Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Mexique (Ratification: 1978)

The Committee notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT) and the Confederation of Workers of Mexico (CTM), communicated by the Government in its report. The Committee also notes the Government’s replies to the observations of the Confederation of Employers of the Mexican Republic (COPARMEX) in 2019, included in its report.

Articles 4 and 5 of the Convention. Effective tripartite consultations. The Committee notes with interest the detailed information provided by the Government on the tripartite consultations held during the period covered by the report on all matters related to international labour standards covered by Article 5(1) of the Convention. In this regard, the Government indicates that the social partners were consulted prior to the submission to the Senate of the Republic of the Violence and Harassment Convention, 2019 (No. 190) and its accompanying Recommendation (No. 206); as well as the Safety and Health in Agriculture Convention, 2001 (No. 184) and its accompanying Recommendation (No. 192). The Committee also notes that, in reply to the 2019 observations of COPARMEX, the Government indicates its agreement that dialogue and information are the basis for gathering more information for opinions and improving decision-making. In this regard, the Government expresses its willingness to continue working to ensure that the most relevant labour policy decisions are adopted using social dialogue mechanisms. With regard to tripartite consultations on unratified instruments (Article 5(1)(c) of the Convention), the CTM points out that these are not effective, as only the instruments are sent to the workers’ organizations, and the proposals are examined without taking into consideration their opinions during the discussions or when reports on the matter are drawn up. The CTM emphasizes that social dialogue mechanisms are needed that allow their comments, conclusions and responses to be heard. It also maintains that no support or financing is received for to the specialized training required for participants in these procedures, in accordance with Article 4(2) of the Convention. Therefore, intervention, where required, is spontaneous. It emphasizes the need for regular training for the tripartite partners with a view to ensuring their participation in consultations in a professional manner. The Committee also notes the Government’s indication that no consultations have been held with the social partners regarding the manner in which the functioning of the procedures required by the Convention might be improved, so that the social partners have all the necessary information far enough in advance to formulate their opinions before a final decision is taken on the matter under consultation. Lastly, the Committee notes the information provided by the Government regarding the tripartite consultations held prior to the adoption of various legislative initiatives and measures relating to labour, such as the reforms introduced to the legislation to regulate labour outsourcing and to transfer the jurisdictional function in labour matters from the conciliation and arbitration boards to labour courts attached to the federal judiciary and state departments judiciaries. The Committee requests the Government to continue providing detailed and updated information on the specific content, frequency and outcome of the tripartite consultations held on all issues relating to international labour standards covered by Article 5(1) of the Convention. In the light of the observations of the CTM, the Committee requests the Government to provide information on the measures adopted or envisaged with a view to building the capacity of the tripartite partners and strengthening mechanisms and procedures, in accordance with Article 4 of the Convention and paragraphs 3(3) and 4 of Recommendation No. 152. It also encourages the Government to adopt the necessary measures to hold consultations with the social partners regarding the manner in which the functioning of the procedures required by the Convention might be improved, so that the social partners have all the necessary information far enough in advance to formulate their opinions before a final decision is taken on the matter under consultation, in particular concerning unratified instruments (Article 5(1)(c) of the Convention). Lastly, the Committee requests the Government to keep it informed of the result of the consultations held with the social partners relating to the possible ratification of Convention No. 184 and Convention No. 190.