Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Equal remuneration for men and women for work of equal value. For several years, the Committee has been asking the Government to indicate whether it is considering setting out in the legislation the principle laid down in Article 1 of the Convention. In its previous observation, the Committee regretted to note that the Government, reiterating the statements made in previous comments, replied that both article 123 of the Political Constitution of the United States of Mexico and section 86(VII) of the Federal Labour Act establish the right to equal pay for equal work performed in equal jobs, hours of work and conditions of efficiency, without taking into account either sex or nationality. The Committee has repeatedly indicated that the provisions of the Constitution of Mexico and the Federal Labour Act do not give full effect to the principle set out in the Convention. It has reminded the Government that the Convention goes beyond the reference made in the national legislation to "equal remuneration" for "equal work" and has referred as an element of comparison to the concept of work of "equal value". It has also recalled that, for the legislation to be in conformity with the Convention, it has to give expression to the principle of equal remuneration for men and women for work of equal value.

2. The Committee notes that, according to the Government’s report, in the context of the Mexican Government’s "New Labour Culture", a reform of the labour legislation is being prepared to assist in promoting skills, participation and fair remuneration for workers and that draft legislation to reform the Federal Labour Act was submitted as a Bill on 12 December 2002. The Committee also notes that the Government refers to the provisions of the Federal Labour Act of 11 June 2003 which aim to prevent and eliminate discrimination, but observes that this Act does not give expression to the concept of work of equal value either. Section 9(IV) of the Act provides that the establishment of differences in remuneration, benefits and conditions of work for equal work is discriminatory conduct. However, this principle is more restrictive than the principle set out in the Convention. The Committee points out that equal remuneration within the meaning of the Convention has to be provided for work of equal value, even if the work is of a different nature or is carried out under different conditions, or for different employers. Where legislation on equal remuneration exists, it should not be more restrictive than the Convention, or inconsistent with it. The Committee therefore hopes once again that, when preparing the reform of the Federal Labour Act, the Government will take into account the Committee’s comments so as to give legislative expression to the principle established by the Convention of equal remuneration for men and women for work of equal value.

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