Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Protection of Wages Convention, 1949 (No. 95) - Mexico (Ratification: 1955)

The Committee notes the information contained in the Government’s report, in particular the adoption of the Act of 24 April 2006 establishing the National Workers’ Consumption Fund and its Regulations of 30 November 2006. The Government refers to the provisions of Part VII of the Federal Labour Law on the protection of wages and also to the General Regulations for Inspection and Application of Sanctions for Violations of the Labour Legislation (RGIASVLL) as giving effect to the requirements of the Convention. The Government adds that in the period from January 2000 to June 2007 a total of 89,467 inspection visits had been carried out but no infringements of the labour legislation in matters related to the Convention were observed.

The Committee notes, however, other sources that point at serious violations of the principles of the Convention such as the obligation to pay wages on time and in full or the obligation to pay wages, however designated or calculated, for work done or to be done or for services rendered or to be rendered. More concretely, the Committee notes that in its concluding observations of May 2006, the United Nations Committee on Economic, Social and Cultural Rights expressed concern about women and indigenous workers frequently being underpaid or not paid at all, receiving no social security benefits or paid vacations, and often working on daily contracts or as unpaid family members. In addition, the Committee notes widely diffused press reports referring to practices, allegedly endorsed by local governments, whereby thousands of minors may “volunteer” for work in private retail stores without receiving any basic remuneration for their services other than gratuities given voluntarily by customers. Such practices are reportedly in compliance with an agreement concluded between the Mexico City municipal authorities and the Supermarkets and Department Stores Association, with a view to reaching out to children at risk and offering them decent opportunities. The Committee asks the Government to provide full explanations on the exact nature and scale of the practices described above and also to indicate the measures taken or envisaged in order to put an end to situations which may be contrary to either the letter or the spirit of the Convention.

Moreover, the Committee would appreciate if the Government would provide in its next report more detailed information on the practical application of the Convention, including, for instance, copies of official studies on issues dealt with in the Convention, any difficulties experienced in implementation of the Convention, in particular in export processing zones (maquiladoras) and plantations, bearing also in mind the Committee’s latest comments regarding the application of Conventions Nos 87, 110, 169 and 182, statistics on inspection results showing the number of violations observed and the penalties imposed, and any other particulars which would give a realistic picture of the social realities in the country as regards the protection of wages and consequently enable the Committee to better understand the challenges faced and the action taken by the Government.