24.

National policy and measures to promote gender equality. The Committee notes with interest that, through the Decree of 6 June 2019 “amending Articles 2, 4, 35, 41, 52, 53, 56, 94 and 115 of the Political Constitution in relation to gender parity”, new provisions were included in the Political Constitution of the United States of Mexico on the principle of gender parity in popular elected office and appointment to high-level public positions of responsibility. The Committee also notes the Government’s indication that: (1) a call has been issued for a citizen’s consultation for the development of the National Programme for Equality of Opportunity and Non-discrimination against Women (PROIGUALDAD) 2019-24; and (2) between 2016 and 2018, a total of 1,377 awards were issued under the Family Responsible Enterprise Award (DEFR) for workplaces adopting good equality practices. The Committee also notes that the National Institute for Women (INMUJERES) established a Programme for the Strengthening of the Gender Mainstreaming Approach (PFTPG). The Committee requests the Government to provide information on: (i) the preparation of PROIGUALDAD 2019–24; and (ii) the impact of the Plan and of PFTPG 2020 on gender equality, including updated statistical data on the participation rates of men and women in education, training, employment and occupation, disaggregated by jobs and occupational categories, in both the private and public sectors, as well as the informal economy. The Committee also requests the Government to continue providing information on the measures adopted to promote the labour market participation of women, particularly in areas where their participation level is lowest.

Enforcement. The Committee notes the Government’s indication, in relation to labour inspection, that: (1) as from 2014, the Instruction on worthy and decent work that is healthy and free from violence has been implemented with the objective (among others) of ascertaining the application of the principle of non-discrimination; (2) the labour inspection services ensure that discrimination does not exist in work units; (3) with reference to training for inspectors, between December 2012 and May 2016, six courses were held on human rights, with the participation of 634 persons, and four courses on worthy and decent work, with 1 159 participants; and (4) the General Directorate of the Federal Labour Inspectorate (DGIFT) does not have information on inspections undertaken between July 2016 and August 2019 in relation to the present Convention. The Committee notes that the Inspection Programme 2019 (which indicates that one of the national priorities is to promote and guarantee access to decent work without any type of discrimination) does not include strategies or action to combat discrimination. The Committee therefore requests the Government to continue providing information on the activities of the labour inspection services in this area, including the number of complaints made to the labour inspection services and cases of discrimination that they have detected, and on the action taken in such cases, etc.). In its previous comment, the Committee requested the Government to assess the efficiency of discrimination procedures within the framework of the CONAPRED. The Government indicates in its report that CONAPRED has issued decisions against private employers, including in cases of discrimination relating to the refusal of access to employment and the continued employment of workers for reasons of health and age. The Committee requests the Government to provide information on the number of complaints made to the National Council for the Prevention of Discrimination (CONAPRED), with an indication of the reasons for the complaints and the action taken as a result (compensation and penalties).

Access to justice. The Committee notes the modifications made by the Decree of 1 May 2019 “amending, supplementing and repealing certain provisions of the Federal Labour Act…” to improve the handling of cases of discrimination in the field of labour, and particularly that: (1) the conciliation authority shall take measures to prevent the presumed victim of discrimination and the person or persons who are accused of the discriminatory acts from meeting or being in the same place (section 684-E of the Federal Labour Act); (2) the exemption from the requirement to exhaust conciliation mechanisms in cases of disputes relating to discrimination in employment and occupation (section 685ter of the Federal Labour Act); and (3) the court investigation services can take the necessary measures to prevent the removal of fundamental rights, such as social security, where there are grounds for the reasonable suspicion, appearance or presumption of discrimination (section 857 of the Federal Labour Act). The Committee also notes the indication by the Government and by CATEM that the Office of the Federal Labour Prosecutor (PROFEDET) has a platform for the provision of better and more information on equality, non-discrimination and human and labour rights. The Committee requests the Government to provide information on the impact of this reform of the Federal Labour Act on access to justice in relation to discrimination in employment and occupation, with an indication of the number of cases dealt with (subject to conciliation or by the courts), the compensation granted and sanctions imposed. The Committee also requests the Government to provide information on the impact of the information and guidance provided through the PROFEDET platform.

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 has examined the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019. The Committee also notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT) referring in general terms to the application of the Convention, which were forwarded by the Government with its supplementary report received in September 2020.

Articles 2 to 5 of the Convention. Policy to promote the granting of paid educational leave. The Committee notes the detailed information provided in the Government’s 2019 report. The Government refers to modifications introduced on 1 June 2016 by the “Decree reformulating, supplementing and repealing various provisions of the General Education Act”, amending sections 10 and 45 of the Act. According to the Government, both provisions establish that “the institutions of the national education system shall impart education in such a way as to allow the learner to be fully included and to participate in society and in due course to develop a productive activity which also allows the worker to study”. Moreover, in its supplementary information, the Government refers to the implementation of the Sectoral Labour and Social Welfare Programme, 2019–2024, published in the Official Bulletin of the Federation of Mexico on 13 December 2018. The Government indicates that the Programme envisages measures to: strengthen the acquisition of skills by workers through the provision of remote courses as well as of courses attended in person; disseminate and promote the current provisions on skills acquisition and training; and propose strategies to promote skills acquisition by workers. The Government also refers to the adoption of measures with a view to promoting skills acquisition by workers, such as the provision of advisory services in various entities at the federal level with a view to promoting compliance with employers’ legal requirements in relation to the skills improvement, training and productivity of workers, and the implementation of the Workers Distance Learning Programme (PROCADIST), which offers free virtual training. The Committee notes that, from 1 January 2016 to 30 June 2020, through PROCADIST, training was provided to 409,476 users (44 per cent women and 56 per cent men). The Committee also notes the detailed statistical data provided by the Government in its 2019 and 2020 reports with regard to the number of workers who benefitted from training, certification and skills improvement between 2017 and 2019 through the various training programmes. The Government adds that, between 2013 and 2018, a total of 33,254 labour inspections were carried out to verify compliance with the rules on the granting of scholarships, literacy and the promotion of cultural and sporting activities. The Government adds that, as a result of these inspections, 98,315 measures were adopted for the benefit of 3,002,430 workers. However, the Committee notes that the Government has not provided information on the formulation and implementation of a policy to promote the granting of paid educational leave. The Committee therefore requests the Government to provide detailed and updated information on the formulation and implementation, in collaboration with the social partners, of policies to promote the granting of paid educational leave for the purpose of training at any level, as well as for general, social, civic and trade union education, in accordance with Article 2 of the Convention, and to provide the respective texts. The Committee also requests the Government to include documentation, such as reports, studies and statistical data, as a basis for assessing the application of the Convention in practice.

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 also notes the observations of the Confederation of Employers of the Mexican Republic (COPARMEX) and the Authentic Workers' Confederation of the Republic of Mexico (CAT), incorporated in the Government’s reports in 2019 and 2020, respectively.

Articles 1 to 4 of the Convention. Education and training policies and programmes. In its previous comments, the Committee requested the Government to provide information on results achieved under the various plans and programmes implemented with regard to vocational guidance and training. The Committee notes the supplementary information provided by the Government indicating that the Employment Support Programme (PAE), attached to the National Employment Service, developed four subprogrammes in 2019: job placement services; support for employability training; self-employment promotion; and internal labour mobility. The Government reports that, in 2020, the PAE plans to carry out three subprogrammes: (i) labour intermediation (including a labour exchange and employment portal); (ii) labour mobility of agricultural day workers (which includes the Mexico–Canada temporary agricultural workers programme); and (iii) employability training. The latter is provided at the request of and in consultation with employers who require trained staff. The Committee also notes that the Government reports on the adoption of the rules of procedure of the Ministry of Labour and Social Welfare, which set out the powers and competences of the National Employment Service and various provisions relating to the development of human resources in administrative career posts. The Committee also notes the adoption of the General Act on the professional teachers’ service, which sets forth the criteria, terms and conditions for entry, promotion, recognition and retention in the teaching service. In addition, under the decree of 11 September 2019, amendments and additions were introduced to the General Act on education and an Act was adopted on special education and early education, including for persons with disabilities. The Government also reports on the amendment of the legislation on access to science and technology, aimed at promoting the development of research and technological degree paths and the use of new information technologies in education. In addition, the website of the Labour Observatory, which is also attached to the National Employment Service, provides guidance to young people on technical and vocational studies. The Committee notes the statistical information provided by the Government on the beneficiaries of the programme and subprogrammes. The Government also provides information on the training to access and remain in the public administration and on the number of beneficiaries of the training. In its observations, the CAT reports that, because of collective bargaining, education and training have become general principles at the workplace. The CAT also considers that education and training paid for by the employer should be extended to a greater number of workers.

The Committee also notes the Skills-Based Human Resources Training Programme (PROFORHCOM) 2014–2021 of the Ministry for Public Education, whose main objective is to increase the employability of technical education graduates, taking into account labour market demands and the interests of young people. The programme provides support to higher secondary education for the technical baccalaureate and technical vocational baccalaureate, and in employment training centres. The programme is implemented through various institutions, such as the Centres for higher secondary technical education, the National College of Technical Vocational Education (CONALEP) and the General Directorate for Employment Training Centres (DGCFT). It thus aims to strengthen the national skills system by improving the National Council for Labour Skills Standardization and Certification (CONOCER) to enable it to strengthen labour productivity and guide labour training. The Committee notes that under this programme, as of 30 June 2019, 64,802 teachers had been trained, and 43,570 grants for vocational work experience, 7,125 grants for dual training, 13,890 job training grants (CAPACITA T) and 3,137 grants for entrepreneurs had been awarded, among others; 84 degree courses were updated and various studies were conducted to strengthen productive sectors and build skills in the energy, aerospace, telecommunications, electrical and electronic sectors. The Committee also notes the establishment in 2017 of the Education Innovation Network (RIE360), aimed at achieving coordination between academic and higher education institutes to improve university programmes and take better account of current needs and technological innovations. The Committee requests the Government to continue providing updated information on the policies, laws and administrative regulations adopted that include specific provisions on vocational guidance and training, and on their impact. The Committee also requests the Government to provide information on the systems for general, technical and vocational education, and educational and vocational guidance, to allow for an overview of the occupational guidance and training systems. In addition, the Committee requests the Government to describe how effective coordination is ensured between the occupational education and training policies and programmes developed by the Ministry of Education and the Ministry of Labour and Social Welfare, or other relevant body on the one hand, and employment and public services on the other hand.

Article 3. Young persons and persons with disabilities. The Committee notes the “Young People Building the Future” programme, targeting young persons between 18 and 29 years of age who are not studying or working. The programme comprises two components: education for young people who wish to pursue university studies, and employment training linking young persons with workplaces where they receive training and mentoring for one year. Under the programme, monthly grants are awarded to young persons to enable them to receive one year’s training in enterprises, public institutions and social organizations, where they are trained in skills development to enable them to transition into the world of work. The beneficiaries also receive medical insurance from the Mexican Social Security Institute, which covers accidents, illness, maternity benefits and occupational risks for the duration of the programme. The Committee requests the Government to continue providing information on the training programmes that specifically target young persons, specifying whether and to what extent they are also accessible for persons with disabilities. It also requests the Government to provide statistical information on the beneficiaries of such programmes disaggregated by sex, as well as information on how access for women to technical and scientific degrees is promoted.

Article 5. Cooperation with the social partners and dual vocational training. The Committee notes Agreement N 06/0615, establishing the dual training system as an educational option in higher secondary education. The Commission notes with interest that COPARMEX works with educational institutions and enterprises within the framework of such dual training, in particular with further technical education colleges and technological universities. In its observations, COPARMEX indicates that, in such training, particular account is taken of the influence of technology on productive processes, mechatronics and prospects for the “fourth industrial revolution”, and its impact on employment. The Committee notes that, according to the Mexico country profile on TVET, presented to UNESCO and prepared with support from CONALEP, this dual education programme is being developed in collaboration with the German Federal Institute for Vocational Education and Training in 11 economic sectors. The Committee requests the Government to provide supplementary information on the functioning and impact of the dual education system and the economic sectors in which it is being developed. In addition, it requests the Government to forward information on any cooperation that exists between workers’ and employers’ organizations in the formulation and implementation of vocational guidance and training policies and programmes.

Occupational education and training during the COVID-19 pandemic. In the context of the global COVID-19 pandemic, the Committee recalls the guidance provided under the Human Resources Development Recommendation, 2004 (No. 195). The Committee invites the Government to provide information on the impact of the pandemic on vocational education and training in Mexico and on the measures and best practices adopted by the Government and the social partners (for example, innovative tools for remote training and continuous learning) to confront the current challenges, and how equality of opportunity and treatment has been ensured in such circumstances.

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 is examining the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019.

The Committee notes the observations of the Employers' Confederation of the Mexican Republic (COPARMEX), included in the 2019 Government’s report. It also notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), communicated by the Government in its supplementary report, received in September 2020.

In the context of the COVID-19 global pandemic, the Committee recalls the extensive guidance provided by international labour standards. The Committee encourages the member States to participate in tripartite consultations and in a wider social dialogue as a sound basis for formulating and implementing effective responses to the profound socio-economic effects of the pandemic. The Committee invites the Government to provide in its next report updated information on the measures taken in this respect, in accordance with the guidance provided in Article 4 of the Convention, as well as paragraphs 3 and 4 of Recommendation no. 152, including the measures adopted to build the capacity of constituents and reinforce tripartite mechanisms and procedures, and also on the challenges and good practices that have been identified.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government on the tripartite consultations held during the period covered by the report on all matters related to international labour standards covered by Article 5(1) of the Convention. However, the Committee observes that the Government has not provided information on the outcome of these consultations. In this context, the Committee notes the observations made by COPARMEX, in which it asserts that it is necessary for the Government to supply more detailed information to the social partners regarding the reasons why the ratification of a specific Convention is or is not envisaged. COPARMEX adds that, in this way, the social partners could express opinions with greater precision and consistency in relation to the Convention in question and the country’s views on this matter. In this regard, the Committee recalls that “in order to be ‘effective’, consultations must take place before final decisions are taken, irrespective of the nature or form of the procedures adopted. […] The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions” (see 2000 General Survey, Tripartite consultation, paragraph 31). The Committee notes the indication by the CAT that it has participated in various committees established within the framework of the International Labour Conference for the discussion of new Conventions and Recommendations. The CAT adds that it has participated in the preparation of reports on ratified Conventions and indicates its desire to also participate in tripartite consultations on the other matters covered by Article 5(1) of the Convention. The Committee requests the Government to provide detailed, up-to-date information on the specific content, frequency and outcome of tripartite consultations held on all matters related to international labour standards covered by Article 5(1) of the Convention. The Committee also requests the Government to send its reply to the observations made by COPARMEX. It further requests the Government to indicate whether consultations have been held with the social partners regarding the manner in which the functioning of the procedures required by the Convention might be improved, so that the social partners have all the necessary information far enough in advance to formulate their opinions before a final decision is taken on the matter under consultation, in particular concerning unratified instruments (Article 5(1)(c) of the Convention).

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 has examined the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 3), as well as the information at its disposal in 2019.

The Committee also notes the observations of the International Confederation of Workers (CIT), the Regional Confederation of Mexican Workers (CROM), the Autonomous Confederation of Workers and Employees of Mexico (CATEM), the Confederation of Employers of the Mexican Republic (COPARMEX) and the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN), included in the Government’s 2019 report. The Committee further notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), which refer in general terms to the application of the Convention and were forwarded by the Government with its supplementary report, received in September 2020. Lastly, the Committee takes note of the Government's response to the 2015 observations of the Independent Trade Union of Men and Women Workers of the Government of the State of San Luis Potosí (SITTGE), which arrived too late to be examined.

Article 2 of the Convention. Implementation of vocational rehabilitation and employment policies for persons with disabilities. In reply to the Committee’s previous comments, the Government refers to the implementation of the National Programme of Work and Employment for Persons with Disabilities (PNTEPD) 2014–18. The Government indicates that PNTEPD working groups were set up and these met on 30 occasions between 2014 and June 2018. Their activities included the production of a catalogue of programmes and services for persons with disabilities, awareness-raising activities on their rights carried out by the National Human Rights Committee (CNDH) for government staff in the states of Guerrero and Tamaulipas, and the quantification of persons with disabilities in the federal public administration. The Government states that between July 2016 and June 2018 a total of 5,176 public servants with disabilities were working in the public sector (of these, 2,566 had a sensory disability, 2,255 had a physical disability, 297 had a mental disability and 58 had an intellectual disability). The Government adds that various policies and programmes implemented under the PNTEPD and their impact were evaluated by 32 state follow-up committees in meetings between September 2016 and June 2017 with a view to improving their scope in favour of persons with disabilities. Moreover, the Committee notes the promulgation on 20 July 2016 of the standard entitled: “Safety conditions for access to and performance of activities for workers with disabilities in workplaces” (NOM-034-STPS-2016). The new standard establishes a set of obligations for employers who hire persons with disabilities, such as: analysing whether the job is compatible with the worker’s disability; adapting workplaces with over 50 workers to include facilities that enable access for workers with disabilities; and carrying out the necessary adjustments to facilities, procedures and jobs.

The Committee also notes the formulation of the “Assessment of the situation of persons with disabilities in Mexico” by the Ministry of Social Development in May 2016, which, according to the National Council for the Evaluation of Social Development Policy (CONEVAL), highlights the fact that in 2014 the poverty rate among persons with disabilities was 54.1 per cent, compared with a national general poverty rate of 46.2 per cent. Furthermore, the extreme poverty rate among persons with disabilities was 12.7 per cent, while it was 9.6 per cent for the country as a whole. In its observations, the CATEM points out that, according to information from the Impunidad Cero (zero impunity) organization, in 2017 only 39.1 per cent of persons with disabilities were in employment and these earned 66.5 per cent less than workers without disabilities. The Committee requests the Government to continue providing up-to-date, detailed information on the nature and impact of the measures taken or envisaged to promote employment opportunities for persons with disabilities, including mental or intellectual disabilities, in the open labour market, in both the public and private sectors.

Article 3. Promoting opportunities in the open labour market. The Committee notes the information provided by the Government concerning the measures implemented to promote opportunities in the open labour market for persons with disabilities, and also their impact. Among other measures, the Government refers specifically to the implementation of the “Opening spaces” strategy, under which the National Employment Service (SNE) provides various services to promote the employability of persons with disabilities, such as job placement, training for work, and measures to promote training opportunities proposed by the education sector and enterprises. In its supplementary report, the Government indicates that, between July 2016 and June 2020, support was provided to 117,363 men and 72,668 women with disabilities, of whom 45,980 found employment. The SNE also conducted awareness-raising campaigns between January 2016 and December 2017, in which advice was provided for 2,493 employers, business chambers, civil society organizations and trade unions on the tax benefits granted to entities that hire persons with disabilities.

The Government also indicates that over 59 million pesos were invested in 372 productive projects for organizations in the social sector of the economy or which involved persons with disabilities through the “Programme to promote the social economy” implemented by the National Institute for the Social Economy (INAES). Furthermore, the Government indicates that, between January 2016 and November 2018, a total of 1,712 workplaces received the Gilberto Rincón Gallardo inclusive enterprise award, which is given to workplaces that apply labour practices involving equal opportunities and the inclusion of persons in vulnerable situations, such as persons with disabilities. Moreover, CATEM and COPARMEX refer to the implementation of tax incentives for companies that hire persons with disabilities, such as a 100 per cent deduction of income tax for those persons. In its observations, CROM asserts that joint measures should be taken by the social partners and the Government to promote the inclusion of workers with disabilities in workplaces. CONCAMIN indicates in its observations that there is a need to continue implementing programmes to enable the placement of persons with disabilities in jobs, and also to introduce incentives for companies that hire persons with disabilities. Lastly, the Committee notes that the Government has not included any information in its report on the application of the quota system in practice. Nor has the Government provided the requested statistical information on the participation of persons with disabilities in the open labour market. The Committee therefore requests the Government to continue sending up-to-date, detailed information on the impact of measures taken to promote the vocational rehabilitation of persons with disabilities in terms of creating job opportunities for such persons in the open labour market. The Committee also once again requests the Government to provide up-to-date information on the application of the quota system and its impact. Moreover, it once again requests the Government to provide statistical information on the participation of persons with disabilities in the labour market, disaggregated by sex, level of education and type of disability.

Article 4. Effective equality of opportunity and treatment. The Committee notes with interest the adoption on 12 July 2018 of the Decree amending, adding and abrogating various provisions of the General Act for the Inclusion of Persons with Disabilities. The Decree introduces section 4(1), which provides that persons with disabilities enjoy all of the rights established under the Mexican legal system, without any distinction as to ethnic or national origin; gender, age or stature; economic, social or health status; religion, opinion, civil status, sexual preference, pregnancy, political identity, language, migration status; or any other characteristics. The stated purpose of the anti-discrimination measures is to prevent a person with a disability from being treated directly or indirectly in a less favourable manner than a person without a disability in a comparable situation. However, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESC), in its concluding observations of 17 April 2018, expressed concern at the persistent discrimination faced by specific groups and the fact that there no appropriate policies to combat the multiple discrimination faced by certain groups, such as indigenous women with disabilities (E/C.12/MEX/CO/5-6, paragraph 18). Furthermore, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 25 July 2018, expressed concern at the limited access to the formal labour market for migrant, indigenous and Afro-Mexican women and women with disabilities (CEDAW/C/MEX/CO/9, paragraph 39(e)). The Committee also notes that CATEM states that, according to the Impunidad Cero organization, men with disabilities have twice as many possibilities of securing employment as women with disabilities. The Committee requests the Government to provide up-to-date, detailed information on the measures taken or contemplated to ensure effective equality of treatment between workers with disabilities, including those from indigenous communities, and other workers. The Committee also requests the Government to provide detailed information on the impact of such measures.

Article 8. Services in rural areas and remote communities. The Committee requests the Government to provide detailed information on employment and vocational guidance and training services proposed to persons with disabilities, including those proposed by the SNE to persons living in rural areas and remote communities.

COVID-19. In the context of the COVID-19 global pandemic, the Committee recalls the extensive guidance provided by international labour standards. In this regard, the Committee draws the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which constitutes a guide for the formulation and implementation of measures in areas such as education, vocational training and rehabilitation, and employment to provide an effective response to the profound socio-economic effects of the pandemic. By way of example, the Committee draws the Government’s attention to Paragraph 7(h) of Recommendation No. 205, which provides that in taking measures on employment and decent work in response to crisis situations, Members should take into account the need to pay special attention to population groups and individuals who have been made particularly vulnerable by the crisis, including, but not limited to, persons with disabilities. The Committee requests the Government to provide up-to-date information in its next report on the impact of the COVID-19 global pandemic on the implementation of vocational rehabilitation and employment policies and programmes for persons with disabilities.

Comments adopted by the CEACR: Mexico

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A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

2. Occupational Health Services Convention, 1985 (No. 161)

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

2. Chemicals Convention, 1990 (No. 170)

C. Protection in specific areas of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

2. Safety and Health in Construction Convention, 1988 (No. 167)

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Comments adopted by the CEACR: Mexico

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A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

2. Occupational Health Services Convention, 1985 (No. 161)

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

2. Chemicals Convention, 1990 (No. 170)

C. Protection in specific areas of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

2. Safety and Health in Construction Convention, 1988 (No. 167)

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