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

Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - Mexico (Ratification: 1956)

1. The Committee notes with interest the Decree stating that articles 3 and 21(I) of the Political Constitution of the United States of Mexico have been amended (Official Gazette of 5 March 1993).

2. Article 2 of the Convention. In previous comments the Committee has pointed out that section 60 of the Federal Labour Act, which sets an interval of ten consecutive hours during which night work of young persons under 18 years of age is prohibited in industry, is not consistent with the provisions of this Article of the Convention which lays down a period of 12 consecutive hours. The Committee has also pointed out that, in their present wording, the provisions of sections 60 and 175 of the above-mentioned Act allow a rest period of less than 12 consecutive hours between work periods. For example, a young person working from 12 noon until 8.00 p.m. and resuming work on the following day at 6.00 a.m. would have only ten consecutive hours of rest instead of the 12 hours provided for in this Article of the Convention. The Government repeats that the Mexican legislation, specifically section 60 of the Federal Labour Act, is in no way inconsistent with Article 2 of the Convention, but that if it were, the text of the Convention would prevail wherever it is to the advantage of the worker. The Government adds that the foregoing is established in article 133 of the Constitution which gives the Convention precedence over all other laws and incorporates it into domestic legislation.

The Committee notes this information and trusts that the Government will take the necessary measures to bring the Federal Labour Act fully into conformity with the Convention. It asks the Government to report on any progress made in this respect.