Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Mexico

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1955)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1973)

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.