Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Mexique (Ratification: 1952)

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The Committee notes the information provided by the Government in its report, including the attached statistical data. In addition, the Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) on matters related to the application of the Convention, and also the reply sent by the Government to the Office. The Committee also notes the comments of the Confederation of Business Chambers of Industry (CONCAMIN) reiterating its previous comments that the Federal Labour Act establishes the principle of equal remuneration without distinction on the basis of sex or other grounds.

The Committee once again asked the Government in its last comment to indicate whether it is considering setting out in the legislation the principle laid down in Article 2 of the Convention. The Committee regrets to note that the Government, merely reiterating the statement made in previous comments, replies that article 123 of the Political Constitution of the United States of Mexico and section 86(VII) of the Federal Labour Act, establish the right to equal pay for equal work performed in equal jobs, hours of work and conditions of efficiency, without taking into account either gender or nationality. As the Committee has indicated repeatedly to the Government, the provisions of the Constitution of Mexico and the Federal Labour Act do not apply in full the principle set out in the Convention. The Committee reminds the Government that the Convention goes beyond the reference made in the national legislation to "equal remuneration" for "equal work" and also refers as an element of comparison to the concept of work of "equal value". As the Committee noted in its previous comments, the wording of the national legislation is inadequate for the application of the principle of equal remuneration to work which is of equal value but of a different nature. The Committee once again reminds the Government that in order for the legislation to be in conformity with the Convention, it should give expression to the principle of equal remuneration for work of equal value.

The Committee is addressing a request directly to the Government on other points.