Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report, as well as the comments of the Mexican Confederation of Chambers of Industry (CONCAMIN) and the Confederation of Mexican Workers (CTM) on the application of the Convention.

1. Trade union monopoly imposed by the Federal Act and the Constitution on State Employees. The Committee recalls that its comments have for many years referred to the following provisions of the Federal Act on State Employees and the Constitution:

(i) the prohibition of the coexistence of two or more unions in the same state body (sections 68, 71, 72 and 73);

(ii) the prohibition of a trade unionist from leaving the union to which he or she belongs (section 69);

(iii) the prohibition of the re-election of trade union officers (section 75);

(iv) the prohibition of unions of public servants from joining trade union organizations of workers or rural workers (section 79);

(v) the extension of the restrictions applicable to trade unions in general to the single Federation of Unions of Workers in the Service of the State (section 84); and

(vi) the imposition by law of the trade union monopoly of the National Federation of Banking Unions (section 23 of the Act issued section 123(B) XIIIbis of the Constitution).

The Committee welcomes Judgment No. 43/1999 of 27 May issued by the Supreme Court of Justice of the Nation on single trade unions, which sets forth as three fundamental aspects of freedom of association: (1) the right of workers to join trade unions or establish new ones; (2) freedom not to join a particular trade union or any trade union at all; and (3) freedom to withdraw from an association. Furthermore, the decision provides that the imposition of a single trade union for a government department is contrary to the right to freedom of association provided under section 123(B) X of the Federal Constitution of the Republic.

In this context, while the decision issued of the Supreme Court goes in the direction of the requirements of the Convention, the Committee expresses the firm hope that the Government will take steps to repeal or amend the legislative provisions which have given rise to its comments for many years. The Committee requests the Government in its next report to provide information on all measures adopted in this respect.

2. Prohibition of foreigners from being members of trade union executive bodies (section 372(II) of the Federal Labour Act). The Committee again regrets to note that, although it has for many years commented on this point, the Government confined itself to transmitting the CTM observations which consider that there was no contradiction with the Convention in this regard. The Committee expresses, however, the firm hope that the Government will take measures to amend the provision cited, to enable foreign workers to take up trade union office, at least after a reasonable period of residence in the country, or where reciprocity conditions exist, at least for a certain proportion of trade union officers. The Committee requests the Government to inform it in its next report of all measures taken in this respect.

3. The right to strike of employees in banking institutions belonging to the public sector. The Committee recalls that for many years it has referred to restrictions on the right to strike of employees in banking institutions belonging to the public sector (section 5 of the Act issued under article 123(B) XIIIbis of the Constitution); and in particular to the limitation of the exercise of the right to strike, through general and systematic violations of the rights set out in article 123(B) of the Constitution (section 94 of the Federal Act on State Employees). In this connection, the Committee notes the information from the CTM that workers in State banking institutions are governed by article 123(A) of the Constitution, while commercial banking is part of the private sector and, consequently, the legislation for the public sector is not applicable to these workers. The Committee again requests the Government to take steps to repeal the provisions that are contrary to the Convention so as to bring the legislation into conformity with the practice and principles of freedom of association. The Committee requests the Government to inform it in its next report on all measures adopted in this regard.

4. Right to strike of state employees. The Committee recalls that its previous comments also referred to the requirement of two-thirds of workers in the public body concerned to call a strike (section 99(II) of the Federal Act on State Employees). The Committee regrets that the Government has submitted no comments in this connection in view of the length of time it has been recalling that this requirement is excessive for public servants who do not hold positions of state authority in the name of the State, and that a simple majority of votes cast should suffice to call a strike. It requests the Government to take measures to amend the provision cited and inform it in its next report of all positive developments in this connection.