Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

Article 2, paragraph 1, of the Convention. In the comments it has been making since 1972, the Committee has noted that national legislation does not give effect to the requirement of the Convention which prohibits the employment of young persons under 18 years of age on work during the night, which is defined as a period of at least 12 consecutive hours. Section 175 of the Federal Labour Act prohibits the employment of young persons under 18 years of age in industrial night work, without specifying what is meant by night work for the purpose of this prohibition. Section 60 of the Federal Labour Act defines night work as work performed between 8 o’clock in the evening and 6 o’clock in the morning, namely, during a period of ten hours. This provision which is applicable to all workers ignores the particular requirement of the Convention in regard to persons under 18 years of age.

Article 2 of the Convention lays down that the night signifies a period of at least 12 consecutive hours (paragraph 1), that for young persons under 16 years of age this period shall include the interval between 10 o’clock in the evening and 6 o’clock in the morning (paragraph 2) and for young persons between the ages of 16 and 18 years, at least seven consecutive hours falling between 10 o’clock in the evening and 7 o’clock in the morning (paragraph 3). In 1975, the Government stated in its report that Mexican labour legislation does not understand the term "night" to mean a period of at least 12 consecutive hours and does not comply with the provisions of the Convention which state that persons younger than 18 years of age shall be prohibited from working for the above period. In that year, the Committee noted a draft law intended to supplement section 175 of the Federal Labour Act (prohibition of night work for young persons under 18 years of age) by adding a paragraph stating that for the purposes of this section night work shall be taken to mean work carried out between 7 p.m. and 7 a.m. Such a provision would comply with the requirements of the Convention.

In later reports, the Government stated that there was no discrepancy between national legislation and this requirement of the Convention.

The Committee notes the Government’s statements in its latest report regarding the absence of any initiatives to amend the Federal Labour Act in this respect. The Committee requests the Government to take the necessary measures to ensure compliance with the Convention.