Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 5 of the Convention and Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government in its report concerning the mandate, composition and activities of the National Minimum Wage Commission and its supreme body, the Council of Representatives. It also notes the data provided by the Government concerning fluctuations in minimum daily wages in the various geographical areas during the period between 1 January 2002 and 31 December 2007. The Committee notes that, under the terms of a resolution adopted by the National Minimum Wage Commission, the general minimum wages in force since 1 January 2007 are, respectively, 50.57, 49.00 and 47.60 pesos (or around 4.62, 4.48 and 4.35 US dollars) a day in the three geographical areas of the country. It also notes that occupational minimum wages of a higher rate have been determined for 86 categories of workers. However, the Committee notes that it is the position of the workers’ representatives on the National Minimum Wage Commission that they agreed to sign the above resolution so as not to further worsen the economic situation of workers, while conveying their awareness of the fact that the percentage increase decided upon does not adequately protect the purchasing power of workers paid at the minimum wage rate and does not meet their needs, as prescribed by Article 123(VI) of the Constitution. The Committee notes in this respect that, under the terms of this provision of the Constitution, general minimum wages shall be adequate to meet the normal needs of a head of family in material, social and cultural terms, and to permit her or him to provide for the compulsory education of her or his children, and that minimum occupational wages have to be determined also taking into account the situation of the various branches of economic activity. The Committee requests the Government to specify the extent to which and the manner in which account was taken, in determining the level of the various minimum wages, of the criteria enumerated in the Convention, such as the needs of workers and their families, taking into account the general level of wages in the country and the cost of living.

The Committee further notes that, between 1 January 2002 and 30 June 2007, there were 57,135 ordinary inspections relating to general conditions of work in enterprises subject to the federal jurisdiction and that no infringement of the legislation in the fields covered by the Convention was reported through these inspections or through complaints by workers. It further notes that the Federal Conciliation and Arbitration Commission has not had claims before it relating to issues covered by the Convention. The Committee also notes that, during the period covered by the Government’s report, the Office of the Federal Defender of Workers’ Rights (PROFEDET) did not intervene to represent workers in judicial procedures relating to issues covered by the Convention. The Committee nevertheless understands, inter alia, from a reading of a study by the World Bank on the impact of minimum wages in Mexico, that the minimum wage legislation is still broadly ineffective both in the formal sector and the informal economy. The Committee therefore requests the Government to continue providing information on the application of the Convention in practice, including on the outcome of inspections, procedures before the Federal Conciliation and Arbitration Commission and the action taken by the PROFEDET in relation to compliance with statutory minimum wages.

The Committee also notes the information provided by the Government concerning the establishment, on 22 December 2000, of the Advisory Committee for the Modernization of the Minimum Wage System. It notes that the Advisory Committee’s mandate was to: (a) identify as precisely as possible the number, location, fields of activity and socio-economic characteristics of employed persons receiving the minimum wage; (b) propose the necessary modifications so that the National Minimum Wage Commission and its Council of Representatives can discharge their technical functions with the greatest possible objectivity and effectiveness; and (c) propose the basis or elements of a wage policy allowing a progressive and lasting increase in minimum wages in real terms in a context of economic growth and the containment of inflation. It notes that the Advisory Committee undertook its work between the months of January and August 2001 and included three representatives of workers, three representatives of employers, a representative of the Bank of Mexico and a representative of the Secretariat of Finance and Public Credit. It further notes that, in fulfilling its mandate, the Advisory Committee convened a number of round table meetings which included the participation of representatives of various universities, the National Institute of Statistics, Geography and Information Technology, the National Population Council and officials from the ILO Office for Mexico and Cuba. With regard to the outcome of its work, the Committee of Experts notes that the Advisory Committee reached consensus on the need for knowledge of the economic, social and demographic characteristics of workers receiving the minimum wage. It further notes that the Advisory Committee agreed to modify the distribution of the material and human resources engaged in the formulation of the price index for the families of workers receiving the minimum wage in the metropolitan area of the City of Mexico with a view to conducting studies on the cost of living and the socio-economic situation of the families concerned. The Committee requests the Government to provide any relevant information on the tangible outcomes of the work of the Advisory Committee for the Modernization of the Minimum Wage System and, where appropriate, to supply copies of the reports published by the Advisory Committee. The Government is also requested to provide information on any measure adopted to give effect to the recommendations made by the Advisory Committee.