Protection of Wages Convention, 1949 (No. 95) - Mexico (RATIFICATION: 1955)

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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.

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

Minimum wage

Articles 1 and 3 of Convention No. 131. Minimum wage system. Criteria to be taken into account in the fixing of minimum wage levels. In relation to its previous comments, the Committee notes the information provided by the Government in its report regarding the general minimum wage and the occupational minimum wages, particularly on: (i) the decisions issued by the Council of Representatives of the National Minimum Wage Commission (CONASAMI) making adjustments to those minimum wages between 2012 and 2017; (ii) the two special increases to the general minimum wage implemented in 2017, one known as the “independent recovery sum” (MIR), and another additional increase of 3.9 per cent (also applicable to occupational minimum wages); and (iii) the objective of the MIR, which is to contribute to restoring the purchasing power of the general minimum wage.

Monitoring system

Article 5 of Convention No. 131 and Article 15(b) of Convention No. 95. In relation to its previous comments, the Committee notes the information provided by the Government regarding the measures taken by the labour inspectorate relating to the minimum wage, the results achieved between 2013 and June 2017 regarding the annual work plans of the CONASAMI Technical Directorate for the years 2012 to 2017, and the activities carried out by the Joint National Committee on Wage Protection between 2012 and 2017. The Committee also notes that sections 46–47 of the general regulations on labour inspection and the application of penalties, issued in 2014, provide that: (i) the labour authorities may monitor compliance with the provisions of labour law through alternative mechanisms to labour inspections, which could be, inter alia, operational warnings, questionnaires, evaluations, or similar requests to provide the required information made to employers or their representatives, workers or their representatives and the members of the committees set out in the Federal Labour Act; and (ii) the labour authorities shall provide information, in the Official Gazette or the publications of the federal bodies, as appropriate, on the alternative mechanisms to labour inspection that they are implementing. The Committee requests the Government to provide information on the manner in which the alternative mechanisms to labour inspection are applied in practice, especially in relation to the monitoring of the application of the provisions on wages in general and minimum wages.

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Article 16 of the Convention and Part V of the report form. Implementing measures – Application in practice. The Committee notes the Government’s detailed information concerning the activities carried out by the National Mixed Committee on Wages Protection (CONAMPROS) as an administrative body advising workers and workers’ organizations on matters related to the protection of labour remuneration and its purchasing power. The Committee also notes the statistical data provided by the Government on the number of inspection visits carried out between 2009 and 2012 with a view to monitoring compliance with legislation on wages.

Following up on its previous comment in which reference was made to reports about abusive pay practices with respect to indigenous workers and street children, the Committee notes that the Government provides little information while expressing doubts about the Committee’s reference to the concluding observations of the UN Committee on Economic, Social and Cultural Rights or to its own comments on the application of Conventions other than Convention No. 95. In this connection, the Committee is obliged to observe that pay issues are often particularly challenging for certain categories of workers, such as migrant workers, young persons, indigenous and plantation workers, and therefore the Committee may occasionally have to address these issues in a holistic manner drawing in part upon comments made under other relevant Conventions. In so doing, the Committee makes also careful use of other sources of information, including but not limited to observations of the UN human rights treaties bodies and other official reports and studies that may be particularly pertinent or revealing. The Committee requests the Government to provide up-to-date information on any difficulties encountered in the implementation of the Convention. In addition, the Committee observes that, according to the 2012 National Labour Force Survey, 4 million out of approximately 49 million employed persons do not receive any remuneration. It accordingly requests the Government to provide further explanations on this point.

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The Committee notes the information contained in the Government’s report, in particular the adoption of the Act of 24 April 2006 establishing the National Workers’ Consumption Fund and its Regulations of 30 November 2006. The Government refers to the provisions of Part VII of the Federal Labour Law on the protection of wages and also to the General Regulations for Inspection and Application of Sanctions for Violations of the Labour Legislation (RGIASVLL) as giving effect to the requirements of the Convention. The Government adds that in the period from January 2000 to June 2007 a total of 89,467 inspection visits had been carried out but no infringements of the labour legislation in matters related to the Convention were observed.

The Committee notes, however, other sources that point at serious violations of the principles of the Convention such as the obligation to pay wages on time and in full or the obligation to pay wages, however designated or calculated, for work done or to be done or for services rendered or to be rendered. More concretely, the Committee notes that in its concluding observations of May 2006, the United Nations Committee on Economic, Social and Cultural Rights expressed concern about women and indigenous workers frequently being underpaid or not paid at all, receiving no social security benefits or paid vacations, and often working on daily contracts or as unpaid family members. In addition, the Committee notes widely diffused press reports referring to practices, allegedly endorsed by local governments, whereby thousands of minors may “volunteer” for work in private retail stores without receiving any basic remuneration for their services other than gratuities given voluntarily by customers. Such practices are reportedly in compliance with an agreement concluded between the Mexico City municipal authorities and the Supermarkets and Department Stores Association, with a view to reaching out to children at risk and offering them decent opportunities. The Committee asks the Government to provide full explanations on the exact nature and scale of the practices described above and also to indicate the measures taken or envisaged in order to put an end to situations which may be contrary to either the letter or the spirit of the Convention.

Moreover, the Committee would appreciate if the Government would provide in its next report more detailed information on the practical application of the Convention, including, for instance, copies of official studies on issues dealt with in the Convention, any difficulties experienced in implementation of the Convention, in particular in export processing zones (maquiladoras) and plantations, bearing also in mind the Committee’s latest comments regarding the application of Conventions Nos 87, 110, 169 and 182, statistics on inspection results showing the number of violations observed and the penalties imposed, and any other particulars which would give a realistic picture of the social realities in the country as regards the protection of wages and consequently enable the Committee to better understand the challenges faced and the action taken by the Government.

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The Committee notes the observations made by the National Co-ordinating Committee of Workers Dismissed from Aeronaves de México, received on 18 July 1990 and transmitted to the Government by a letter of 13 September 1990. The Committee also notes the Government's comments concerning those observations. Having examined all the documents received, the Committee has found no reason to consider that the Convention's application has been called into question in this connection.