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Equal Remuneration Convention, 1951 (No. 100) - Mexico (Ratification: 1952)

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Individual Case (CAS) - Discussion: 2024, Publication: 112nd ILC session (2024)

Written information provided by the Government

In Mexico, equality for women and men is set out in article 4 of the Political Constitution of the United States of Mexico. In respect of labour, article 123(A)(VII) provides that equal wages shall be paid for equal work, without any discrimination. This provision reinforces the right to decent work, including work that respects the human dignity of workers. With reference to the requirement of equal wages for equal work, this is set out in section 2 of the Federal Labour Act. Accordingly, conditions of work based on the principle of substantive equality between women and men cannot be lower than those set out in the law, and have to be proportional to the importance of the services provided and equal for equal work, while differences and/or exclusions cannot be established on grounds of ethnic origin or nationality, sex, gender, age, disability, social condition, health conditions, religion, opinion, sexual preference, pregnancy, family responsibilities or civil status, as set out in section 56 of the Act.
The establishment of the general minimum wage and occupational minimum wages is agreed through negotiations and agreement between employers, workers and the Federal Government, which are members of the Council of Representatives of the National Minimum Wage Board. This process is undertaken while ensuring compatibility between the requirements of the labour legislation and the economic and social conditions of the country, thereby promoting equity and justice between production factors in a context of respect for the dignity of workers and their families. The proposals that the Government of Mexico makes to the social partners in respect of wages are based on technical studies which assess for their determination the economic branch or activity, and the profession, occupation or trade concerned and, in the case of wage increases, the impact of previous increases on inflation, employment, poverty, the gender gap and the macroeconomic environment.
The reduction of the gender wage gap is a Government commitment, as set out in the Sectoral Labour and Social Welfare Programme 2020–24 which, in priority objective No. 3, proposes to recover the purchasing power of minimum wages and incomes in order to improve the quality of life of workers, particularly in action point “3.1.5 Contributing to the reduction of wage gaps in some categories of the occupational minimum wage system in order to improve the purchasing power of women and youth”, within the context of strategic priority 3.1. In this regard, Mexican labour policy is based on bodies such as the National Institute of Statistics and Geography which, in its biennial survey, entitled “National Survey of Household Income and Expenditure”, provides information on fluctuations in various areas related to the income and expenditure of Mexican households, based on the publication of their occupational and socio-demographic characteristics. Among its indicators, since 2016, it has regularly published the relationship between the average income received by men and women, which allows the measurement of its evolution.
In the context of the new minimum wage policy, over the past five years, the increase in the minimum wage has reduced the gap between women and men and has supported wage equality. This is due to a higher increase in the average wages of women in comparison with the increase for men, as a higher proportion of women than of men have benefited from minimum wage increases. The latest available data, from March 2024, shows that women workers insured by the Mexican Social Security Institute saw an annual increase of 5.9 per cent in their average wages, compared with an average of 5.1 per cent for men, or a difference of 0.8 percentage points in favour of women. When compared with the beginning of this six-year period, the average wages of women have increased by 22.6 per cent and those of men by 20.5 per cent (a difference of 2.1 percentage points). The rises in minimum wages between 2019 and 2024 therefore reduced the wage gap by 27.7 per cent at the municipal level in the formal sector. The impact has been greater in municipalities in which the poorest women are resident, where the gender wage gap fell by 63.8 per cent. It was also found that the increase of 20 per cent in the minimum wage in 2023 led to an increase in the average wages of formal women workers covered by insurance, who benefited from wage rises that were 0.3 percentage points higher than those of men in the Northern Frontier Free Zone (ZLFN) and 0.6 percentage points in the rest of the country, resulting in a reduction in the wage gap of 0.5 per cent in the ZLFN and 0.6 per cent in the rest of the country.
When taking into consideration both formal and informal workers, based on the data of the National Survey of Occupations and Employment, it can be seen that the average wage of women has increased by 14.1 per cent and that of men by 13.0 per cent (a difference of 1.1 percentage points). Based on data from the National Survey of Household Income and Expenditure, the hourly wage gap in 2018 was 12.5 per cent, compared with 12 per cent in 2022, or a reduction of 0.5 percentage points. In contrast, the gender labour income gap (which includes income in addition to wages, such as bonuses, shares in enterprise earnings, overtime pay, commissions and tips) was 18.1 per cent in 2018 and 14.6 per cent in 2022, representing a reduction of 3.4 percentage points. The National Minimum Wage Board, within the context of its mandate, has followed fluctuations in the gender wage gap through studies and reports, with a view to continuing to promote a minimum wage policy which has a positive effect on the reduction of wage gaps, particularly for women with the lowest earnings.
With reference to the Mexican Standard on Labour Equality and Non-Discrimination, the Government of Mexico provides the information and tools to workplaces to promote the exercise of the labour rights of workers, such as worthy and decent work, equality of opportunity and treatment, non-discrimination and labour inclusion, among others, which make it possible to address, prevent and eradicate labour discrimination. The measures adopted to ensure its application include criterion No. 7, entitled “Guaranteeing equality of wages and the provision of staff benefits and compensation”, with a view to ensuring that workplaces have the information to establish criteria for the evaluation of jobs with a view to fixing and raising wages, without gender discrimination. Other elements include the list of jobs, categories, wages by sex and the allocation of compensation and other financial incentives in addition to those set out by law, based on transparent procedures determined by the workplace. These elements have to be established through an evidence-based process, that is documents that identify wage equality, including manuals and operating documents and/or procedures, guidelines, guides for the allocation of compensation based on performance assessment, all of which are disaggregated by wages, categories and sex. The procedures undertaken within the framework of the Standard include internal hearings and supervision, which are overseen and undertaken by both the workplace and by certifying bodies outside the Federal Government, in accordance with the applicable provisions.
With regard to progress in the revision of the Standard, it should be recalled that the Interinstitutional Council for NMX-025, composed of the Secretariat for Labour and Social Welfare, the National Institute of Women and the National Council for the Prevention of Discrimination, already has earlier work undertaken with similar aims during the presentation of the draft Standard on Labour Equality and Non-Discrimination to the Office of the Secretary for the Economy. The principal purpose is the establishment of the requirements to ensure that public, private and social workplaces, irrespective of their sector and size, integrate, implement and execute, within the context of their management and human resources procedures, practices that are free from violence, with wage equality between men and women, and without discrimination, and which promote the comprehensive development of women and men workers. With a view to completing the formal transformation of the NMX into a Standard, it is necessary to follow certain relevant normative procedures which form part of this process, including issuing the Regulations of the Act on Quality Infrastructure, which will set out the specific rules on the basis of which the Interinstitutional Council of the NMX will implement the change in this procedure.
Finally, it should be emphasized that, with a view to improving the quality of the labour environment in Mexico and ensuring compliance with national and international labour standards, on 8 March 2024, the Secretariat for Labour and Social Welfare submitted the Protocol for Labour Inspection from a Gender Perspective. The Protocol is a tool that provides guidance on the normative scope and action available to the labour authorities for the establishment of the criteria governing inspection at the workplace. The key indicators envisaged by the Protocol include the verification of wage equality between men and women, the existence of measures to prevent and combat violence and sexual harassment, as well as safe conditions of work for pregnant and nursing women. The implementation of equality and non-discrimination policies are also covered by the internal rules of workplaces. The inclusion of the gender perspective in labour inspection will make it possible to assess the situation in relation to compliance with the labour rights of women and men, and give visibility to the needs and specific action required to ensure for all women workers the effective exercise of their labour rights from a gender perspective. It will also make it possible to observe gender gaps in labour conditions with a view to the adoption of the relevant inspection measures to promote their reduction. Moreover, it is hoped that the accumulation of strategic information on labour inspection will be used to take decisions, such as the adoption and implementation of measures to ensure progress towards gender equality in the effective exercise of the labour rights of men and women.

Discussion by the Committee

Chairperson – I invite the Government representative of Mexico, Head of the Labour Policy and Institutional Relations Unit, Ministry of Labour and Social Security, to take the floor.
Government representative – I will begin this intervention by recalling Mexico’s commitment to the International Labour Organization, the standards supervisory system and the Conventions ratified by our country.
As of now, of the 191 Conventions adopted by the ILO, Mexico has ratified 82, and 10 of the 11 considered to be fundamental.
During the present administration of President Andrés Manuel López Obrador, Mexico has made substantial progress in compliance with its commitment to the elimination of discrimination in employment and occupation.
In this area, which is related to the Convention, that was ratified by our country in 1952, the Government notes that the Committee of Experts has noted on occasion the efforts made to reduce the wage gap and has noted with interest the initiatives taken by the legislative authorities to strengthen those efforts.
In consideration of this, as well as the labour reforms and the direction taken by public policy for the dignity and well-being of workers in our country, our attention is drawn to the fact that the individual case of Mexico is being examined by the Committee today.
Nevertheless, we see this as an opportunity to exchange information on the most relevant achievements and future challenges in the implementation of the commitments taken on by the Government in relation to the Convention.
As will be indicated below, the achievements are quantifiable, have been assessed and have largely been achieved through tripartite social dialogue and coordination between the various Government authorities and levels.
These results can be set out under three headings: legislative reforms, public policies and voluntary mechanisms promoted by the Government.
In that order, we will first describe the reforms adopted to the national legislation to promote equal remuneration.
As from 2019, Mexican labour legislation has endorsed full respect for the human dignity of workers and prohibits discrimination. Among other conditions, it guarantees access to a remunerative wage and respect for the collective and individual rights of workers.
In 2021, the requirement was established that the minimum wage shall be sufficient to meet the normal material, social and cultural needs of a family, and added that the annual adjustment of the minimum wage rates shall never be below the inflation rate, which has a direct impact in terms of improving the remuneration of workers.
A policy was also adopted of the gender perspective, equality and non-discrimination so as to ensure that, under equal conditions, perceptions are the same for women and men in the public service.
In 2022, provisions were included in the General Act for equality between men and women, and in 33 federal, general and secondary legislative texts guaranteeing access to the same possibilities and opportunities in the use, control and benefits derived from enterprise assets, services and resources, and in decision-making.
It should be noted that, although measures have not been finalized to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, the recent changes in the labour legislation reflect the Government’s commitment to the implementation of the principle of non-discrimination in employment and the elimination of gender gaps, and more specifically the wage gap.
This is demonstrated by the fact that dialogue is still active in Mexico to promote progress in the achievement of substantive equality in the labour market. The dialogue has resulted in an initiative for the reform of 13 laws, which has been approved by the upper chamber, and its full approval by the Congress will be sought during the second legislative period, thereby giving full expression in the national legislation to the provisions of the international instrument that we are discussing today.
This reform initiative will strengthen the existing legislation in Mexico on equality of remuneration, as already indicated, and also the principle set out in article 123 of the Constitution and sections 2 and 86 of the Federal Labour Act, which provides that “wages shall be equal for equal work, without taking the sex of the worker into account”, and discrimination is prohibited on grounds of gender for worthy and decent work.
Moreover, as indicated earlier, the Government is adopting public policies and developing activities to promote the achievement of worthy and decent work, and the elimination of gender gaps in the labour market.
Both the National Policy for Equality between Women and Men, and the National Programme for Equality between Women and Men, the establishment of gender units in Government institutions and the earmarked federal budget have promoted the inclusion of the gender perspective and equality and non-discrimination in the work of the three Government authorities and orders.
In accordance with the guiding principle of the National Development Plan “not to leave anyone behind, not to leave anyone outside”, the specific needs have been addressed of vulnerable groups from a human rights and gender intersectionality and transversality perspective.
The Government is therefore convinced that, to democratize the world of work, women must occupy central positions in the leadership of trade unions. For that reason, as part of the labour reform in relation to labour justice, freedom of association and collective bargaining, in 2019 the requirement was introduced for the executive bodies of trade unions, when first established or upon renewal, to comply with proportional gender representation.
Through the promotion of women’s participation in collective bargaining, the election of their representatives, reporting and the inclusion of the gender perspective in the life of trade unions, the development of labour is guaranteed under just and equitable conditions with a view to the elimination of gender gaps.
Similarly, during the present administration, there has been a progressive and historic increase in the minimum wage, year after year, which has had a substantive positive effect on reducing the remuneration gap between men and women.
Since 2019, general and occupational minimum wages have undergone responsible and sustained increases.
Through these increases, the minimum wage has recovered 116 per cent of its purchasing power at the national level, and 226 per cent along the northern border, benefiting workers with the lowest earnings and their families. Mexico is at the head of the world list of increases in the minimum wage.
It is important to recall that the minimum wage rate is agreed through negotiations and agreement between the representatives of employers, workers and the Federal Government. This process is carried out in a manner that ensures coherence between the provisions of the national legislation and the economic and social conditions of the country, therefore facilitating equity and justice between the factors of production, in a context of respect for the dignity of workers and their families.
The proposals that the Government makes to the social partners in relation to wages are based on technical studies evaluating the economic branch or activity, the occupation or trade and, in the case of wage increases, the impact of past wage increases on inflation, employment, poverty, the gender gap and the macroeconomic situation.
Those who have most benefited from this minimum wage policy are women:
  • Women registered with the social security system have seen their average wages rise by 5.9 per cent a year.
  • Between the end of 2018 and now, the average wages of women have increased by 22.6 per cent.
  • The increases in minimum wages between 2019 and 2024 had the effect of reducing the gender wage gap by 27.7 per cent at the municipal level in the formal sector, and it should be emphasized that the impact has been greater in municipal areas where the poorest women live, where the gender wage gap has fallen by 63.8 per cent.
  • The gender gap in income from labour, which includes income in addition to wages, such as the Christmas bonus, shares in enterprise earnings, overtime pay, commissions and tips, fell by 3.4 percentage points.
  • The increase in minimum wages has also resulted in a decrease in the working poor to the lowest level since 2007.
  • Of the 5.1 million people who escaped poverty between 2018 and 2022, some 4.1 million can be attributed exclusively to the increases in the minimum wage.
On the other hand, with a view to improving the quality of the labour situation in Mexico and ensuring compliance with national and international labour standards, on 8 March this year a Protocol was submitted on labour inspection from a gender perspective.
The key indicators covered by the Protocol include the monitoring of wage equality between men and women, the adoption of measures to prevent and address violence and sexual harassment, as well as safe conditions of work for pregnant and breastfeeding women.
Moreover, the implementation is reviewed of equality and non-discrimination policies in the internal rules of workplaces.
The inclusion of the gender perspective in labour inspection will make it possible to assess the situation in relation to compliance with the labour rights of women and men, and to give visibility to the specific needs and action to be taken to guarantee the effective exercise of the labour rights of women and men.
It will also make it possible to observe gaps in labour conditions for reasons of gender with a view to the adoption of inspection measures with a view to closing such gaps.
The integration of the gender perspective in labour inspection will make it possible to assess the situation of compliance with the labour rights of women and men, and provide visibility to the needs and specific action to be taken to ensure the effective exercise of labour rights from a gender perspective.
Finally, we refer here to voluntary measures promoted by the Government, and particularly Official Mexican Standard NMX-025 on Labour Equality and Non-discrimination, the System for the accreditation of good labour practices and decent work and the efforts made at the state level to reduce the wage gap.
Official Mexican Standard NMX-025 on Labour Equality and Non-discrimination covers public, private and social workplaces with a view to the integration, implementation and execution, in their human resources management processes, of labour equality and nondiscrimination practices. Among the requirements for certification are guaranteeing equality of wages, representation and compensation.
As of May 2024, a total of 652 workplaces had been certified, benefiting 975,049 workers, of whom 54.6 per cent are women. This data can be viewed in the National Register of Workplaces Certified under the Standard, which demonstrates the continuing certification of workplaces.
The Government is continuing to work on the revision of the Standard, based on the adaptation of the measurement methodology used in the United Kingdom of Great Britain and Northern Ireland, which has been shared with Mexico, with a view to the measurement of the wage gap using a practical and simple methodology and the development of strategies and action to narrow the wage gap in organizations.
Furthermore, during the present administration, a system has been developed for the accreditation of good labour practices and decent work, which allows workplaces to declare their level of compliance with labour standards, including equality and non-discrimination, to be certified in relation to practices which go beyond the legal requirements and to receive support for the implementation of occupational safety and health management systems. For its development and implementation, a conceptual link was development with other international standards, such as ISO 26 000 and World Bank Performance Standard 2.
In Mexico, efforts are also being made at the state level to promote and provide incentives for the implementation of practices and policies that promote a reduction in the wage gap through responsible labour labels.
In summary, the Government has taken multiple substantial forms of action in accordance with the Convention. With these results and those to come, Mexico is seeking to ensure in practice that women and men receive equal remuneration for work of equal value and that discriminatory practices are eliminated at the workplace. In this regard, we hope that the Committee will recognize in its conclusions that the progress described constitutes a case of progress in the application of the provisions of the Convention.
Finally, we should emphasize that, since it was confirmed that the case of Mexico would be examined by the Committee, we have approached the social partners, within the context of the Conference, to hear their concerns and to ensure that they are used as inputs to guide the Government’s future action.
In this regard, as a further demonstration of Mexico’s commitment to the ILO and its standards supervisory system, and our belief in social dialogue, we welcome the exchange of views in the Committee today and the possibility of ILO technical assistance.
Employer members – In the first place, we wish to thank the Government for the written and oral information provided on compliance in law and practice with the Convention. In line with usual practice, we wish to provide contextual information to assist in understanding the case.
This is the first occasion on which this case has been examined by the Committee. Mexico ratified the Convention in 1952, and the Committee of Experts has made observations on this subject on ten occasions, with the latest observations being made in 2023, in which note was taken of the Government’s reports and the observations made by employers and workers.
Before looking more closely at the comments of the Committee of Experts, we wish to place emphasis on the importance of the Convention as one of the ten fundamental Conventions. The Convention requires States to promote and, in so far as is possible, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value. In this regard, it is important to bear in mind the provisions of Article 4, which sets out the requirement for States to cooperate “as appropriate with the employers’ and workers’ organisations concerned for the purpose of giving effect to the provisions of this Convention.”
For the Employers, compliance with this Convention is of the greatest importance for the promotion of equal remuneration for men and women, and also to retain and attract talent, contribute to sustainable development and gender equality in the world of work.
In this specific case, it should be noted that the Committee of Experts refers to the application of Articles 2 and 3 of the Convention, which establish the principle of equal remuneration for men and women workers, and the objective appraisal of jobs.
In the first place, the Committee of Experts noted that section 86 of the Federal Labour Act provides that there shall be equal pay for equal work performed in the same post, the same working day and conditions of efficiency.
The Committee of Experts has recalled in this respect that the legislation should not only provide for equal remuneration for “equal”, “the same” or “similar” work, but should also address situations where men and women perform different work that is nevertheless of the same value.
In this regard, the Committee of Experts considers that this provision is not adequately reflected in Mexican legislation. More specifically, in 2020, the Committee of Experts requested the Government to take measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. In view of the above, the Employers consider it necessary to assess compliance with these Articles of the Convention in light of the whole legislative framework in Mexico.
Mexico has much legislation on the subject, which would appear to have accurately transposed the provisions of the Convention. This is seen in the first article of the Mexican Constitution (the Chapter on human rights and their guarantees), which prohibits any discrimination on a series of grounds, including gender. Similarly, article 4 provides that “Women and men shall be equal before the law”, and article 123 specifies that “there shall be equal pay for equal work, without taking into account sex or nationality”.
The constitutional framework in Mexico is sufficiently broad to give the most solid guarantees against any type of discrimination on grounds of sex, including wages.
Mexico also has the Federal Labour Act, which provides in section 2 that: “men and women workers shall enjoy substantive and material equality in relation to the employer”, and that substantive equality “consists of access to the same opportunities, taking into consideration the biological, social and cultural differences between women and men”. Section 3 of the Act provides that labour is not a commercial commodity and requires “recognition of the differences between men and women with a view to achieving their equality before the law.
For this reason, the Employers consider that Mexican legislation broadly sets out the requirement of the Convention and that it promotes equality of opportunity for men and women. Nevertheless, much remains to be done in practice for the implementation of the Convention, particularly in relation to wage equality.
According to recent information, women who work are at a clear disadvantage in respect of men, since their annual average income is 54.5 per cent lower, the third highest gender wage gap in the 37 countries that are ILO Members in the region.
According to the global gender gap index 2023, wage disparity is the second worst condition assessed in Mexico for women. In general terms, the country is in 33rd place in the global ranking which covers 146 economies. However, in relation to wage equality for similar work, it is in 117th position.
We wish to emphasize that it is not sufficient for the Government to ratify standards and include them in the legislation, if there is no effective implementation in practice giving specific and measurable results.
Second, in the recent comments made by the Committee of Experts, the Government has been requested to provide information on progress in the reform of Mexican Official Standard NMX-025 and the measures adopted for its enforcement. In this regard, we thank the Government for the information provided on the progress of the draft Standard on Labour Equality, which has still not yet been submitted to the Secretariat for the Economy, and we recall the importance of ensuring effective consultation with employers and workers for the development of a proposal that reflects genuine social dialogue.
As maintained in this Committee, the sustainability and effectiveness of labour market policies are dependent on the effective consultation of the representative organizations of employers and workers.
Finally, we recognize the abundant legislation in Mexico for the application of the Convention and the measures adopted by the Government to achieve its implementation in practice.
In particular, we note with interest the statistical information provided to the Committee. We call on the Government to make greater efforts to give effect to the Convention in practice and to continue making progress in the reduction of the wage gap between men and women.
We also request the Government to ensure that the legislative amendments and reforms that are proposed are developed through social dialogue and consultation of the most representative social partners, and to continue with the compilation of statistical data and the reinforcement of labour inspection.
Worker members – We thank the Government for the information provided to the Committee. This is the first occasion on which we have examined a case concerning Mexico in relation to the Convention. The last time we examined a case concerning the country was in 2018, in relation to the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).
We note the information provided by the Government on the approval by the Senate and the referral to the Chamber of Deputies of the draft Decree to reform 13 laws on wage equality, including:
  • section 86 of the Federal labour Act to recognize “equal remuneration for work of equal value”; and
  • section 6 of the General Act on the access of women to a life free from violence, to include in economic violence “the receipt of a low wage for equal work or work of equal value”.
Although these legislative reforms have the potential to remedy the current deficiencies in relation to the Convention, the necessary changes have not yet materialized.
Labour relations in Mexico are currently based on the principle of “equal wages for equal work”, without taking into consideration the “value of work” as a crucial factor in the determination of remuneration.
This principle is set out in the Constitution, especially in article 123(A)(VII), which envisages the principle as a guarantee for the protection of wages, and provides that “equal wages shall be paid for equal work, without taking into account sex or nationality”.
However, this provision is limited to guaranteeing similar remuneration for “equal” work, without specifying what is meant by equality, and without recognizing that gender must not influence the wage rate.
The Federal Labour Act, which fills out the minimum rights set out in the Constitution, specifies what is meant by equal work in section 86, which provides that: “there shall be equal pay for equal work, performed in the same post, the same working day and conditions of efficiency”.
It should be noted that there has not been any modification of the wording of section 86, for which reason the “value of work” is still not taken into consideration in the determination of wages.
We know the importance of the concept of work of equal value for the ILO, and I quote literally:
The “principle of equal remuneration for work of equal value”, as set out in the Preamble to the ILO Constitution, is not the same as equal remuneration for equal work. Equal remuneration for the same work limits the application of the principle of equal remuneration to work carried out by two or more persons in the same type of work and in the same enterprise.
The concept of equal remuneration for work of equal value is broader and includes situations in which men and women perform different jobs. With a view to determining whether different types of work are of the same value, work can be assessed through the application of a method of evaluation”.
Based on a literal interpretation, the Federal Labour Act is in line with the Constitutional principle of “equal wages for equal work”. However, an interpretation that takes into account the principles of the Convention would offer greater protection for men and women workers, with the wording adapted more precisely to set out the scope of the principle of equality, in line with international standards and allowing the inclusion of the “value of work” in its daily application.
Lack of knowledge of what is implied by work of equal value is very general, including employers, workers’ organizations and, regrettably, also the courts. However, as I have said, up to now no binding criteria have been adopted which faithfully reflect the provisions of the Convention.
The most common criteria for the establishment of the similarity of jobs are working hours and efficiency, even though we know that different work can have equal value irrespective of skill, effort, responsibilities and conditions of work.
Moreover, the labour authorities do not provide appropriate advice, nor do they apply these criteria in the annual determination of minimum wages or the salaries of public officials, as indicated in the Equal Remuneration Recommendation, 1951 (No. 90).
The inclusion of the specification “work of equal value” in the legislation and in the practical application of the principle of equality would make it possible to improve conditions for the effective reduction of the wage gap between men and women. And, even though the Government indicates that this gap has narrowed, analysis is still needed of the behaviour of the gap at a more disaggregated level than that set out in the Mexican report.
It is crucial that efforts are made for the introduction of the necessary changes to ensure the effective application of the Convention in Mexico.
Employer member, Mexico – Many thanks to the Government for the information that it has provided to the Committee in relation to the comments made by the Committee of Experts in its latest report. These comments amount to no more than a paragraph, which appears on page 750 of the Spanish version.
We note with interest the reference to article 123 of the Constitution which, by the way, dates from 1917 and was the first to elevate social guarantees linked to work and social welfare to constitutional status. Before the Convention under discussion had even been drafted, the Constitution contained protection for equal remuneration, with article 123(VII) providing that “there shall be equal pay for equal work”. Just a few years later, the words “without taking into account sex or nationality” were added.
Clearly, such protection is guaranteed by law, specifically in the Federal Labour Act, to which previous speakers have referred. I wish to emphasize, however, that the Act sets out a series of protections. First, decent work is addressed in section 2, which provides emphatically that there shall be no discrimination on grounds of ethnic origin, nationality, gender, age, disability, social condition, health, religion, migratory situation, opinion or sexual preference, or civil status, as can be read in that provision.
Moreover, section 5 provides that any condition that requires workers to give up the rights or prerogatives granted to them by the legislation shall have no legal effect and shall not hinder their enjoyment or exercise of such rights. This is an extremely important guarantee which is implemented in my country.
Lastly, section 86 echoes the Constitution, with the updated text establishing that “there shall be equal pay for equal work performed in the same post, the same working day and conditions of efficiency”.
It must therefore be recognized that my country’s constitutional and legal provisions are aligned with the protections granted by the Convention. I would even go so far as to say that the Mexican texts are clearer than the Convention with regard to equal remuneration protections.
It is likely that the Committee, unaware of this background or circumstances, was struck by the proposed reform to the Federal Labour Act submitted to Congress that incorporated literally the idea of “work of equal value”, in line with the Convention, without noting that such reforms are not truly necessary. We believe that the text currently in force fits with the Convention’s objectives. However, everything can be improved, although I repeat that in this case we at least do not believe it to be essential. What is required, in any case, is the effective implementation of the existing provisions.
We cannot ignore the fact that in Mexico, as in all other countries of the world, there is a wage gap affecting women. However, and although public policies have been introduced to reduce the gap, we must recognize that the gap is linked mainly to the informal economy, in which approximately 56 per cent of my country’s economically active population are engaged. Therefore, rather than legislative amendments which, as we have seen, may not be indispensable, what is required is the continuation of the action taken to close the gap and the redoubling of efforts to implement effective policies on the transition to formality, which would undoubtedly have an impact on closing existing wage gaps, among other areas.
Given the circumstances, we believe that note should be taken of the report provided by the Government and of the legal situation in relation to the content of this Convention, and the Government should be encouraged, in consultation with the country’s most representative social partners, to make progress in developing effective policies that address the causes and roots of these wage gaps. Of course, we commend the Government’s request for technical assistance from the Office. We know that the Office can play a significant role in solving these problems through technical assistance, which we also welcome.
Worker member, Mexico – I am speaking on behalf of the National Union of Mexican Workers (UNT-MÉXICO) to report on the ongoing situation with regard to the principle of “equal pay for equal work” and its application, since this principle is not compatible with the Convention because the legislation does not include the principle of the value of work.
Although the 2019 labour reforms made progress on the independence of freedom of association and collective bargaining with participation in decision-making and the democratization of labour regulated by the Constitution and by international conventions, such as the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Violence and Harassment Convention, 2019 (No. 190), the major outstanding issue is the implementation of these reforms through adequate social dialogue that includes continuous and ongoing consultation with the most representative workers’ organizations.
At the same time, we emphasize the Government’s failure to comply with the Convention, which includes its inadequate reporting mechanism, as we have encountered difficulties on several occasions in dealing with issues arising from the mechanism implemented by the Government.
We would like to indicate that the Government has yet to adopt legislative measures to fulfil the Committee’s recommendations on ensuring wage equality not only for the same work, but also for work of equal value.
The failure to regulate the principle of work of equal value permeates the Mexican judiciary’s current restrictive interpretation, which draws solely on the concepts of the working day and productivity, omitting factors such as care work, skills, responsibilities, effort and working conditions, which should be considered irrespective of job titles and free from gender stereotypes, among other elements that are essential in determining the true value of work. For that reason, legislative harmonization should include the reform of article 123(A)(VII) of the Constitution, which provides that “there shall be equal pay for equal work, without taking into account sex or nationality”, and not be limited to section 86 of the Federal Labour Act, which provides that “there shall be equal pay for equal work performed in the same post, the same working day and conditions of efficiency”.
Moreover, it is a matter of concern that there are no indices, statistics or measurements to determine wage gaps by occupation and gender in Mexico, and especially that the labour authorities do not provide suitable guidance on the subject or use job evaluation criteria when fixing annual minimum wages for the various occupations and trades in the private sector or the wages of public officials, as indicated in Recommendation No. 90.
It is vital that the rights and benefits established in collective labour agreements are fully compatible with human rights related to work, equality and non-discrimination, as well as the principle of work of equal value.
In the private sector, a mechanism has been established to determine minimum and occupational wage increases under the auspices of the National Minimum Wage Board (CONASAMI), a body that, although tripartite, lacks rules on equal membership and the chairperson.
This means that women do not enjoy constant representation and are unable to ensure that the determination of wages and the value of work includes a gender approach and considers the necessary indices and factors.
Although the CONASAMI has made gradual and significant increases to minimum wages over the past six years, that has not led to a closing of the wage gap, as the minimum wage, as its name suggests, establishes the minimum that workers can receive. The only requirement applicable to employers is that they pay at least that minimum amount, and they can make distinctions that allow some workers to earn more.
In addition, without the existence of real inspection to ensure that all workers receive the same amount for similar work, and the fact that wage increases in some workplaces are linked to productivity or earned through overtime, higher wages become inaccessible to women in view of their family responsibilities or lack of vocational training.
Similarly, it is essential that factors such as the date of commencement of employment are not taken into consideration when establishing the collective labour contract and the applicable benefits. Making such aspects determining factors enshrines discrimination and the renunciation of labour rights, and they should not therefore be taken into account.
There is an urgent need for a new labour inspection process, which should make use of tools and instruments that allow trade unions and workers to lodge complaints and the labour inspectorate to effectively investigate and sanction any violation of labour rights. In this regard, we would like to inform you that, since the constitutional reform of 2016, minimum wages have been removed as a reference for various prices, procedures, fines, taxes and benefits. This was intended to increase the purchasing power of minimum wages by gradually clawing back the loss accumulated over more than 40 years.
This change was a significant part of our country’s economic policy to improve the living conditions of millions of workers. However, more than eight years later, we find ourselves in a complex situation. Even though minimum wages in Mexico have seen increases above the annual rate of inflation, this progress has had a worrying collateral effect in the form of the stagnation of wages fixed by collective bargaining.
In general, these wages have not increased at the same pace as inflation and have even, alarmingly, fallen below the minimum wage. Each year, the CONASAMI issues a decision setting general and occupational wages.
The decision for 2024 provides for a rise of 20 per cent in the minimum wage, comprising a 6 per cent increase, plus a separate increase of 27.20 Mexican pesos, or US$1.90. This is a set amount intended only to help restore the purchasing power of the minimum wage, but which cannot be used as a reference for the determination of increases to other wages in the labour market, including contractual wages.
This restriction, which applies to both the public and private sectors, is a direct obstacle to increases to contractual wages through collective bargaining. It has had a striking effect on public universities in Mexico, where contractual wages have not risen in proportion to the general minimum wage. In addition, the reduction in the higher education budget has exacerbated the situation, as there has been no significant change to the education budget over the past decade.
In the private sector, outsourcing has resulted in workers who lose their jobs and are taken over by contracting enterprises receiving lower remuneration than workers who are covered by collective agreements.
This is leading to systematic discrimination that is in contradiction to the principles of decent work, such as the right to receive a remunerative wage and to collective bargaining. This systematic violation of labour rights is a disincentive to trade union membership and collective bargaining, and creates a paradoxical situation in which it appears to be more beneficial not to have a collective labour contract.
We must recall that Recommendation No. 90 suggests several measures to raise the productive efficiency of women workers, as a means of facilitating the application of the principle of equal remuneration for men and women workers for work of equal value. These include promotion, equality of facilities for vocational guidance, vocational training and placement, and the provision of social services that meet the needs of working mothers and women with family responsibilities.
Although the current Government has provided significant support to the feminist agenda, there has been little promotional action or information on the wage gap and the proper application of the principle of equal remuneration, or on mechanisms to render it binding. And there is no national care system, which ensures not only that that women are continuing to provide most care, and in so doing giving up work and work opportunities, and the possibility of achieving better positions and pay.
Although Mexico has seen a historic transformation with the election of its first woman President, who will have majority support in the legislature, there is an urgent need for ILO technical support to improve genuine and effective social dialogue between the Government, trade unions and employers.
It is necessary to create an annual database using an appropriate methodology as a means of guiding the necessary constitutional reforms and legislative amendments and the design of institutions that are capable of determining the value of work and upholding the principles of the Convention and of Recommendation No. 90.
Government member, Chile, speaking on behalf of the group of Latin American and Caribbean countries (GRULAC) – We appreciate the information provided by the Government of Mexico on the measures promoted to achieve substantive equality between women and men on the labour market, and specifically to ensure equal remuneration.
We take note of the congruence between the legislative changes promoted in recent years and the public policies on labour matters implemented by the Government of Mexico for the achievement of a reduction in the gender wage gap and the recovery of the purchasing power of minimum wages, with a positive impact on women.
We observe with interest the actions aimed at verifying compliance with labour legislation in relation to the provisions of the Convention, and particularly the recent launch of the Protocol on labour inspection with a gender perspective.
We also take note of the development and promotion of the various voluntary instruments to foster a working culture aimed at guaranteeing equality of opportunity and treatment, non-discrimination and labour inclusion.
We urge the Government of Mexico to continue its efforts, social dialogue and coordination between authorities and levels of Government to ensure that the principle of equal remuneration is adopted in all economic sectors and activities.
Finally, GRULAC urges the ILO to provide the assistance that, at the request of the Government and the social partners, is required to consolidate the results of the progress described by the Government of Mexico.
Employer member, Argentina – The Employer members of Argentina thank the Government for the information provided and its commitment to complying with the Convention that we are discussing.
First, we wish to highlight the importance of the Convention as a fundamental Convention and our firm commitment to wage equality between women and men.
In particular, we believe that in this case it is necessary to emphasize the importance of the provisions of Article 4 of the Convention on the duty of States to cooperate as appropriate with employers’ and workers’ organizations for the purpose of giving effect to its provisions.
We note that the Government has provided information on the preparation of a number of legislative amendments intended to integrate the principle of gender equality into the national legislation, and the mechanisms for the supervision and revision of public policies.
We have listened carefully to the information provided by the Government on social dialogue forums with employers’ and workers’ organizations to define the various measures promoted, and we request it to provide further information on the manner in which it is cooperating with employers’ and workers’ organizations in this regard.
We encourage the Government to make its best efforts at the national level to further close the wage gap between women and men in practice and to ensure effective institutionalized consultation with the social partners on the design, implementation, review and follow-up of such policies as a means of ensuring the design of effective and balanced strategies.
Worker member, Peru – I am speaking on behalf of the workers of the Autonomous Workers’ Confederation of Peru. The right to receive equal remuneration is related to the prohibition of discrimination, as set out in international standards. The Convention, which was ratified by Mexico in 1952, regulates the principle of equal remuneration for work of equal value, not work that is identical. The Government has had more than 70 years to implement the Convention through its national legislation. Section 86 of the Federal Labour Act provides that “there shall be equal pay for equal work performed in the same post, the same working day and conditions of efficiency”.
As we can see, this regulation places conditions and restrictions on the principle, limiting it to a matter of working days and efficiency rather than the value of the work itself. Legislative harmonization with the provisions of the Convention is therefore required.
In addition, it is important to note that the conditions imposed by this provision particularly affect women, who often become mothers during their working lives and do not work full time when the take the leave to which they are entitled, and do not therefore have the same productivity as others because they are temporarily away from work. That is to say, the fact of exercising their rights as working mothers can be prejudicial to their remuneration.
Article 4 of the Convention on the Elimination of All Forms of Discrimination against Women requires States to implement temporary special measures aimed at accelerating de facto equality between men and women. In this regard, States are not therefore expected to refrain from taking action or to remain neutral in relation to the gender wage gap, but on the contrary to create the necessary conditions to resolve any situation of inequality that may arise.
The Government should therefore undertake studies of wage gaps in accordance with the provisions of the Convention in order to identify and rectify wage discrimination and determine the real value of work.
For that purpose, the Government could adopt legislation with a view to achieving target 8.5 of the Sustainable Development Goals, which focuses on equal pay for women and men for work of equal value, for which it can count on the technical assistance of the ILO.
Lastly, we welcome the Government’s confirmation of the Protocol on labour inspection with a gender perspective, which should have been the subject of consultation with the constituents. Such a document cannot be drafted by the Government alone, but must be agreed upon following dialogue and the exchange of views to ensure that it is more effective in practice.
Furthermore, we believe that the inspection system must be strengthened, not only through texts, but also through the recruitment of a sufficient number of labour inspectors. Moreover, if there is a specialized protocol, a body should be created that is specialized in equality and non-discrimination to verify compliance with national and international standards.
An inspection system with sufficient numbers of inspectors. In 2020, there was one inspector for every 160,000 workers, four times lower than the number recommended by the ILO. That year, there were a total of 400 inspectors. With regard to inspection, there is much work to be done in these areas, and we need the political will, budget and desire to improve, and what better in that regard than social dialogue?
Worker member, Spain – This is a Convention of which the genuine application depends on the whole Mexican population, as the principle of equal pay for men and women for work of equal value concerns the country as a whole, not just women. We all, women and men, gain when progress is made on equality in a country, whether in Mexico, Spain or Costa Rica.
Fairness in remuneration concerns us all: Governments, employers and workers. Violence against women, whether physical, psychological or financial, is a global scourge. And anyone who uses it for anything other than its eradication deserves the greatest contempt.
Mexico has one of the widest wage gaps of the countries of the Organisation for Economic Co-operation and Development (OECD), at around 35 per cent. Furthermore, and as in many other parts of the world, Mexican women are engaged in work and sectors that are worse paid than those of their male colleagues.
As well we know in Spain, and as has been mentioned, for the elimination of the wage gap, it is first necessary to undertake a detailed study based on data disaggregated by gender, economic activity, age, occupational category, benefits, working hours, as well as figures for undesired part-time work.
The Mexican trade unions have made enormous strides in the area of equality, as has the Government, to which I will refer later. The figures however show that it is employers who have done the least. Certification of adherence to the Mexican Standard on Labour Equality and Non-Discrimination, which is voluntary, and could include this data, is a good example. We are surprised to see that, of the 604 certified workplaces, only half are private, which provides a good picture of the true interest of the private sector. Only 300 private workplaces in Mexico have decided to take the principle of “equal pay for work of equal value” seriously.
When the Government, in accordance with Article 4, as just recalled by the Employers, calls on employers to combat discrimination, it seems that they do not know, and do not want to know, what is happening, or why, or what work and jobs are carried out by the women and men in their workforce. In short, Mexican employers do not want, voluntarily or as an obligation, official statistics, including a list of jobs and all the forms of remuneration, as set out in Article 1 of the Convention.
Curiously, when employers need to make mass redundances, it seems that they have undertaken such studies and know perfectly well the jobs carried out by each worker, the bonuses that they receive, and have full information on the workforce.
I said at the outset that we must fight for equality, and the weak participation by employers in this initiative makes it clear that we need to make progress on legislation, not just voluntary measures, to secure the commitment of employers.
As we have seen, the Government has adopted some measures, although they are insufficient. It has adopted impressive increases to the minimum wage, which is received by more women than men, and any increase in the minimum wage leads to an immediate improvement in the living conditions of millions of women.
But more is needed because, despite the increases in the minimum wage, the reality shows, for example, that there is no equal pay for men and women in teaching and administrative roles in the education system, who undertake work of equal value.
Mexico is about to have the first woman President in a North American country. This is a unique opportunity to do things differently after years of companies failing to pay men and women equally for work of equal value, despite the Government’s struggle to bring an end to such discrimination.
I therefore urge this Committee to call for technical assistance, and I encourage the new President to promote collective bargaining to pursue the legal mandate set out in section 153K(XIV) of the Federal Labour Act and amend the restrictive constitutional and legal provisions so that Mexico is in full compliance with the Convention.
Employer member, Costa Rica – First, the employers of Costa Rica would like to thank the Government for the information provided to this Committee on its compliance with the Convention.
As our spokesperson has indicated, the Employer members emphasize the enormous significance of the Convention, an instrument that seeks to ensure that the principle of equal remuneration for men and women workers for work of equal value is applied to all workers.
The Convention is one of the so-called fundamental Conventions which, as the Office itself points out, are “fundamental to the rights of human beings at work, irrespective of the level of development of individual Member States. These rights are a precondition for all the others in that they provide a necessary framework from which to strive freely for the improvement of individual and collective conditions of work.”
Our societies must make firm progress towards closing gender gaps in the world of work. We need to promote reforms to the legal framework and adopt the public policies necessary to avoid discrimination against women in the world of work, within the framework of tripartism and social dialogue.
We believe that the Mexican legislation affords a suitable and reasonable level of protection for the principle of equal remuneration since, as has been noted previously, the Constitution itself guarantees equality before the law for men and women and, more specifically, provides that there shall be equal pay for equal work, irrespective of sex or nationality.
The Government has also provided information on the progress made in the review of Mexican Official Standard NMX-025 and other legislative and administrative measures that, in our view, demonstrate progress in the implementation of the Convention.
In conclusion, we urge the Government to pursue its efforts to strengthen the legislation, and particularly to achieve better and more effective implementation in practice, always within a framework of direct consultation and dialogue with the most representative social partners.
Worker member, Honduras – We note that, after six years, Mexico has once again been included on the short list for this Committee. It is vital that the Committee reminds the Mexican Government that by freely choosing to join the ILO, it has accepted the principles and rights set out in the ILO Constitution and the Declaration of Philadelphia, committing itself to meeting its general objectives, including freedom of association, collective bargaining and the fundamental principle of equal remuneration.
In accordance with Article 2 of the Convention, the principle of “work of equal value” must be applied by means of collective agreements. We recognize that in Mexico there has been progress in the legal provisions respecting collective bargaining. Nevertheless, the 2019 labour reforms were undertaken without due social dialogue or consultation of workers. This is reflected in various aspects, such as the failure to implement legislative measures intended to ensure compliance with the Committee’s recommendations.
Women in Mexico face significant barriers in access to management and senior management positions, which contributes to wage inequality. Posts with more responsibility, which are better paid, are often held principally by men. A 2022 OECD study found that just 10 per cent of directors of finance and 21 per cent of directors in enterprise legal departments have been women. And it should not be forgotten that women are predominantly occupied in sectors such as education, health and social work where, significantly, wages are traditionally lower than in sectors such as engineering and information technology, which are dominated by men.
The lack of transparency in Government wage policies and the scarcity of data disaggregated by gender make it difficult to identify and eradicate wage discrimination and to determine the real value of work. Unless mechanisms able to monitor and report on wage differences are put in place as a matter of urgency, the violations of the Convention will persist and it will not be possible to address them effectively.
The limited Constitutional provision addressing this principle dates from 1917, and it is therefore worrying that 72 years after the ratification of the Convention, Mexican legislation has not included the principle of “work of equal value”, and even more worrying that the comments in the report are limited to acts of good faith and secondary reforms.
Observer, Confederation of Workers of the Universities of the Americas (CONTUA) – I am speaking on behalf of CONTUA with reference to the level of commitment of Mexico to compliance with the requirements of the Convention, which was adopted in 1951 and immediately afterwards, the next year, ratified by Mexico.
In this regard, we wish to start by recognizing the progress that has been achieved in social policy in Mexico over the past six years, which is undoubtedly reflected in the major election achieved by the recently elected President Claudia Sheinbaum, who will be the first women in history to achieve such high office, and who has announced during her election campaign a policy of open arms to the trade union movement. We welcome her election and trust that she will honour her commitment.
The ILO Conventions on wages make up a comprehensive system that seeks to guarantee labour justice and equity throughout the world. Of these Conventions, we draw attention to Convention No. 100, which is under examination, as well as the Minimum Wage Fixing Convention, 1970 (No. 131), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
Convention No. 100 provides for equal remuneration for men and women workers for work of equal value, thereby directly addressing the issue of wage discrimination on grounds of gender. Convention No. 131 promotes the fixing of adequate minimum wages, thereby ensuring that all workers receive remuneration that enables them to live with dignity, while Convention No. 111 combats discrimination in employment and occupation, including wage discrimination, on any grounds, including race, religion, political opinion and national extraction.
These Conventions do not operate in isolation. Together, they form a cohesive system which addresses various aspects of remuneration and equality at work. While Conventions Nos 100 and 111 are focused on the elimination of wage gaps and discrimination, Convention No. 131 ensures the existence of a minimum level of wages for all workers. This overall approach allows for fuller and more effective protection of labour rights, thereby promoting a just and equitable labour environment.
It is based on this overall vision of the standards system that we can make specific observations. In the countries in our region, there are major social deficits, injustices and inequalities, which in some cases affect very important categories of persons, despite the existence of national and international standards which require action to meet these needs.
In view of the above, we call on the Government to take urgent action to address the situation of university workers in Mexico.
Over and above the significant achievements in the application of policies which have resulted in increases in the minimum wage in Mexico, the contractual wages of university workers have not risen at the same pace, which has resulted in there currently being over 45,000 university workers with wages that are below the constitutional minimum.
This group of workers, who we have the honour of representing in CONTUA and Public Services International, are the only ones in the country in the public and private sectors who are in this situation. It is for this reason that we have been urging the allocation of the necessary budget to at least bring these workers level with the minimum wage rate set in Mexico, as a basis, of course, for reaching the right level.
We are calling on the Government representative here to establish an urgent dialogue round table to resolve this situation by granting dignified wage conditions for our colleagues.
Chairperson – I can see no more requests for the floor, so I now invite the Government representative of Mexico to deliver his concluding remarks.
Government representative – We give thanks for the views and positions expressed by the groups of the three ILO constituents in relation to this case. We have taken note of each of the views and positions expressed.
As we indicated in our first intervention, our Government has maintained a constant dialogue on this important subject with the representatives of workers and employers in Mexico, before and during this Conference. Our relations with them are close and our communication is constant.
The subject of equal remuneration is one of many themes in the world of work on which the three groups engage in dialogue and reach agreements, always respecting our differences and independence.
As you will have noted throughout the Conference, in this and other Committees, the workers, employers and Government of Mexico participate actively in dialogue, negotiations, drafting and amendments. The Mexican delegation demonstrates in the ILO a vigour and spirit of dialogue of which we are sincerely very proud.
With regard to the Convention, we wish to reaffirm six points that appear to us to be central on its application in Mexico and objectives for the future.
First, with regard to the Mexican national legislation, the labour legislation in Mexico has been reformed progressively to ensure that the application of the principle of equal remuneration at work is respected and given effect. This was said in the first intervention and the representatives of employers and workers have so indicated clearly and in detail.
We are convinced that, through continued dialogue on the path to be followed to give effect to the provisions of the Convention, we will be able to reach agreement on the next steps to be taken in the reform of the legislation. This will include the initiative to reform the Federal Labour Act and other provisions, which has already been approved in Congress in part, with a view to greater harmonization with the Convention.
Second, in relation to the reduction of the gender wage gap, we have described the manner in which the wage policy of the administration of President Andrés Manuel López Obrador, which is unprecedented in our country, has made a significant contribution to the reduction of the gender wage gap.
We have provided hard statistics on this. To repeat a fundamental fact, we noted that between 2019 and 2024 the gender wage gap was reduced by 27.7 per cent at the municipal level in the formal sector, and in municipal areas where the poorest women are resident, it fell by almost 64 per cent. This is the practical situation with regard to the wage gap in our country. Moreover, this achievement has demonstrated in practice that an increase to the minimum wage does not cause inflation or unemployment.
The data provided, from the National Survey of Employment and Occupation, as well as various surveys carried out by the National Minimum Wage Board, demonstrate the importance attached by the Government of Mexico to substantive equality between men and women, and more specifically in relation to remuneration.
It is important to recall that President López Obrador recently submitted to Congress a reform initiative to set out at the constitutional level the requirement to increase the minimum wage each year above the inflation rate.
Third, in relation to labour inspection from a gender perspective, we are aware that the efforts undertaken will have to be reinforced with monitoring of compliance with labour legislation. It is for that reason that labour inspection is being transformed. Over the past five years, inspection activities have been strengthened through the improvement of the tools available based on a new perspective which makes safeguarding the rights of workers and compliance with labour legislation central to the role of inspection.
Inspection is currently undertaken using all available technological, normative and information resources.
With regard to the content of the Convention, through the Protocol on labour inspection with a gender perspective, as we indicated previously, we will be able to analyse the current situation of the gender gap in employment, which will enable us to identify needs and specific action to be taken jointly with our social partners.
Fourth, with reference to voluntary action, progress has been made in Mexico in the strengthening and promotion of the framework of labour legislation to ensure that work is worthy and decent. Similarly, we will continue to promote a labour culture of knowledge and respect for human and labour rights with a focus on shared responsibility. This will be done through various voluntary mechanisms that will be adopted to enable both workplaces and those who are responsible for assessing the level of compliance with labour legislation to determine relevant areas and take the corresponding action. The example to which we referred previously, Mexican Standard No. 025, has led to clear and quantifiable progress, as indicated earlier. Tripartite discussion will continue on the development of this Standard to expand its scope, including the possibility of converting it into binding legislation.
On the other hand, dialogue will continue with state governments on existing mechanisms with a view to exploring areas for collaboration. And we will also continue the broad dissemination campaigns of labour rights, which have been initiated by the current administration, while at the same time promoting closer collaboration between employers and workers and guidance, legal advisory and training services.
Fifth, I would like to inform you that the ILO recently approached the Government of Mexico to invite it to join the Equal Pay International Coalition (EPIC), considering that our country is in compliance with nine of the eleven criteria adopted for membership by countries.
Although we have not yet joined the Coalition, Mexico’s possible membership would offer an opportunity to strengthen the national gender and labour agendas, and to maximize the progress already made in these areas.
And sixth, with regard to tripartite co-responsibility, the consolidation of this progress requires working together for union and social justice to protect and safeguard the freedoms and rights of all workers. It is therefore necessary to continue to promote consultation and tripartite dialogue based on an approach of shared responsibilities of all the labour market parties.
This will enable us to develop common strategies to promote productivity and the stability of sources of employment, while at the same time guaranteeing and constantly improving the wages, benefits and working conditions of workers and cementing the constant improvement of the labour market in our country.
In conclusion, we wish to inform you that in Mexico we enjoy the social, economic and political stability necessary to be able to continue with social dialogue and to make progress with the future objectives that we have set in relation to the Convention.
As you know, one-and-a-half weeks ago, we held a historic election in Mexico, when for the first time a woman was elected to the highest elected office in our country, Ms Claudia Sheinbaum Pardo, who will be the President of Mexico from 1 October.
This implies continuity in the close relations with workers and employers and a transversal feminist agenda.
With the other Government authorities, both legislative and judicial, we will undoubtedly find common ground to pursue this agenda, more specifically with reference to equal remuneration for men and women, with a view to the definitive elimination of the gender wage gap.
As for now, we will receive attentively and respectfully the comments and recommendations of the Committee of Experts.
Worker members – We thank the Government of Mexico for the information provided to our Committee. We have listened carefully to the Government’s intervention, and particularly its proposals for legislative changes to give effect to the Convention.
Despite the potential of these legislative reforms to remedy deficiencies in relation to international standards, they are not yet totally materialized. Labour relations in Mexico are currently based on the principle of equal wages for equal work, without the value of work being taken into consideration for the determination of remuneration.
The Constitution and the Federal Labour Act provide guarantees of similar remuneration for equal work, but do not specify what is meant by equality, nor do they recognize that gender must not have an influence on the level of wages.
The concept of equal remuneration for work of equal value, according to the ILO, is broader than equal remuneration for equal work. This concept includes situations in which men and women perform different jobs, and its application requires the evaluation of work activities through an appropriate method. However, the Federal Labour Act still has not incorporated this principle effectively.
An interpretation which integrates the principles of the Convention would provide greater protection to men and women workers, in line with international standards, and would allow the inclusion of the value of work in everyday practice.
The issue of work being of equal value affects men and women workers, employers and the courts, and it is necessary to set out a binding criterion that faithfully respects the provisions of the Convention. Similarly, the legislative guarantee of the joint composition of the National Minimum Wage Board is indispensable.
Nevertheless, we take note of the Government’s commitment to tripartite dialogue and we therefore encourage it to take the following action: first, through social dialogue, to undertake an objective assessment of employment and wages in Mexico using the necessary technical methods that taken into account job descriptions, the classification of their content on the basis of factors such as skills, responsibilities, effort and conditions of work, irrespective of the job titles and free from gender stereotypes, among others; second, to engage in consultations with the social partners to improve the definition of labour inspection protocols; third, to continue promoting the necessary legislative reforms for the full inclusion of the principle of work of equal value into the Mexican Constitution and labour legislation, and adapt the respective Government institutions; fourth, to promote actively equal remuneration when it is not possible to ensure it directly; and fifth and finally, to continue taking into account ILO technical assistance.
We urge the Government to continue working on the implementation in practice of these reforms with a view to guaranteeing equal remuneration for work of equal value.
We appreciate the legislative progress made, but it is essential to make further efforts to ensure the effective application of the Convention in Mexico and accordingly reduce the wage gap between men and women.
Employer members – The Employers wish to thank the various speakers who have taken the floor, and particularly the Government of Mexico for its interventions and the information provided.
In our final observations, we wish to emphasize the importance of the Convention as a fundamental Convention and as an instrument for the promotion of equal remuneration for men and women, thereby contributing to sustainable development and gender equity in the world of work.
With reference to the interventions of certain speakers, we wish to clarify two points:
  • (i) the minimum wage has been increased substantially in Mexico as a result of the agreement concluded between employers and workers which has supported and accompanied the Government. These increases started in 2017 and have continued up to now; and
  • (ii) the CONASAMI currently includes women in its composition. Indeed, 50 per cent (that is, 19 members) are women and they participate actively in the definition of the minimum wage in Mexico.
We also recall that that the Committee that brings us together today is called upon to assess compliance with a Convention by the Government, not the private sector.
On the other hand, we take note of the initiatives described by the Government and the progress that has been made in achieving compliance with the Convention.
The Employer members conclude that the legislation that is in force appears to address adequately the issue that essentially consists of the implementation of the principle of equal remuneration for men and women workers, and we consider it necessary to encourage the Government to make greater efforts at the national level, in collaboration with the most representative social partners, to make progress in the reduction of the wage gap between men and women and to achieve effective compliance in practice with the Convention.
We reiterate that it is not sufficient for the Government to ratify and include standards in its legislation if there is no effective implementation in practice resulting in specific and measurable results.
Finally, we request the Government, in line with the comments of the Committee of Experts:
  • (i) to provide detailed information on the application of the Convention by 1 September this year;
  • (ii) to ensure that all the legislative amendments and reforms referred to by the Government and that are introduced in future are undertaken through effective social dialogue and consultation with the most representative social partners; and
  • (iii) to continue the compilation of statistical data so as to be able to continue analysing in greater depth compliance with the Convention in practice, and particularly the wage gap between men and women.
We echo the Government’s indications, and we encourage it to request ILO technical assistance to continue making progress in the application of the Convention.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.
While welcoming the legislative proposals by the Government to comply with the Convention, the Committee noted that these reforms still require a thorough assessment to ensure full compliance with the Convention.
Taking into account the discussion, the Committee called upon the Government, in consultation with employers’ and workers’ organizations, to:
  • conduct an in-depth study on employment and wages in the country, including wage disparities, by taking into account factors such as skills, responsibilities, tasks and working conditions, irrespective of job title and free from any gender stereotypes;
  • give full legislative expression to the principle of equal remuneration for “work of equal value” as enshrined in the Convention;
  • promote and implement effective detection and enforcement mechanisms to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice; and
  • collect statistical information to analyse in greater depth compliance with the Convention in practice and the pay gap between men and women.
The Committee invited the Government to avail itself of ILO technical assistance to ensure full compliance with its obligations under the Convention in law and in practice.
Government representative – We thank the Committee for its conclusions on the individual case concerning Mexico. We are convinced that the work of the Committee enriches dialogue between the partners in the world of work, which enables us to make progress through an approach of shared responsibilities towards social justice and decent work. In this regard, we welcome Mexico’s commitment to the ILO, with its standards supervisory system and tripartite social dialogue. We note the conclusions adopted and we thank the Office for its readiness to provide technical assistance to the Government and the social partners with a view to the consolidation of the results achieved. Finally, we reiterate the willingness of the Government to continue making progress in guaranteeing the principle of equal remuneration set out in the Convention.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), the Confederation of Workers of Mexico (CTM) and the National Union of Workers (UNT), communicated with the Government’s report. The Committee requests the Government to provide its comments in this regard.
Article 1 the Convention. Wage gap. The Government indicates in its report that, according to various statistical studies: (1) the gender wage gap in hourly wage rates narrowed from 13.1 per cent in 2018 to 12.2 per cent in 2021; (2) minimum wage increases contributed to a 20 per cent reduction in the wage gap between 2019 and 2022 at the municipal level; and (3) the gender wage gap among the lowest earners decreased by 6.6 percentage points between 2018 and 2022. The Government also reports that: (1) Mexican Standard NMX-R-025-SCFI-2015 (NMX-025) will be updated to be issued as a Mexican Standard; and (2) NMX certification criterion No. 7 (“Ensure wage equality and provision of benefits and compensation to staff”) is being revised and improved to make it “critical” and thus require, as a mandatory condition of certification, the wage gap to be calculated using practical and simple methodologies in certified workplaces, and to be published. The Committee notes that: (1) the CTM indicates, in its observations, that it considers the wage gap to have widened, especially in positions of trust and in the public administration; and (2) the CTM and the CAT indicate the need to improve the monitoring of compliance with NMX-025. The Committee requests the Government to report on progress made in the revision of and on the measures taken to monitor compliance withNMX-025. Welcoming the Government’s efforts to provide statistical information, the Committee requests the Government to continue to take measures to reduce the gender wage gap, and to report on developments in this regard.
Article 3. Objective appraisal of jobs. Regarding the inclusion in the NMX of mechanisms for the objective appraisal of jobs, the Committee notes the Government’s reference to elements such as performance appraisal and horizontal and vertical job mobility (criterion No. 8), the advertisement of vacancies with remuneration without distinction based on gender (criterion No. 3) and the measurement of the work climate based on factors such as qualifications, responsibilities and working conditions (criterion No. 5). Regarding wage determination in the public sector, the Government indicates that remuneration is established in salary and wage scales that are issued on the basis of type of staff, for example, operational staff, grades, and command and liaison staff, without distinction based on gender. The Committee notes that “performance appraisal” and “objective job evaluation” are different exercises. The latter is concerned with evaluating the job itself and not how an individual worker performs it, and ensures that remuneration is determined without gender bias, for example, by not undervaluing skills considered to be “female” compared to “male” (see General Survey of 2012 on fundamental Conventions, paragraphs 696 and 700–703, and ILO guide, Equal Pay - An introductory guide, page 30). The Committee also notes the observations of the UNT that there are no regulations on the specific allocation of amounts in the wage scale, or regulations defining the manner in which section 280 bis of the Federal Labour Act is to be applied. The Committee requests the Government to report on the measures taken to ensure that, in applying the criteria of NMX-025 (or of subsequent standards) and in determining wage amounts in wage scales and in other methods for wage determination, remuneration is determined using criteria free from gender bias (for example, by ensuring that traditionally “female” skills, such as care work, are not undervalued). The Committee recalls that the Government may avail itself of ILO technical assistance in this regard.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes with interest the Government’s indication in its report that in March 2021, the Senate of the Republic approved and sent to the Chamber of Deputies a draft decree reforming 13 laws on a number of matters, including wage equality: (1) section 86 of the Federal Labour Act, in order to provide for “equal remuneration for work of equal value”; and (2) section 6 of the General Act on the right of women to a life free of violence, in order to include under economic violence “the receipt of lower wages for equal work or work of equal value”. The Committee trusts that the announced reforms will be implemented in the near future and requests the Government to provide information in that regard.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020), as well as the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), forwarded with the supplementary information. The Committee also notes the observations of the Autonomous Confederation of Workers and Employees of Mexico (CATEM), the International Confederation of Workers (CIT) and the Regional Confederation of Mexican Workers (CROM), forwarded with the Government’s report.
Article 1 of the Convention. Pay gap. In its previous comments, the Committee requested the Government to adopt measures to reduce the gender pay gap. The Committee notes the Government’s indication that: (1) a new Government of Mexico Minimum Wage Policy 2018-24 has been adopted and sets out among its principal objectives the reduction of income inequality, including the gender income gap; (2) the increase in the minimum wage is having positive effects in reducing the gender pay gap as more women workers than men are paid the minimum wage; (3) in May 2019, the National Minimum Wage Board (CONASAMI) submitted a proposal to fix a minimum wage for domestic work (according to the information provided by the Government, nine out of ten workers in this sector are women); (4) Mexican Standard NMX-R-025-SCFI-2015 on Labour Equality and Non-Discrimination (NMX) has been adopted, which establishes a certification process for work units that implement labour equality and non-discrimination practices (including in relation to wage equality); (5) between 2016 and 2019, a series of events and workshops were held to explain the requirements of the NMX and to promote the certification of public and private work units; and (6) in the context of the cooperation programme between the European Union and Latin America (EuroSocial+), a series of activities have been undertaken to promote exchanges on good practices for the implementation of the NMX. With regard to the impact of these measures, the Committee notes that the Government: (1) indicates that the National Employment and Occupation Survey (ENOE) published by the National Institute of Statistics and Geography (INEGI) makes it possible to measure the gender pay gap; (2) provides detailed data on fluctuations in the gender income gap (indicating, for example, that between 2005 and 2019, the gap between the real average income of men and women has varied little, and was 5.4 per cent in 2018, and that the gap between the average hourly wage fell by 4.5 percentage points, as in 2005 the average income of women was 6.2 per cent lower than that of men compared with 1.7 per cent below that of men in 2019); and (3) reports in its supplementary information that as a result of the increase in the minimum wage the gender pay gap in the Northern Border Free Zone fell by 24.88 per cent to 22.25 per cent. The Committee also observes that the Government refers to the Family Responsible Business Award and reports that certain objectives are being addressed to end labour inequality between men and women, although women’s unpaid work is one of the principal obstacles to achieving equal conditions on the labour market. The Committee also notes the allegations by the CROM in its observations that the participation of women in the labour market has increased, but that the large pay gap has not disappeared. According to the CROM, women lose out on opportunities because they cannot leave aside family responsibilities and that the strengthening of public policies to increase the prevalence of equal remuneration must be jointly promoted through social dialogue. The Committee also notes the emphasis placed by the CIT on the importance of enforcing the legislation on equal remuneration. It further notes the proposal by the CATEM of changes to the Finance Act to establish a tax incentive for enterprises to obtain certification of good practices in relation to equal remuneration. The Committee requests the Government to continue making every possible effort to measure and reduce the gender pay gap.
Article 3. Objective job evaluations. In its previous comments, the Committee requested the Government to provide information on the adoption of a system for the objective evaluation of jobs to determine remuneration rates in the public and private sectors. With reference to the private sector, the Committee notes the Government’s indication that, following the reform of the Federal Labour Act in 2019, section 280bis provides for the fixing of the minimum occupational wages of men and women rural workers, taking into account the nature, quantity and quality of the work, the physical effort and the wages and benefits received in establishments and enterprises engaged in producing agricultural products. With regard to the private sector and certification under the NMX, the Committee also notes that: (1) there are “critical” criteria for certification (which are essential to obtain it) and “non-critical” criteria (not essential, but relevant for the assessment); (2) the Government’s indication that the criteria include criterion No. 7 respecting the guarantee of equal wages, which is assessed through a verification of the establishment of job evaluation criteria for the determination and increase of wages without discrimination; and (3) the CAT refers to criterion No. 3 respecting personnel recruitment and selection processes, and the Committee observes that this criterion includes evaluation of the existence of a schedule of jobs and a scale of wages indicating minimum and maximum levels for the various levels of recruitment. The Committee requests the Government to: (i) clarify whether, for the purposes of NMX certification, it is ascertained that work units make use of techniques for the evaluation of different jobs with a view to determining their value and that these techniques are based on objective factors of comparison (such as skills, effort, responsibilities and working conditions), particularly within the framework of certification criteria Nos 3 and 7; and (ii) provide information on the application of section 280bis of the Federal Labour Act. The Committee once again requests the Government to provide information on the wage-fixing system in the public sector, and to specify whether it includes a mechanism for the objective measurement and comparison of the relative value of the various jobs, including the measures adopted to ensure that the determination of these wages is free from gender bias.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020), as well as the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), forwarded with the supplementary information. The Committee also notes the observations of the Autonomous Confederation of Workers and Employees of Mexico (CATEM), the International Confederation of Workers (ITC) and the Regional Confederation of Mexican Workers (CROM), forwarded with the Government’s report.
Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee noted that section 86 of the Federal Labour Act provides that there shall be equal pay for equal work performed in the same post, the same working day and conditions of efficiency, and it requested the Government to take the necessary measures to give full legislative effect to the principle of the Convention. The Committee notes the Government’s reference in its report to many legislative changes to integrate the principle of gender equality into the legislation (which are examined in greater detail by the Committee in its direct request on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)), although it observes that these changes have not modified section 86 of the Act. The Committee recalls that the legislation should not only provide for equal remuneration for “equal”, “the same” or “similar” work, but should also address situations where men and women perform different work that is nevertheless of the same value (General Survey on the fundamental Conventions, 2012, paragraph 679). The Committee once again requests the Government to take measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value as set forth in the Convention.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Objective job evaluation. The Committee notes that the Government’s report does not contain specific information on the adoption of methods for the objective evaluation of jobs. The Committee recalls that the objective job evaluation is important to give effect to the principle of “equal remuneration for work of equal value” and that, as occupational sex segregation continues to be prevalent, it is fundamental to ensure that the scope of comparison is broad so that the principle of equal remuneration can be applied (General Survey on the fundamental Conventions, 2012, paragraph 697). Such evaluation has a measurable impact on the gender pay gap. With a view to making progress towards the full application of the Convention, the Committee requests the Government to indicate whether measures are being adopted with a view to establishing a system for the objective job evaluation in the public sector and to promote its adoption in the private sector.
Application in practice. The Committee notes the detailed information provided concerning the programmes, policies and measures adopted in the context of the programme “Taking steps towards equality at work”, including the Gender Equity Model (MEG), through which certificates are granted to private companies which comply with the established requirements to achieve gender equality and reduce occupational segregation. The Committee requests the Government to continue providing information on such measures, and particularly on their impact in practice on the reduction of the gender pay gap and of occupational sex segregation.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes with regret that the Government did not take the opportunity of the recent reform of the Federal Labour Act to include the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. Indeed, section 86 of the Act continues to provide that there shall be equal pay for equal work performed in the same post, the same working day and conditions of efficiency. However, in its previous observation, the Committee noted the Mexican Standard on Equality at Work for Women and Men, which broadens the concept of equal wages to that of “equal wages for work of comparable value”, and it requested the Government to clarify the scope of the term “comparable value”. The Committee observes that, according to the Government’s explanations, the Standard is a certification that is individual in scope and is granted to entities which apply practices aimed at equality at work, but that it does not explain the meaning of the term “comparable value”. The Committee recalls that the concept of “work of equal value” is the cornerstone of the Convention and that it is applicable to all workers. The Committee requests the Government to take measures to give full legislative expression to the principle of the Convention and to provide information on any developments in this respect.
Gender pay gap. The Committee notes that the information provided by the Government does not enable it to determine the current situation with regard to the remuneration gap between men and women. The Committee notes that according to the study “Poverty and Gender in Mexico” prepared by the National Council for the Evaluation of the Social Development Policy in 2012, there is major occupational segregation and the labour market participation gap between men and women is higher in the poorest sectors, including and particularly for youth. The Committee recalls that in 2009 the pay gap measured in terms of average income was 29.3 per cent. The Committee referred previously to the comments of the National Union of Workers (UNT) on the absence of an adequate system for the compilation of statistics. The Committee notes the Government’s indication concerning the adoption of key labour market indicators for inclusion in the national catalogue of indicators. The Committee recalls that pay differentials continue to be one of the most persistent forms of inequality between women and men, and that the persistence of these disparities requires governments, together with employers’ and workers’ organizations, to take more proactive measures to raise awareness, assess, promote and give effect in practice to the principle of equal remuneration for men and women for work of equal value. The compilation, analysis and dissemination of statistical data are fundamental to detecting and addressing inequalities in remuneration. The Committee requests the Government to ensure that the arrangements that are implemented for the compilation of statistics make it possible to determine in a satisfactory manner the gender pay gap and trends in that gap, and to take specific measures for its reduction. The Committee asks the Government to provide information on any developments in this respect.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Objective job evaluation. The Committee notes that the Government’s report does not contain specific information on the adoption of methods for the objective evaluation of jobs. The Committee recalls that the objective job evaluation is important to give effect to the principle of “equal remuneration for work of equal value” and that, as occupational sex segregation continues to be prevalent, it is fundamental to ensure that the scope of comparison is broad so that the principle of equal remuneration can be applied (General Survey on the fundamental Conventions, 2012, paragraph 697). Such evaluation has a measurable impact on the gender pay gap. With a view to making progress towards the full application of the Convention, the Committee requests the Government to indicate whether measures are being adopted with a view to establishing a system for the objective job evaluation in the public sector and to promote its adoption in the private sector.
Application in practice. The Committee notes the detailed information provided concerning the programmes, policies and measures adopted in the context of the programme “Taking steps towards equality at work”, including the Gender Equity Model (MEG), through which certificates are granted to private companies which comply with the established requirements to achieve gender equality and reduce occupational segregation. The Committee requests the Government to continue providing information on such measures, and particularly on their impact in practice on the reduction of the gender pay gap and of occupational sex segregation.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes with regret that the Government did not take the opportunity of the recent reform of the Federal Labour Act to include the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. Indeed, section 86 of the Act continues to provide that there shall be equal pay for equal work performed in the same post, the same working day and conditions of efficiency. However, in its previous observation, the Committee noted the Mexican Standard on Equality at Work for Women and Men, which broadens the concept of equal wages to that of “equal wages for work of comparable value”, and it requested the Government to clarify the scope of the term “comparable value”. The Committee observes that, according to the Government’s explanations, the Standard is a certification that is individual in scope and is granted to entities which apply practices aimed at equality at work, but that it does not explain the meaning of the term “comparable value”. The Committee recalls that the concept of “work of equal value” is the cornerstone of the Convention and that it is applicable to all workers. The Committee requests the Government to take measures to give full legislative expression to the principle of the Convention and to provide information on any developments in this respect.
Gender pay gap. The Committee notes that the information provided by the Government does not enable it to determine the current situation with regard to the remuneration gap between men and women. The Committee notes that according to the study “Poverty and Gender in Mexico” prepared by the National Council for the Evaluation of the Social Development Policy in 2012, there is major occupational segregation and the labour market participation gap between men and women is higher in the poorest sectors, including and particularly for youth. The Committee recalls that in 2009 the pay gap measured in terms of average income was 29.3 per cent. The Committee referred previously to the comments of the National Union of Workers (UNT) on the absence of an adequate system for the compilation of statistics. The Committee notes the Government’s indication concerning the adoption of key labour market indicators for inclusion in the national catalogue of indicators. The Committee recalls that pay differentials continue to be one of the most persistent forms of inequality between women and men, and that the persistence of these disparities requires governments, together with employers’ and workers’ organizations, to take more proactive measures to raise awareness, assess, promote and give effect in practice to the principle of equal remuneration for men and women for work of equal value. The compilation, analysis and dissemination of statistical data are fundamental to detecting and addressing inequalities in remuneration. The Committee requests the Government to ensure that the arrangements that are implemented for the compilation of statistics make it possible to determine in a satisfactory manner the gender pay gap and trends in that gap, and to take specific measures for its reduction. The Committee asks the Government to provide information on any developments in this respect.
The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Application in practice. The Committee notes the information provided by the Government on the National Development Plan 2007–12 and the National Programme for Equality between Women and Men 2009–12 (PROIGUALDAD). The Government indicates in particular that 12 gender equality units have been created in various departments of the federal public administration; the Programme for equality of working conditions to combat segregation and sexual harassment was prepared with the participation of the social partners; instruments have been prepared for the certification of the voluntary application of equality at the workplace, for which the Gender Equity Label (MEG) has been established, which has been awarded to over 305 organizations; and itinerant meetings have been held on “equality at work” for local authorities and social partners. The Committee asks the Government to continue providing information on the impact of the National Programme for Equality between Women and Men 2009–12 (PROIGUALDAD) and on any other measures adopted with a view to the application of the Convention.
Objective evaluation of jobs. The Committee observes that the Government has not provided information on the implementation of objective job evaluation methods. The Committee emphasizes the importance of adopting objective job evaluation methods as a basis for comparing different work performed by men and women as a means of addressing occupational segregation by gender and the undervaluation of skills that are traditionally regarded as “feminine”. The Committee asks the Government to adopt the necessary measures with a view to the development of objective job evaluation methods and to provide information on any developments in this respect.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations submitted by the National Union of Workers (UNT) on 30 August 2011, which refer to the lack of regulation prohibiting discrimination against women with respect to remuneration and the need to improve the collection of statistics with a view to better assessing the pay gap. The Committee asks the Government to provide its comments in this respect.
Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that, although no amendments have been made to the Federal Labour Act for the inclusion of the principle of equal remuneration for work of equal value, the Mexican Standard for Equality at Work between Women and Men (NMX-R-O25-SCFI-2009) of 2009 has been adopted which establishes the conditions for any organization with workers in its service to be able to obtain certification and the label proving that its labour practices comply with equality and non-discrimination between women and men. The Standard includes indicators, practices and actions to promote equality of opportunity between women and men, and broadens the concept of equal wages for equal work to “equal wages for work of comparable value”. According to the Government, the objective of this provision is for women engaged in “female” occupations to earn the same as men engaged in “male” occupations where the qualifications, effort, responsibilities and conditions of work are comparable. In this respect, the Committee observes that, although the adoption of Standard No. NMX-R-025-SCFI-2009 promotes compliance with the principle of equality between men and women and constitutes progress in relation to the principle of equal wages for equal work, it is not clear if the concept of “comparable work” is being used in a manner synonymous with “work of equal value”. Furthermore, the Standard referred to is not of general application, but is intended for those organizations that wish to obtain certification that their labour practices are in compliance with equality between men and women, and therefore from this point of view may also be of more restricted application. Recalling that the concept of “work of equal value” is the cornerstone of the Convention and is applicable to all workers, the Committee once again asks the Government to take measures to give full legislative expression to the principle of the Convention. Please also provide information on the measures adopted and on the impact in practice of the Mexican Standard for Equality at Work between Women and Men, and on how “comparable work” is being determined in this context.
Gender wage gap. The Committee notes the statistical data provided by the Government, which show that the wage differences that exist between men and women in the labour market are largely influenced by the unequal distribution of workers between the various branches and occupations, working hours, educational level and the existence of low pay in activities where there is a high proportion of self-employment. The average gender wage gap in terms of average income fell from 32.4 per cent in 2008 to 29.3 per cent in 2009. The Committee asks the Government to continue providing detailed statistical data on the wages of men and women. The Committee also invites the Government to carry out studies on the reasons underlying the wage gap between men and women, and to adopt proactive measures so as to address more effectively the structural causes of the wage gap. The Committee asks the Government to provide information in this respect.

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

Application in practice. The Committee notes the information provided by the Government concerning its gender equality policy and asks it to continue providing information on that policy, describing in particular, the measures taken, in the context of such policies, to promote and ensure the application of the principle of equal remuneration for men and women for work of equal value.

Objective job evaluation. In its previous comments, the Committee encouraged the Government, when developing the equality policies envisaged in the General Act for equality between men and women of 2006, to promote objective job evaluation methods, and asked it to continue providing information on this matter. The Committee notes that although the Government provides information concerning equality policies, it does not supply the specific information requested. The Committee refers to its general observation of 2006 on the Convention and emphasizes that the adoption of objective job evaluation methods, that allow a comparison to be made between the different jobs performed by men and women, is particularly important, due to pervasive occupational sex segregation and the undervaluing of skills that are traditionally regarded as “female”. The Committee again asks the Government to provide information on the measures adopted, in the context of the equality policies envisaged in the General Act for equality between men and women of 2006, to promote objective job evaluation methods.

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

Equal remuneration for men and women for work of equal value. The Committee notes that, according to the Government, there have been no changes to the legislation concerning the principle of equal pay for work performed in the same posts, working day and conditions of efficiency. The Committee reiterates that section 86 of the Federal Labour Act, which provides that “there shall be equal pay for equal work performed in the same post, for same working day hours of work and conditions of efficiency”, does not give effect to the principle set out in the Convention of equal remuneration for work of equal value. Work of equal value covers not only work that is equal, the same or similar but also different work in different jobs and different sectors, which is nevertheless of equal value. The Committee therefore asks the Government once again to take steps to bring its legislation into conformity with the Convention and to provide information on the measures taken.

Wage gap. The Committee notes the statistical data provided by the Government. In its previous comments, the Committee noted that, according to the report, the revenue gap between men and women was 31.1 per cent in 2006. The Government indicates that the revenue of men and women are traditionally compared based on net monthly income and that, according to this criterion, there has been a slight downward trend in recent years with regard to the gap, which has ranged from 43.9 per cent in 2000 to 32 per cent in 2007. Furthermore, it indicates that if the earnings per hour worked are compared based on the average income divided by the number of hours actually worked, the gap is reduced to 5 per cent on average. As the Government points out, the 5 per cent is an average across different branches of activity and the Committee notes that these differences are significant. There is a 0.6 per cent gap in wholesale trade, for example, and a 68.8 per cent gap in corporate management. In this regard, the Committee further notes that there is a gap per hour of 55 per cent in health and social assistance, 41.3 per cent in professional, scientific and technical services, 35.2 per cent in information and mass media and 39.5 per cent in manufacturing industries. The Committee considers that examining the gap according to branch of activity may help to uncover the reasons for the gap and facilitate appropriate action to reduce it, whereas the average gap across sectors does not help in investigating its origins. The Committee therefore asks the Government to examine in more detail the reasons for the gap in those branches in which the gap is 30 per cent or more and to provide detailed information on this matter. The Committee also asks the Government to continue providing information on any changes in the wage gap according to hours worked and branch of activity.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Objective job evaluation. The Committee notes the information provided by the Government on the work of the National Minimum Wage Board. It also notes the equality policies envisaged in the General Act for equality between men and women of 2006. The Committee notes the importance of ensuring objective job evaluation methods in the public sector and promoting them in the private sector so that full effect can be given to the principle of the Convention. This is particularly important, as was noted in the Committee’s 2006 general observation, due to pervasive occupational sex segregation and the undervaluing of skills that are traditionally “female”. There is thus the need to be able to compare jobs that are completely different, performed by men and women in different places or enterprises, or between different employers. The Committee indicated in paragraph 5 of the general observation that “Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often skills considered to be ‘female’, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally ‘male’ skills, such as heavy lifting.” In this respect, the Committee encourages the Government, when developing the equality policies envisaged in the General Act for equality between men and women 2006, to promote objective job evaluation methods, and asks it to continue providing information on this matter.

2. Application in practice. The Committee notes the various activities carried out by the National Programme for Equality of Opportunity and Non-Discrimination against Women and by the National Institute for Women. The Committee asks the Government to continue providing information on the above activities and to the extent possible, in relation to the principle of equal remuneration for work of equal value.

3. Wage gap. The Committee notes the statistical data provided by the Government, particularly in Annex 2, on the earnings gap between men and women by branch of activity, and notes that the wage gap for 2006 was 31.1 per cent. The Committee asks the Government to provide copies of studies or analyses which may explain the reasons for this earnings gap and the measures envisaged to address it.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Equal remuneration for men and women for work of equal value. In its previous comments, the Committee referred to article 123 of the Constitution and section 86 of the Federal Labour Act, which 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 sex or nationality. It further noted that the Federal Labour Act to Prevent and Eliminate Discrimination did not give expression in law to the principle of “equal remuneration for work of equal value”, as set out in the Convention. The Committee once again hoped that, when discussing the reform of the Federal Labour Act, the Government would take into account the Committee’s comments so as to give legislative expression to the principle of the Convention. The Committee notes the Government’s indication that it has taken note of the Committee’s comments, and that the Workers’ Confederation of Mexico, in a communication transmitted through the Government, reiterates its agreement to the introduction of amendments and additions to modernize and update the labour legislation. The Committee refers to its general observation of 2006 and particularly paragraph 6, in which it indicated that, “Noting that several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work, the Committee urges the governments of those countries to take the necessary steps to amend their legislation. Such legislation should not only provide for equal remuneration for equal, the same or similar work, but also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.” The Committee, therefore, asks the Government to make every effort required to bring its legislation into conformity with the principle of work of equal value as laid down in the Convention and to keep the Committee informed on the progress achieved in this respect.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in its report, the comments of the Confederation of Industrial Chambers of the United States of Mexico and the attached statistical data. Noting the activities carried out by the Minimum Wage Commission, the Committee observes that the report does not contain information on the various studies and analyses evaluating wages and remuneration systems to which it referred in paragraph 1 of its previous direct request. The Committee would be grateful if the Government would provide information on the methods existing for the objective evaluation of jobs, and how it is ensured that these are applied in a manner free of gender bias. The Committee recalls that the objective appraisal of jobs implies the adoption of a technique to measure and compare objectively the relative value of the work performed. Because men and women tend to perform different jobs, a technique to measure the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women. In this respect, please see paragraphs 138 to 152 of the General Survey of 1986.

2. With regard to the many activities carried out in the context of the National Programme for Equality of Opportunity and Non-Discrimination against Women (PROEQUIDAD), the Committee would be grateful if the Government would continue to provide information on the activities of the Programme designed to promote and encourage the participation of women in the public and private sectors and to reduce discrimination at work.

3. Noting that the Integrated System for the Administration of Human Resources is still suspended, the Committee hopes that in its next report the Government will be able to provide data on the number of men and women in the various sectors and at the different levels of the public administration, including their levels of remuneration, disaggregated by sex.

4. The Committee recalls the comments made by the International Confederation of Free Trade Unions (ICFTU) referred to its 2002 observation, which indicated that government statistics show that 25 per cent of women who work in the extraction, processing and electricity sectors are in the lowest income categories, compared with only 8 per cent of men working in these sectors. The Committee notes the statistics for 2002-04 on the employed population by branch of economic activity in the above sectors, according to which 118,960 men and 32,166 women worked in the extraction and oil refining sectors in 2004 and earned 197.81 pesos a day; a total of 4,478,176 men and 2,269,857 women worked in the processing industry and earned 181.44 pesos a day and 199,315 men and 40,046 women worked in the electricity sector and earned 379.18 pesos a day. The Committee notes that this statistical information does not permit an analysis of the percentage of men and women in the lower income categories as it does not contain indications on wages disaggregated by sex and income group. The Committee therefore once again asks the Government to provide information which makes it possible to compare the percentages provided by the ICFTU, including information on any action taken to reduce vertical job segregation in the above sectors.

5. Labour inspection. The Committee notes that training has been provided on the gender perspective to the various federal labour delegations and other state labour services. The Committee would be grateful if the Government would provide information, such as training modules, materials and programmes, which give an indication of the training received, especially by labour inspectors, on the content of the Convention, and particularly on the principle of equal remuneration for work of equal value.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Equal remuneration for men and women for work of equal value. For several years, the Committee has been asking the Government to indicate whether it is considering setting out in the legislation the principle laid down in Article 1 of the Convention. In its previous observation, the Committee regretted to note that the Government, reiterating the statements made in previous comments, replied that both 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 sex or nationality. The Committee has repeatedly indicated that the provisions of the Constitution of Mexico and the Federal Labour Act do not give full effect to the principle set out in the Convention. It has reminded the Government that the Convention goes beyond the reference made in the national legislation to "equal remuneration" for "equal work" and has referred as an element of comparison to the concept of work of "equal value". It has also recalled that, for the legislation to be in conformity with the Convention, it has to give expression to the principle of equal remuneration for men and women for work of equal value.

2. The Committee notes that, according to the Government’s report, in the context of the Mexican Government’s "New Labour Culture", a reform of the labour legislation is being prepared to assist in promoting skills, participation and fair remuneration for workers and that draft legislation to reform the Federal Labour Act was submitted as a Bill on 12 December 2002. The Committee also notes that the Government refers to the provisions of the Federal Labour Act of 11 June 2003 which aim to prevent and eliminate discrimination, but observes that this Act does not give expression to the concept of work of equal value either. Section 9(IV) of the Act provides that the establishment of differences in remuneration, benefits and conditions of work for equal work is discriminatory conduct. However, this principle is more restrictive than the principle set out in the Convention. The Committee points out that equal remuneration within the meaning of the Convention has to be provided for work of equal value, even if the work is of a different nature or is carried out under different conditions, or for different employers. Where legislation on equal remuneration exists, it should not be more restrictive than the Convention, or inconsistent with it. The Committee therefore hopes once again that, when preparing the reform of the Federal Labour Act, the Government will take into account the Committee’s comments so as to give legislative expression to the principle established by the Convention of equal remuneration for men and women for work of equal value.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report, including the attached statistics. The Committee also 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 of the Government. Finally, the Committee notes the comments made by the Confederation of Business Chambers of Industry (CONCAMIN).

1. The Committee notes the comments of CONCAMIN to the effect that, with regard to Article 3 of the Convention, the labour authorities and the National Minimum Wage Commission, in permanent collaboration with the social partners, carry out various studies and analyses evaluating wages and remuneration systems. The Committee asks the Government to provide detailed information on the results of the above studies and analyses with its next report.

2. The Committee notes with interest the information provided by the Government in its last report indicating that the National Institute for Women formulated the National Programme for Equality of Opportunity and Non-Discrimination, 2001-06 (PROEQUIDAD), which guides the national policy on gender and has to be complied with by all the sectors of the Federal Public Administration (APF). The Committee also notes the Government’s reply in its report indicating that, with a view to raising awareness and improving understanding of the Convention, and to give effect to the principle of equal remuneration for work of equal value, pamphlets on the labour-related rights and duties of women have been distributed and publicity has been broadcast on the right to equality of opportunity and treatment in employment. Furthermore, the Committee notes the information provided in the Government’s report on the activities undertaken with employers’ and workers’ organizations, as well as with the federal labour delegations in the various states, addressing themes related to the situation and problems of women workers. The Committee asks the Government to provide information in future reports on the activities carried out within the context of the PROEQUIDAD programme, as well as those undertaken by the Government, with particular reference to those carried out jointly with employers’ and workers’ organizations, with a view to promoting and improving the participation of women in the public and private sectors and reducing vertical discrimination in employment.

3. The Committee notes that the Government does not provide up-to-date statistical information with its report on the distribution of men and women in the various sectors and at the various levels of the Federal Public Administration, or on their levels of remuneration, disaggregated by sex, as requested in its previous comment. In this respect, the Committee urged the Government in its previous comment to keep it informed of the progress achieved in implementing the Integrated System for the Administration of Human Resources (SIARH), and to provide statistical information in its next report obtained through the application of the System. The Committee notes the Government’s reply that the above System has been suspended. The Committee trusts that the Government will make every effort to ensure that the SIARH produces data in the near future on the number of men and women in the various sectors and at the different levels of the Federal Public Administration, including their ages and levels of remuneration, disaggregated by sex.

4. In its previous comment, the Committee asked the Government to provide information on the distribution of men and women in the different occupations and at the various levels of employment in air transport enterprises and in the fields of education, health care and financial services in which, according to a previous report, 30 collective agreements were concluded which have been analysed by the Government. The Committee notes that the statistics provided by the Government do not provide the information requested. The Committee therefore requests the Government once again to provide the respective information with its next report.

5. The Committee notes that, according to the statistics provided by the Government with its last report, 33 per cent of the persons employed in the public administration in 2000 were women. The Committee considers that there has been a slight reduction in the occupational gap between men and women workers in view of the fact that, according to the statistics provided for 1995, women accounted for 30 per cent of the labour force employed in the public administration and the defence. Nevertheless, as the participation rate of women in the public administration remains low, the Committee trusts that the Government will make every effort to ensure fuller participation by women at all levels so as to enable them to achieve parity in relation to the participation of men. The Committee asks the Government to indicate in its next report whether the statistical information provided on this occasion on the public administration also covers persons employed in defence.

6. The Committee notes the comments made by the ICFTU, according to which the Government’s statistical information shows that 35 per cent of women who work in extractive, processing and electrical industries are in the lowest income groups, compared with only 8 per cent of men working in these sectors. The Committee asks the Government to provide the Office with its comments on this subject.

7. The Committee notes with interest the information provided by the Government in its report indicating that in April 2002 the National Council of the Maquiladora Export Industry and the Secretariat of Labour and Social Insurance, with the President of the Republic as an honorary witness, concluded a cooperation agreement to improve the working conditions of women in the maquiladora (export processing) industry. The Committee also notes the statistics provided by the Government in its report, showing that in 2000 women accounted for 55 per cent of the labour force in the maquiladora industry. The Committee notes that, according to the data on remuneration contained in the statistics, women receive lower wages than men, as they receive approximately 92 per cent of the average earnings of the latter. The Committee urges the Government to take the necessary measures to continue reducing the wage gap between men and women in the maquiladora industry. The Committee also notes the information provided by the ICFTU indicating that the majority of the labour force in the maquiladora industry are women, who are receiving lower wages than those received in the domestic manufacturing sector. The Committee asks the Government to provide up-to-date information with its next report indicating the concentration of men and women in managerial positions and in general jobs in the maquiladora industry, as well as information on the activities carried out in the context of the above cooperation agreement to improve the situation of women in this sector.

8. The Committee notes the information provided by the Government in its report to the effect that, on the occasion of the seminar on women and employment relationships held in 1999, on which it included information in its previous report, the first meeting was held of the Bicameral Committee of the Women’s Parliament, with a view to analysing the relationship between women and work, education and health, and to carry out an assessment of the work of the parliamentary equity and gender committees. The Committee asks the Government to continue providing information in future reports on the activities of the Bicameral Committee related to the application of the principle of equal remuneration for men and women workers for work of equal value.

9. The Committee notes the Government’s statement that, during the period covered by the report, inspections were carried out on the subject covered by the Convention. The Committee asks the Government to provide with its next report extracts from the reports of the inspection services, information on the number and nature of the contraventions reported and any other information related to the application of the Convention in practice. In its previous report, the Committee asked the Government to provide information on any special training provided to federal labour inspectors relating to the supervision and investigation of matters related to equal remuneration. The Committee notes the Government’s reply that it has no information on this subject. The Committee trusts that the Government will obtain the information requested and provide it to the Office with its next report.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report, including the statistical information and sample collective agreement.

1. Referring to its previous comments concerning the disproportionately low number of women employed at the higher paid levels of the Federal Public Administration (APF) in Mexico, the Committee reiterates its request that the Government indicate the measures taken or contemplated to promote a greater participation of women in the public and private sector workforce, as well as the measures taken or contemplated to reduce vertical occupational segregation, with particular attention to the APF. The Government is also asked to provide up-to-date statistical information in its next report on the distribution of men and women in the different sectors and at the different levels of the APF and on their earnings, disaggregated by sex.

2. The Committee notes from statistical information provided in the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that as of June 1999, women made up 49 per cent of the labour force in the maquiladora industry. However, the figures indicate that women are concentrated at the lowest pay scales in that industry, with women occupying 22 per cent of managerial jobs in comparison with 55 per cent of general labourer jobs. Further, women earn less than men at all levels of the maquiladora industry, earning approximately 79 per cent of men’s overall average earnings. The Committee asks the Government to provide information in its next report on the measures taken or contemplated to reduce the male-female earnings gap in the maquiladora industry. Please also provide updated statistical information on the distribution of men and women in the different sectors of the Mexican economy (including the maquiladora industry) and their average daily earnings, disaggregated by sex.

3. The Committee notes the Government’s indication that a National Seminar on Equity in Employment was held on 7 October 1998 at which different sectors of society made proposals with the aim of adapting the labour legislation to changing social conditions and to women’s present-day working conditions. The Committee also notes the Seminar on Women and Labour Legislation held by the Bicameral Committee of the Women’s Parliament on 2 February 1999 to analyse the legislation relevant to women workers. The Committee would appreciate receiving information on any follow-up action taken as a result of these seminars, as well as on other measures taken relevant to application of the Convention.

4. Referring to its previous comments regarding collective agreements for enterprises in which women constituted a significant proportion of the labour force, such as air transport, educational services, medical services, and financial services, the Committee notes the Government’s statement that it does not have information on the numbers of women covered by such agreements. The Committee nevertheless asks the Government to provide information on the distribution of men and women in the different occupations and at the different levels of employment in the relevant enterprises. The Committee also notes the sample collective agreement supplied by the Government which expresses the principle of equal pay for equal work, without regard to sex or nationality.

5. The Committee notes the Government’s indication that, during the reporting period, federal labour inspectors carried out 14,580 inspections of working conditions (including remuneration) of enterprises subject to federal jurisdiction and found no violations of the Convention. In this regard, the Government is asked to supply information on any specialized training provided to the federal labour inspectors in relation to the detection and investigation of equal remuneration matters.

6. The Committee notes the figures contained in the report indicating the number of cases  handled by the Office of the Federal Labour Defender in 1999 and 2000 relevant to the application of the principle of the Convention. The Committee would appreciate receiving information regarding the nature of the equal remuneration claims presented, and their outcomes.

7. The Committee notes the Government’s statement that the Integrated System for the Administration of Human Resources in the Federal Public Administration (SIARH) is being established and operated by the Ministry of  the Treasury and Public Credit (Hacienda) with the aim of improving the registration and management of data on the age, sex, salary and occupational levels of employees in the APF. The Committee asks the Government to keep it informed of the progress made in implementing the SIARH system, and to provide, in its next report, statistical information acquired through use of the SIARH system.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report. It also notes the comments of the Confederation of Business Chambers of Industry (CONCAMIN).

1. The Committee notes the Government’s indication that women’s average hourly earnings are significantly lower than those of men in many sectors, although they approach near parity with men’s wages in the category of "salaried employees" where, according to the 1997 figures provided in the Government’s last report, women earned 98.5 per cent of the average hourly wage earned by men. The Committee further notes from the national employment surveys that, in 1997, 28 per cent received less than one minimum daily salary. The corresponding figures for men were significantly lower, at 13.8 per cent and 18.4 per cent, respectively. The statistics also indicate that three times as many men (2.6 per cent) as women (0.9 per cent) were at the highest wage scale (ten or more minimum daily salaries).

2. In its comments, CONCAMIN states that national legislation, which establishes the right of equal pay for equal work performed under equal conditions of efficiency, is compatible with the Convention. In its view, this legislation satisfies the requirements of the Convention. In respect of the principle of equal remuneration for work of equal value, CONCAMIN indicates that there are no standards in place permitting a determination of the relative value of work.

3. In respect of the above indications and relevant national legislation (article 123 of the Constitution of Mexico and section 86 of the Federal Labour Act), the Committee draws attention to the language of Article 2(1) of the Convention, which calls for "the application to all workers of the principle of equal remuneration for men and women workers for work of equal value". Value refers to the worth of the job for purposes of computing remuneration. This broader basis of comparison is intended to reach discrimination which may arise out of the existence of occupational categories and jobs reserved for women and is aimed at eliminating inequality of remuneration in female-dominated sectors, where jobs traditionally considered as "feminine" may be undervalued due to sex stereotyping (see General Survey on equal remuneration, ILO, 1986, paragraphs 19-23). The Committee recalls its previous comments that the national jurisprudence (copies of which were provided by the Government in its previous report) indicates that the legal requirement of equal remuneration does not extend to similar work. In this context, it notes from the report that the Steering Committee of the National Women’s Commission of the Department of Administration deems it necessary to continue working on the legislation to promote the principle of equal remuneration for men and women workers for work of equal value. The Committee therefore asks the Government to indicate whether consideration is being given to the possibility of giving legislative expression to the principle expressed in Article 2. Moreover, in light of CONCAMIN’s communication, the Committee asks the Government to indicate the manner in which the Government is promoting awareness and understanding of the Convention and seeking cooperation with employers’ and workers’ organizations to give effect to the principle of equal remuneration for work of equal value.

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

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report, including the statistical information, texts of collective agreements and court decisions.

1. The figures provided in the Government's report for 1997 show that the amount of women in the Federal Public Administration (APF) varies sectorially, and that women constitute 23.9 per cent of all APF employees at middle and higher levels (categorized as A to J in the relevant tables). As noted in the Committee's previous comments, the quarterly statistics for April to June 1995 on APF employees also reflected a disparity in the number of men and women workers, with a disproportionately low number of women employed at the higher-paid levels. The 1995 data showed almost three times as many men as women employed at the highest salary level, earning ten or more times the minimum daily salary in Mexico. The Committee notes the Government's statement that the disparity reflected in the 1995 figures is due to the higher participation of men in the labour market. The Government adds that the APF's employment policy does not discriminate on the basis of sex. In light of the low participation of women in the workforce and the existing occupational segregation noted, the Government is asked to indicate the measures taken or contemplated to promote a greater participation of women in the public and private sector workforce, as well as measures taken or contemplated to reduce occupational segregation, particularly in the APF.

2. The figures contained in the Government's report reflect significant salary differentials in certain sectors, showing that, in 1997, women's average hourly earnings, expressed as a percentage of men's earnings, were: 57 per cent in commerce; 75 per cent in financial services; 76 per cent in manufacturing; 78 per cent in restaurant services; and 92 per cent in the agriculture/fishing industries. The Committee notes that, in some sectors, women's average hourly wages were higher than men's. Men earned an average of 90 per cent of women's hourly earnings in the mining/construction sector, 85 per cent in transportation/communication, and 96 per cent in the category of education/health/public administration and defence. The Committee notes with interest that, according to the figures provided in the Government's report, near parity in hourly earnings is shown in the category entitled "salaried employees", where women earned 98.5 per cent of the average hourly wage earned by men. The Government is asked to indicate the types of jobs and occupations included in this category and the proportion of women to men.

3. The Committee notes that the relevant court decisions provided by the Government, interpret article 123(A)(VIII) of the Mexican Constitution and section 86 of the Federal Labour Act, governing private sector workers, as providing for equal remuneration for work performed under equal conditions, including equivalent hours and conditions of quantity, quality and efficiency. The jurisprudence indicates that the legal requirement for equal remuneration does not extend to similar work. The Committee presumes that the same interpretation would be given by the Court to article 123(B)(V) of the Constitution, which extends the principle of equal pay for equal work to public sector employees. The Committee refers the Government to the language of Article 2(1) of the Convention, which calls for "the application to all workers of the principle of equal remuneration for men and women workers for work of equal value". The Convention thus moves beyond a reference to the "same" or "similar" work, choosing instead the "value" of the work as the point of comparison. This basis of comparison is intended to reach discrimination which may arise out of the existence of occupational categories and jobs reserved for women and is aimed at eliminating inequality of remuneration in female-dominated sectors, where jobs traditionally considered as "feminine" may be undervalued due to sex stereotyping (see General Survey on equal remuneration, ILO, 1986, at paragraphs 19 through 23). The Government is therefore asked to indicate the manner in which it contemplates applying the principle of Article 2 of the Convention, including any consideration of giving legislative expression to the principle of the Convention.

4. The Government indicates that, out of a sample pool of 606 collective agreements, it reviewed 30 agreements for enterprises in which women constituted a significant proportion of the labour force, such as air transport, educational services, medical services, and financial services. It states that this review revealed no gender-based salary differentials. The Committee requests the Government to provide information on the percentages of women covered in the collective agreements provided, and to indicate their distribution in the different occupations and levels of employment in the relevant enterprises.

5. The Government states that, during the reporting period, federal labour inspectors conducted 55,859 inspections nationwide of enterprises subject to federal jurisdiction and found no violations of the Convention. In this regard, the Government is asked to indicate the number of inspections and any other activities conducted during the reporting period that focused on equal pay.

6. The Committee notes with interest the information contained in the Government's report regarding the establishment and operation of a new system for registering and maintaining up-to-date data on the age, sex, salary and occupational level of public sector employees, which would permit an evaluation of the practical application of the principle of the Convention. The Government indicates that the Integrated System for the Administration of Human Resources in the Federal Public Administration (SIARH) is being established and operated by the Ministry of the Treasury and Public Credit (Hacienda). Noting the SIARH action plan for 1999 and 2000 contained in the Government's report, calling for implementation of the system first in specified government departments, such as the Ministry of Health and the Ministry of Labour and Social Security, and then in agencies of the APF, the Committee requests the Government to keep it informed of the progress made in implementing the SIARH system, and to provide, in its next report, statistical information acquired through use of the SIARH system.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and the information which replies to almost all its previous comments.

1. The Committee recalls that in a document attached to a previous report, the Government stated that an information and registration system was being established to provide updated information on age, sex, wage, level of work, etc. of workers in the public sector in order to assess how the principle of equal remuneration was applied in practice. The Committee observes that in the quarterly statistics on the public administration for the period April to June 1995 almost three times as many men as women earned over ten times the minimum wage. Bearing in mind that occupational segregation influences equal remuneration of the sexes (see paragraph 256 of the 1986 General Survey on equal remuneration), the Committee requests the Government to comment on this inequality in the number of public employees and the difference in the number of men and women at the highest levels.

2. The Committee also asks the Government once again to send the texts of collective agreements which lay down salaries in the various sectors with indications, where possible, of the percentage of women covered by these collective agreements and the proportion of men and women at the various levels.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the information supplied in response to its previous comments.

1. With regard to the notion of work of equal value, the Committee notes the information on the way in which methods of fixing wages are determined for home workers and other specific categories of workers, and in collective agreements. It hopes that the Government will continue its action to promote the application of the principle of equal remuneration by an objective appraisal of jobs on the basis of the work to be performed, in accordance with Article 3 of the Convention.

2. The Committee noted in its previous direct request that the statistics sent by the Government on the number of persons employed in 1990 by branch of economic activity and sex showed a concentration of women workers in the communications and services sectors. Referring to paragraph 22 of its 1986 General Survey on Equal Remuneration, the Committee pointed out (regarding the comparison between work performed by women and work performed by men with a view to ensuring equal remuneration for work or equal value) that, "more generally, and in spite of the difficulties associated with a broad comparison of jobs, the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as 'peculiar to women'".

3. The Committee recalls that the Government stated in the Annex to its previous report that a data collection system was to be established, which would provide updated statistics on wages, age, sex, etc. in the public service. So that it may ascertain how the principle of equal remuneration is applied in practice, the Committee would be grateful if the Government would provide statistics, as soon as possible, concerning:

(i) the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels;

(ii) the texts of collective agreements fixing wages in various sectors of activity, with an indication, if possible, of the percentage of women covered by these agreements and the distribution of men and women employed at different levels;

(iii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report and the information supplied in reply to its previous comments.

1. In its previous comments, the Committee referred to the provisions contained in sections 3, 5(XI), 56, 86, 133 and 164 of the Federal Labour Act and section 4 of the Constitution respecting the application of the principle of equal remuneration for equal work and the principle of equal treatment, under which it would appear that there is no protection ensuring the principle of equal remuneration for work that is of equal value but of a different nature. The Committee notes the Government's statement that neither in Convention No. 100 nor Recommendation No. 190 is it envisaged that the principle of equal remuneration for men and women workers for work of equal value should apply to work of a different nature. The Committee notes that the Government refers to the Committee's 1986 General Survey, and in particular to paragraph 20, in which it noted that the reference to "job content" was eliminated from the definition of work of equal value and transferred to a separate provision, which became Article 3 of the Convention. The Committee wishes to point out that the concept of work of equal value, in accordance with Convention No. 100, applies to different jobs through the objective appraisal of jobs on the basis of the work to be performed, as set out in the above Article of the Convention.

Furthermore, the Committee notes that this concept of work of equal value is the same as the concept referred to by the Federal Board of Conciliation and Arbitration and the Confederation of Chambers of Industry (CONCAMIN) in its comments. The Committee refers in particular to the difficulties in the application of this concept, referred to by the CONCAMIN. It considers that remuneration that varies according to the quality of sporting achievement or artistic output is not incompatible with the concept of work of equal value, which does not imply that there should be a single wage scale nor a restriction on freedom to negotiate terms and conditions of employment as indicated by the CONCAMIN.

The Committee also notes the information supplied by the Government in its report and by the above two bodies on the measures that have been taken to give effect to the principle of equal remuneration set out in the various provisions of the national Constitution and legislation. The Committee hopes that the Government will continue to take measures to promote the application of the principle of equal remuneration for work of equal value through the objective appraisal of jobs on the basis of the work to be performed. The Committee asks the Government to continue to supply information in this respect.

2. The Committee notes the statistics supplied by the Government on the number of persons employed in 1990 by branch of economic activity by sex, in which it notes, in particular, a concentration of women in the communications and services sectors. The Committee refers to paragraph 22 of its 1986 General Survey, in which it states that "more generally, and in spite of the difficulties associated with a broad comparison of jobs, the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as "peculiar to women". The Committee also notes the Government's statement that it is not currently feasible to obtain statistics describing the situation of employed persons in the private sector. The Committee hopes that the Government will be able to take the necessary measures to collect and compile statistics by sex, wage and branch of activity, particularly in relation to occupations in which women workers are concentrated.

3. The Government states that the labour inspection services are responsible for supervising the implementation of all legal measures and not exclusively those relating to equal remuneration, and that there are no studies and statistics available which show the existence of differential wage rates that are contrary to the above principle. The Committee hopes that the Government will be able to supply information on the results of the work of the labour inspection services in relation to the application of the relevant legal provisions.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the Government's report.

2. The Committee recalls that in its previous comments it noted that the labour legislation guarantees equal remuneration for men and women for equal work, but does not appear to guarantee equal remuneration for work which may be of a different nature but is of equal value, as provided in the Convention. The Government has supplied a detailed reply, which refers to various legal texts, including sections 3, 5(XI), 56, 86, 133 and 164 of the Federal Labour Act and to article 4 of the Constitution. The Government states that taken together these provisions are equivalent to protection of the principle set out in the Convention. The Government also refers to the legal tradition of equal remuneration for men and women. In addition, the Government states that it has not been considered necessary to legislate in favour of equal remuneration for men and women since there is no problem of inequality. For the same reasons, the Government states, there are no statistics on this subject and the Labour Inspectorate has not noted any violation of this principle.

The Committee has made a detailed examination of the legislation referred to by the Government. It notes, as it has in previous comments, that section 86 of the Federal Labour Act provides for equal remuneration for equal work that is of the same duration, performed in the same location and with the same efficiency. The Committee also notes that sections 5(XI) and 56 of the above Act refer to equal remuneration for equal work and that the other provisions that it mentions refer more generally to the principle of equal treatment. It therefore appears that there is no protection in law of the principle of equal remuneration for work that may be of a different nature but is of equal value. The Committee requests the Government to inform it of the measures that have been taken or are envisaged to bring the national legislation into conformity with the Convention and on the progress achieved in this respect.

3. The Committee notes the Government's indications that, in order to determine occupational minimum wages, the National Minimum Wage Board makes an assessment of each of the jobs for which this type of statutory minimum wage exists and takes into the account the skills, strength, responsibility and conditions under which the work is performed. A score is established in points for each job, and is arrived at on the basis of factors that are unrelated to the sex of the worker who performs the job; in the event of two different jobs (of the 86 selected) being given the same score, the minimum wage that is applicable is also the same. The Committee also notes the Decision by the Council of Representatives of the National Minimum Wage Board, sent with the report, which fixes general and occupational minimum wages, that have been in force since 1 January 1989, in which the definitions and descriptions of the activities in the various occupations, jobs and special types of work are set out, together with the minimum wages of workers without distinction on grounds of sex. The Committee recalls that the Convention provides for equal remuneration for men and women workers, not only as regards minimum rates, but for any payment made by the employer to the worker and rising out of the worker's employment, and that equal remuneration is to be guaranteed not only for men and women workers employed in the same category, but also, more generally, to men and women workers who perform work of equal value which, nevertheless, may be of a different nature. In this connection, the Committee wishes to refer to the explanations given in paragraphs 20 to 23 and 44 to 70 of its 1986 General Survey on Equal Remuneration, in which the Committee sets out the concepts of equality. The Committee requests the Government to indicate the activities, jobs and sectors of economic activity in which there is a concentration of women workers.

4. The Committee notes the collective agreements supplied with the report in which equal wages are set out for men and women. The Committee also notes the Government's indication that in the case of the collective agreement concluded in 1988 by Angelus, S.A., and the Association of Manual and Non-manual Workers in the Chemical, Pharmaceutical and Similar and Allied Industries, which was also supplied with its report, the wage table shows that women receive higher wages than men. In this respect, the Committee refers to the explanations given in paragraphs 25 to 27 and 226 to 240 of its 1986 General Survey on Equal Remuneration, in which it indicates the scope of the State's obligation to ensure the application of the principle of equal remuneration for work of equal value and where it recalls the principle of equal remuneration in collective agreements. The Committee also notes the Legislative Contract for the Wool Branch of the Textile Industry, which was supplied with the report, and which will remain in force from 21 January 1989 to 20 January 1991. The wage table in this Contract illustrates that the jobs that are indicated are to be performed by workers in general without distinction on grounds of sex. The Committee requests the Governent to supply information on the difference in the wages received by women and men in the Angelus S.A. enterprise.

5. The Committee also notes the Government's statement that the application of the principle of equal remuneration in the public sector is controlled by the General Directorate of the Civil Service of the Secretariat of Planning and the Federal Budget, which has the responsibility of proposing standards relating to job classifications, wage tables, systems of wage scales, the payment of remuneration, benefits, personal services, personnel administration and development, and the operation of the information and registration systems, in accordance with section 17(II) of the Internal Regulations of the Secretariat of Planning and the Federal Budget. The Committee requests the Government to supply detailed information (regulations, collective labour agreements, statistical data, general wage scales, etc.) on the measures that have been taken or are envisaged to promote or to guarantee the application of the principle of remuneration as set out in the Convention as regards the wages that are actually paid in the public and private sectors.

The Committee also once again requests the Government to supply information on the activities of the labour inspectorate for the purpose of ensuring observance of the principle of equal remuneration, and on cases in which the wages payable to women are below the minimum legal wage, and to attach, in so far as possible, copies of surveys, studies and reports on offences.

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