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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 45. In its previous examination of the case at its October 2013 meeting,
the Committee made the following recommendations on the matters still pending [see 370th
Report, para. 567]:
- (a) While it appreciates the information
provided by the Government, the Committee stresses that it is important that the
impact of the reform of the Federal Labour Act on overcoming the problems raised in
this case should be evaluated in terms of the legislation, but especially in terms
of practice, by the most representative national employers’ and workers’
organizations and by the six organizations that presented or supported the
complaint. The Committee therefore requests the Government, in dialogue with these
organizations, to evaluate the impact of the legislative reform on the questions
raised and to identify any issues that remain unresolved in law or practice.
- (b) The Committee requests the Government and the complainant
organizations to keep it informed in this regard.
- (c) The
Committee reminds the Government that it may avail itself, if it so wishes, of ILO
technical assistance in the framework of the evaluation process of national law and
practice.
- 46. In its communication dated 23 May 2014, the Government reports that
it has held various meetings with national and international trade union organizations
in which various issues on the labour agenda were addressed and in which the impact of
the legislative reform on the problems raised in this case were analysed. In particular,
the Government refers to the following four meetings: (1) in August 2013, the President
of Mexico met with a delegation of international trade union organizations comprising
representatives of the Trade Union Confederation of the Americas, IndustriALL Global
Union and United Steelworkers to discuss the most relevant labour policy issues; (2) in
April 2014, the President of Mexico met with the leaders of the National Union of
Workers (UNT) to discuss matters relating to the restoration of the purchasing power of
workers’ wages; economic growth, strengthening the domestic market, and the defence of
the rights of the working class; (3) in January 2014 a meeting was organized between the
Minister of Labour and Social Security and the leaders of the UNT in which they reviewed
and analysed the most important labour issues for the UNT; and (4) also in January 2014,
the leadership of the Revolutionary Confederation of Workers and Peasants (CROC) and the
Mexican Regional Confederation of Labour, met with the Minister of Labour and Social
Security to analyse various issues on the labour agenda and establish labour agreements
for 2014. Lastly, the Government reports that in October 2013, the Ministry of Labour
and Social Security wrote to the Director-General of the ILO to express his interest in
working on a supplementary agreement with a view to receiving technical assistance from
the ILO to advance the implementation of the labour reform. The Director-General of the
ILO reported that he had asked the ILO Country Office for Mexico and Cuba to initiate
contacts and meetings with the Ministry of Labour and Social Security to make progress
in that regard.
- 47. In its communication dated 2 June 2014, IndustriALL Global Union,
which represents the collective interests of more than 50 million workers in the mining,
energy and industrial sectors in more than 700 trade unions and in 140 countries,
reports that in August 2013 a meeting was held with the International Trade Union
Confederation (ITUC) and with the Government, in which the Government acknowledged that
protection agreements existed, but indicated that they are not recognized as a
legitimate instrument under the law. The Government committed itself to engaging in
dialogue with the trade unions to find a solution in this regard and to take measures to
ratify the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). As
regards the impact of the new Federal Labour Act on conditions of labour and in
particular with regards to the “legalization of subcontracting”, the Government
committed itself to consulting with the Director-General of the ILO as to whether it
would be possible for ILO experts to carry out a technical review of the new Act. In the
event of a positive response from the ILO, a technical assistance agreement is being
developed. Lastly, IndustriALL Global Union reports that it is discussing with its
Mexican member unions the signature of a declaration in which the unions declare their
commitment to combating protection agreements and in which they request the Government
to sign and ratify Convention No. 98.
- 48. The Committee appreciates the information provided by the Government
and by IndustriALL Global Union and notes with interest that the Government has held
meetings with national and international trade union organizations in which the relevant
labour issues were discussed, including the recommendations that the Committee made in
relation to this case in its last report, and that the Government and IndustriALL Global
Union report that a technical assistance agreement with the ILO is being developed with
a view to a technical review of the new legislation. The Committee requests the
Government to keep it informed in this regard.
