Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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.