Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Labour Administration Convention, 1978 (No. 150) - Mexico (Ratification: 1982)

The Committee notes the observations of the National Union of Workers of the Federal Roads and Bridges Access and Related Services (SNTCPF), received in 2016.

Article 4 of the Convention. Organization and operation of the labour administration system. Coordination of its functions and responsibilities. The Committee notes that, in reply to its request for information on the measures adopted to improve coordination between the state secretariats involved in inspections, the Government indicates in its report that: (i) the Secretariat of Labour and Social Welfare (STPS) maintains communication and coordination between the secretariats of the various federal entities for the purpose of collaborating within their competences in respect of inspection; and (ii) the Directorate General of the Federal Labour Inspectorate of the STPS continues to be responsible, under its 2019 statute, for setting general rules governing the conclusion of coordination and cooperation agreements in respect of labour inspection with the authorities of other federal entities and with other public and private bodies.

The Committee recalls that, following the serious accidents that have taken place in the past in the mining sector, in its previous comment it requested information on all progress made in establishing a unified directory of all enterprises in the sector, an initiative that would help reinforce inspection visits. In this connection, the Committee notes that the SNTCPF indicates in its observations that the Government does not have an adequate and efficient directory of mining enterprises that includes subcontracted enterprises, noting that registration in the directory is not compulsory and that it habitually contains incorrect information. The Committee once again requests the Government to provide information on developments in the establishment, functioning and scope of the directory of mining enterprises.

The Committee also notes the Government’s indication that, under a reform of the Federal Labour Act (LFT) adopted in 2021, various provisions on subcontracting of labour were amended to limit the practice solely to specialized activities, with a view to protecting workers’ rights and to prevent contracting enterprises from evading fiscal and labour obligations. Following the reform, section 15 of the LFT establishes that enterprises wishing to perform the abovementioned activities shall register in a public directory of specialized service or works providers, under the responsibility of the STPS. The new section 1004-C of the LFT, included as part of the reform, provides for sanctions (fines) for natural or legal persons providing subcontracting services without registering in the directory, as well as for those benefiting from the provision of services. The Committee requests the Government to provide detailed information on the impact of the operation of the directory of specialized service or works providers on the functioning of the labour administration system, including on the activities of the labour inspectorate that are part of that system and the amount of any sanctions issued against persons subcontracting services without registering in the directory. The Committee also requests the Government to inform it of whether there is any link between the directory of specialized service or works providers and the directory of mining enterprises referred to in the preceding paragraph.

Article 10. Training for the staff of the labour administration system. Material means necessary for the effective performance of their duties. In its earlier comments, the Committee requested the Government to: (1) continue to provide information on the training offered to labour inspectors, particularly on occupational safety and health (OSH) in mines and the certification provided to them; and (2) describe the means of transport and personal protective equipment available to inspection staff for the performance of their duties. In this regard, the Committee notes the information provided by the Government: (i) on the training given during 2018 in the field of OSH (including the number of training courses completed and the number of participants, with their job titles), and on the certification issued to public servants in the STPS (including in OSH in coal mines); and (ii) that emphasis is being placed on appropriate measures to ensure that the resources allocated to the STPS are used and distributed such as to guarantee the provision of more and better benefits and working tools to inspectors.

The Committee notes that the SNTCPF alleges inadequate working conditions for staff in the sub-delegation of the STPS in Coahuila State, which serves a highly critical coal-producing region. The SNTCPF states that the number of personnel and the vehicles assigned to them are insufficient, that the work spaces are inadequate, and that the inspectors lack the necessary safety equipment (self-rescue equipment) to go down the mines and therefore, for all the above reasons, the budget allocated to the sub-delegation in question should be increased. While taking note of the training courses for inspectors carried out in 2018, the Committee requests the Government to continue taking measures to provide inspectors with continuous training in the areas required by their activities. The Committee requests the Government to provide information on the specific resources at the disposal of the said personnel for the exercise of their functions, with particular reference to the sub-delegation of the STPS in Coahuila State, which is part of the labour administration system.

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