Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Wage Fixing Convention, 1970 (No. 131) - Mexico (Ratification: 1973)

Other comments on C131

Direct Request

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Articles 1 and 3 of the Convention. System of minimum wages – Periodic review and adjustment of minimum wages. The Committee notes the detailed information provided by the Government regarding the evolution of minimum wage rates in the period 2007–12, the working methods of the National Minimum Wage Commission (CONASAMI) for the annual revision of the minimum wage, and the possible improvements in the minimum wage-fixing process currently under consideration.

In particular, the Committee notes that the general minimum wage applicable as from 1 January 2012 was 62.33, 60.57 and 59.08 Mexican pesos (MXN) (approximately US$4.8, 4.7 and 4.6 respectively) a day in the three geographical areas of the country, while higher occupational minimum wage rates have been determined for 70 categories of workers. In addition, the Committee notes that the Technical Directorate of CONASAMI is responsible for conducting appropriate studies and analyses to allow the Council of Representatives of CONASAMI to fix minimum wages. To this end, the Technical Directorate examines variations in the cost of living, looking at family needs, either material (e.g. housing, food, clothes and transport), social and cultural (e.g. sports or attending to cultural activities) or needs related to the education of children.

According to the Government’s report, CONASAMI takes also into consideration studies and reports presented by workers’ and employers’ organizations, and makes a balanced analysis of the economic situation on the basis of indicators such as the price index, productivity and employment, the public finances, monetary and financial policy, balance of payments, oil market, tourism, foreign investment and external debt. As regards the ongoing work of the Advisory Committee for the Modernization of the Minimum Wage System, the Committee notes the information that among the changes that are being envisaged is the possible replacement of the three regional minimum wage rates by a single generally applicable minimum wage, and the discontinuation of using the minimum wage as a reference for the calculation of various benefits, contributions and fines.

The Committee notes that minimum hourly wages, as percentage of the average wage, are the lowest among OECD countries representing less than 20 per cent of the average wage. The Committee also notes that, according to a study of the National Autonomous University of Mexico (UNAM) published in August 2012, the purchasing power of the minimum wage fell by 79 per cent in the last 25 years and by 43 per cent between 2006 and 2012. A similar observation is made in the ILO’s 2011 Labour Overview. The Committee also notes that, according to the abovementioned UNAM study, the minimum wage appears to cover at present approximately 34 per cent of the basic food family basket (canasta alimenticia recomendable). The Committee finally observes that according to the 2012 National Labour Force Survey, approximately 7 million out of 48 million employed persons – or more than 14 per cent of the total workforce – earn “up to one minimum wage”. Recalling that the fundamental purpose of minimum wage fixing should be to provide workers with decent levels of wages to ensure the satisfaction of their basic needs as well as those of their families, the Committee requests the Government to consider, in consultation with the social partners, all appropriate measures with a view to protecting the purchasing power of the minimum wage in relation to a basic basket of essential consumer goods.

Part V of the report form. Application in practice. While noting the statistical information concerning the number of inspection visits in the period 2009–12, the Committee requests the Government to continue to provide detailed information on the practical application of the Convention, including inspection results and copies of official reports and studies such as activity reports of CONASAMI and the National Mixed Committee on the Protection of Wages (CONAMPROS), as well as any other official document addressing minimum wage policy issues.