National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition Part IV (Wages), Articles 24–35. The Committee notes the Government’s indications that the minimum wage is universally applicable and in 2013 stood at between 61.38 and 64.76 pesos (MXN) (about US$5) per day for different geographical areas. The Committee requests the Government to refer to its comments made under Articles 1 and 3 of the Minimum Wage Fixing Convention, 1970 (No. 131). Part XI (Labour inspection), Articles 71–84. The Committee notes the statistical information provided by the Government for the 2008–12 period. It notes in particular the sharp increase in the cases of work involving children under 14 years of age reported by the labour inspectorate (712 in 2012 compared to five cases in 2011 and 16 cases in 2010). The Committee also notes the Government’s indications that the programme for agricultural day labourers, launched by the Government in 1990, provides economic and food aid for children and promotes access to education. The Committee notes in particular that in 2012 more than 69,361 bursaries totalling more than MXN26 million (about US$2 million) were paid to 28,270 children. Noting that the employment of children on plantations remains widespread across the country, the Committee requests the Government to provide further information on the impact of initiatives relating to child labour on plantations and to indicate any additional measures contemplated in this regard. Part XII (Housing), Articles 85–88. The Committee notes the Government’s reference to section 283 of the Federal Labour Act, as amended by the Decree of 30 November 2012, which obliges the employer in general terms to provide plantation workers with suitable accommodation according to the size of their families and the number of dependants, to keep the accommodation in good condition, and to provide workers with water and sanitary facilities during the working day. The Committee recalls once again that the Convention requires minimum standards and specifications for accommodation (e.g. construction materials to be used, minimum size of accommodation, layout) to be laid down. The Committee therefore requests the Government to keep the Office informed of any measures envisaged to lay down minimum standards and specifications relating to the accommodation of plantation workers.
Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. The Committee notes the detailed information provided by the Government concerning the Employment Support Programme (PAE) and the Internal Job Mobility Programme for the Agricultural Sector (SUMLI-Agricultural Sector), previously called the Economic Assistance for Job Mobility Programme (SAEMLI). It notes, in particular, that the SUMLI-Agricultural Sector has benefited 1.5 million workers since 2002. Furthermore, the Committee notes the adoption of the Decree of 18 January 2008 approving the Sectoral Labour and Social Welfare Programme 2007–12, one of the main objectives of which is the development of strategies for taking care of agricultural labourers and their families. The Committee requests the Government to continue providing information concerning: (i) any programmes established for migrant workers and their impact on their working conditions; and (ii) the types of plantations on which they are employed.
Part IV (Wages), Articles 24–35. Further to its previous comments on this point, the Committee notes that, in 2008, the minimum wage for agricultural workers stood at between 49.50 and 52.59 pesos (around US$4) per day according to geographical area, which may be increased by collective agreement. In this regard, the Committee notes the revision of the framework agreement concerning the sugar, alcohol and related industries, concluded in November 2008 between the trade union for the sugar sector and the National Sugar and Alcohol Industries Chamber (CNIAA), which provides, inter alia, for a wage increase of 4.5 per cent. It also notes that this framework agreement contains a plan for the modernization of the sugar industry which would result in a new wage increase for workers who have participated in the vocational training offered. Furthermore, the Committee notes that, according to the results of the national employment and occupation survey (ENOE), 1.5 million workers receive the minimum wage and that the above framework agreement is applicable to 43,000 workers who, in 2007, received a minimum wage which was 16 per cent higher than the general minimum wage. With regard to the purchasing power of plantation workers, the Committee notes, according to statistics published by the Ministry of Labour and Social Security and the Institute of Statistics and Geography (STPS-INEGI), that their purchasing power increased by 1.1 per cent in 2007. The Committee requests the Government to continue providing information concerning the minimum wage rate applicable to the agricultural sector.
Part X (Freedom of association), Articles 62–70. The Committee requests the Government to refer to the comment sent to it in 2009 under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).
Part XI (Labour inspection), Articles 71–84. Referring to the Sectoral Labour and Social Welfare Programme 2007–12 mentioned above, the Committee notes that one of the main objectives of that programme is to promote and supervise the application of the labour legislation, in particular by increasing the number of inspections relating to health and safety and working conditions and by providing labour inspectors with specialized training. Noting the Government’s intentions with regard to the strengthening of the inspection services and the improvement of their training, the Committee would like to receive specific statistical data concerning the inspections carried out in plantations, detailing, for example, the number of inspections carried out, the nature of violations reported and the penalties imposed.
Part XII (Housing), Articles 85–88. Noting the Government’s reference to section 283 of the Federal Labour Act, the Committee recalls that, under Article 86 of the Convention, the minimum standards and specifications of the accommodation to be provided for plantation workers shall be laid down by the appropriate authority and shall include specifications concerning: (a) the construction materials to be used; (b) the minimum size of accommodation, its layout, ventilation, and floor and air space; and (c) verandah space, cooking, washing, storage, water supply and sanitary facilities. The Committee therefore requests the Government once again to indicate the measures taken or envisaged to lay down minimum standards and specifications relating to the accommodation of plantation workers.
Part XIII (Medical care), Articles 89–91. Further to its previous comment, the Committee notes the information provided by the Government concerning the number of agricultural workers covered by the Mexican Institute of Social Security (IMSS), which stood at 455,126 in 2007. It also notes the information concerning the medical services available to plantation workers and the Official Mexican Standards (NOM) relating to: (i) health and safety conditions in agricultural activities involving the use of fertilizer and pesticides (NOM-003-STPS-1998); and (ii) the safety conditions concerning agricultural tools, equipment and installations (NOM-007-STPS-2000). Furthermore, the Committee understands that a programme has been set up to assist workers suffering from addictions under the framework agreement concerning the sugar, alcohol and related industries. The Committee requests the Government to keep the Office informed of any new initiatives in this area and to provide information on the impact and results achieved under this programme.
Part V of the report form. Application in practice. The Committee notes the detailed information provided by the Government concerning: (i) the collective agreements signed in the sugar industry; (ii) the number of employers’ and workers’ organizations established in the sector; (iii) the proportion of the gross domestic product generated by agriculture; and (iv) the number of agricultural workers. The Committee requests the Government to continue providing general information on the application of the Convention, in particular official studies on the social and economic conditions prevailing on plantations and any other information which would enable the Committee to better assess whether plantation workers enjoy living and working conditions which are in conformity with the provisions of the Convention.
The Committee takes note of the information contained in the Government’s reports.
Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee notes the information supplied by the Government to the effect that an employment support programme (PAE) is being conducted and its objectives include the provision of economic assistance to 20,000 agricultural labourers with a view to supporting internal labour mobility (SAEMLI) and economic assistance for external labour mobility (SAEMLE) to benefit an average of 3,000 workers participating in the programme for temporary Mexican migrant agricultural workers in Canada. The Committee requests the Government to keep it informed of developments in these two initiatives. It also asks the Government to provide information on the engagement and recruitment of migrant workers, both national and foreign, indicating the number of these labour migrants, their conditions of work and the types of plantation in which they are employed.
The Committee recalls that in its last direct request on Convention No. 169, it referred, inter alia, to the recruitment and conditions of employment of migrant indigenous workers recruited under the enganche system, and to the working conditions of indigenous migrant labourers. While noting that Mexican law does not treat indigenous workers separately from workers in general, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that these workers are effectively protected.
Part IV (Wages), Articles 24 to 35. The Committee asks the Government to provide information on all minimum wage rates applying to workers in plantations. Please indicate in particular the number of workers in plantations who are covered by statutory minimum wage rates, and the number of those covered by minimum wages fixed by collective agreement, as well as the incidence, in terms of a basic basket of goods, of the current minimum wage on the purchasing power of the workers.
Part X (Freedom of association), Articles 62 to 70. The Committee notes from the statistical information supplied by the Government that 15 collective agreements in the agricultural sector were registered in 2003. The Committee requests the Government to provide copies of the above agreements in so far as they apply to plantation workers. The Government is also requested to refer to the Committee’s comments of 2003 under Convention No. 87.
Part XI (Labour inspection), Articles 71 to 84. The Committee asks the Government to indicate the measures adopted or envisaged to ensure that labour inspection bodies actively supervise compliance with labour standards in plantations. The Committee also requests the Government to provide statistical information on the inspections conducted in plantations, including violations of labour standards (hours of work, wages, safety and health, employment of minors, etc.) and the penalties imposed.
Part XII (Housing), Articles 85 to 88. The Committee asks the Government to indicate the measures adopted or envisaged to encourage the provision of adequate housing accommodation for plantation workers, and to provide information on the results of any consultations held on this matter with the organizations of employers and workers concerned. Please also state whether minimum standards and specifications have been set for the housing accommodation of plantation workers.
Part XIII (Medical care), Articles 89 to 91. The Committee notes the Regulations on social security in rural areas, published in the Diario Oficial of 30 June 1997. The Committee also notes the statistical information supplied by the Government on rural workers insured under the Mexican Institute of Social Security (IMSS). The Committee notes that, according to the statistics supplied by the Government, the number of permanent insured workers in the agricultural and livestock, silviculture, hunting and fishing sectors, registered in the IMSS, fell from over 426,000 in 1997 to approximately 347,000 in 2003. The Committee requests the Government to state the reasons for the drop in the number of workers insured, and to indicate the position of workers who no longer have IMSS coverage. The Committee requests the Government also to state whether there are standards governing medical services for plantation workers, in view of the health risks inherent in work involving the use of pesticides and other highly toxic products, particularly in tobacco and coffee plantations.
Part IV of the report form. The Committee requests the Government to provide general information in its next report on the practical application of the Convention, for example: (i) statistical information on the number of enterprises and workers covered by the Convention; (ii) copies of the collective agreements applying to the sector; (iii) number of organizations of workers and employers that exist in the sector; (iv) official studies on the social and economic conditions in plantations, and any other information enabling the Committee to ascertain whether plantation workers enjoy living and working conditions that are consistent with the provisions of the Convention. Lastly, the Committee asks the Government to provide additional information showing the importance of the plantation sector for the national economy, for instance, in terms of gross domestic product, exports, or the economically active population.
The Committee has noted the information provided by the Government in its report.
The Committee has noted, in particular, the statistics relating to insured workers and permanent employees paying contributions in the major sector of economic activity (the plantations sector), together with the temporary workers insured between 1992 and 1996.
The Committee invites the Government to continue to provide information on the progress made in applying the Convention.