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

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 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.