Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020), as well as the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), forwarded with the supplementary information. The Committee also notes the observations of the Autonomous Confederation of Workers and Employees of Mexico (CATEM), the International Confederation of Workers (CIT) and the Regional Confederation of Mexican Workers (CROM), forwarded with the Government’s report.

Article 1 of the Convention. Pay gap. In its previous comments, the Committee requested the Government to adopt measures to reduce the gender pay gap. The Committee notes the Government’s indication that: (1) a new Government of Mexico Minimum Wage Policy 2018-24 has been adopted and sets out among its principal objectives the reduction of income inequality, including the gender income gap; (2) the increase in the minimum wage is having positive effects in reducing the gender pay gap as more women workers than men are paid the minimum wage; (3) in May 2019, the National Minimum Wage Board (CONASAMI) submitted a proposal to fix a minimum wage for domestic work (according to the information provided by the Government, nine out of ten workers in this sector are women); (4) Mexican Standard NMX-R-025-SCFI-2015 on Labour Equality and Non-Discrimination (NMX) has been adopted, which establishes a certification process for work units that implement labour equality and non-discrimination practices (including in relation to wage equality); (5) between 2016 and 2019, a series of events and workshops were held to explain the requirements of the NMX and to promote the certification of public and private work units; and (6) in the context of the cooperation programme between the European Union and Latin America (EuroSocial+), a series of activities have been undertaken to promote exchanges on good practices for the implementation of the NMX. With regard to the impact of these measures, the Committee notes that the Government: (1) indicates that the National Employment and Occupation Survey (ENOE) published by the National Institute of Statistics and Geography (INEGI) makes it possible to measure the gender pay gap; (2) provides detailed data on fluctuations in the gender income gap (indicating, for example, that between 2005 and 2019, the gap between the real average income of men and women has varied little, and was 5.4 per cent in 2018, and that the gap between the average hourly wage fell by 4.5 percentage points, as in 2005 the average income of women was 6.2 per cent lower than that of men compared with 1.7 per cent below that of men in 2019); and (3) reports in its supplementary information that as a result of the increase in the minimum wage the gender pay gap in the Northern Border Free Zone fell by 24.88 per cent to 22.25 per cent. The Committee also observes that the Government refers to the Family Responsible Business Award and reports that certain objectives are being addressed to end labour inequality between men and women, although women’s unpaid work is one of the principal obstacles to achieving equal conditions on the labour market. The Committee also notes the allegations by the CROM in its observations that the participation of women in the labour market has increased, but that the large pay gap has not disappeared. According to the CROM, women lose out on opportunities because they cannot leave aside family responsibilities and that the strengthening of public policies to increase the prevalence of equal remuneration must be jointly promoted through social dialogue. The Committee also notes the emphasis placed by the CIT on the importance of enforcing the legislation on equal remuneration. It further notes the proposal by the CATEM of changes to the Finance Act to establish a tax incentive for enterprises to obtain certification of good practices in relation to equal remuneration. The Committee requests the Government to continue making every possible effort to measure and reduce the gender pay gap.

Article 3. Objective job evaluations. In its previous comments, the Committee requested the Government to provide information on the adoption of a system for the objective evaluation of jobs to determine remuneration rates in the public and private sectors. With reference to the private sector, the Committee notes the Government’s indication that, following the reform of the Federal Labour Act in 2019, section 280bis provides for the fixing of the minimum occupational wages of men and women rural workers, taking into account the nature, quantity and quality of the work, the physical effort and the wages and benefits received in establishments and enterprises engaged in producing agricultural products. With regard to the private sector and certification under the NMX, the Committee also notes that: (1) there are “critical” criteria for certification (which are essential to obtain it) and “non-critical” criteria (not essential, but relevant for the assessment); (2) the Government’s indication that the criteria include criterion No. 7 respecting the guarantee of equal wages, which is assessed through a verification of the establishment of job evaluation criteria for the determination and increase of wages without discrimination; and (3) the CAT refers to criterion No. 3 respecting personnel recruitment and selection processes, and the Committee observes that this criterion includes evaluation of the existence of a schedule of jobs and a scale of wages indicating minimum and maximum levels for the various levels of recruitment. The Committee requests the Government to: (i) clarify whether, for the purposes of NMX certification, it is ascertained that work units make use of techniques for the evaluation of different jobs with a view to determining their value and that these techniques are based on objective factors of comparison (such as skills, effort, responsibilities and working conditions), particularly within the framework of certification criteria Nos 3 and 7; and (ii) provide information on the application of section 280bis of the Federal Labour Act. The Committee once again requests the Government to provide information on the wage-fixing system in the public sector, and to specify whether it includes a mechanism for the objective measurement and comparison of the relative value of the various jobs, including the measures adopted to ensure that the determination of these wages is free from gender bias.