Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mexico (Ratification: 1950)

The Committee notes the information supplied by the Government in its report and the comments of the National Federation of Banking Unions (FENASIB) contained in the report. The previous direct request referred to the situation in law as regards the right to strike, particularly in banking and credit institutions belonging to the State, as well as to section 372, point II, of the Federal Labour Act concerning the prohibition placed upon foreigners from being members of trade union executive bodies.

With regard to the right to strike of employees in private banks, the Committee notes that this will be covered by the Federal Labour Act and section 121 of the Act respecting credit institutions. In this context, the Committee already noted with interest the positive development in this respect and is grateful for the information supplied by the Government concerning the collective agreements concluded by various banking institutions, which are organized in the form of limited companies, and their trade unions.

With regard to the right to strike of employees in banking institutions belonging to the public administration, the Committee notes the information provided by the Government to the effect that the explicit exception laid out in the Act adopted under section 123(B)(XIIIbis) of the Constitution (section 5), applies to Chapter III, Title Four of the Federal Act on State Employees.

The Committee notes that the Federal Act on State Employees contains provisions restricting the right to strike (Title 4, Chapter III) and once again emphasizes that restrictions or prohibitions on the right to strike in the public sector should be confined to public servants acting in their capacity as agents of the public authority, or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population. In the same way, the Committee on Freedom of Association has considered, for example, that essential services in the strict sense of the term did not include, in particular, banks, education or radio and television.

With regard to the prohibition on foreigners from becoming members of the executive bodies of trade unions (section 372, point II, of the Federal Labour Act), since the Government has not provided new information, the Committee once again points out that greater flexibility should be given to the legislation in order to permit organizations to elect their officers in full freedom and to permit foreign workers to have access to trade union office after a certain period of residence in the country, at least up to a reasonable proportion.

The Committee requests the Government to supply information in its next report on the positive measures that have been adopted to ensure that full effect is given to the Convention in this respect.