Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - Mexico (Ratification: 1952)

The Committee notes the observations submitted by the National Union of Workers (UNT) on 30 August 2011, which refer to the lack of regulation prohibiting discrimination against women with respect to remuneration and the need to improve the collection of statistics with a view to better assessing the pay gap. The Committee asks the Government to provide its comments in this respect.

Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that, although no amendments have been made to the Federal Labour Act for the inclusion of the principle of equal remuneration for work of equal value, the Mexican Standard for Equality at Work between Women and Men (NMX-R-O25-SCFI-2009) of 2009 has been adopted which establishes the conditions for any organization with workers in its service to be able to obtain certification and the label proving that its labour practices comply with equality and non-discrimination between women and men. The Standard includes indicators, practices and actions to promote equality of opportunity between women and men, and broadens the concept of equal wages for equal work to “equal wages for work of comparable value”. According to the Government, the objective of this provision is for women engaged in “female” occupations to earn the same as men engaged in “male” occupations where the qualifications, effort, responsibilities and conditions of work are comparable. In this respect, the Committee observes that, although the adoption of Standard No. NMX-R-025-SCFI-2009 promotes compliance with the principle of equality between men and women and constitutes progress in relation to the principle of equal wages for equal work, it is not clear if the concept of “comparable work” is being used in a manner synonymous with “work of equal value”. Furthermore, the Standard referred to is not of general application, but is intended for those organizations that wish to obtain certification that their labour practices are in compliance with equality between men and women, and therefore from this point of view may also be of more restricted application. Recalling that the concept of “work of equal value” is the cornerstone of the Convention and is applicable to all workers, the Committee once again asks the Government to take measures to give full legislative expression to the principle of the Convention. Please also provide information on the measures adopted and on the impact in practice of the Mexican Standard for Equality at Work between Women and Men, and on how “comparable work” is being determined in this context.

Gender wage gap. The Committee notes the statistical data provided by the Government, which show that the wage differences that exist between men and women in the labour market are largely influenced by the unequal distribution of workers between the various branches and occupations, working hours, educational level and the existence of low pay in activities where there is a high proportion of self-employment. The average gender wage gap in terms of average income fell from 32.4 per cent in 2008 to 29.3 per cent in 2009. The Committee asks the Government to continue providing detailed statistical data on the wages of men and women. The Committee also invites the Government to carry out studies on the reasons underlying the wage gap between men and women, and to adopt proactive measures so as to address more effectively the structural causes of the wage gap. The Committee asks the Government to provide information in this respect.