Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Mexico (Ratification: 1993)

The Committee notes the observations of the Confederation of Employers of the Mexican Republic (COPARMEX) and the Authentic Workers’ Confederation of the Republic of Mexico (CAT), included in the Government’s reports of 2018 and 2020, respectively.

Article 3 of the Convention. National policy for the hotel and catering sector. The Committee notes the Government’s indication that conditions of work for workers in the hotel and catering sector are regulated by the Sixth Title, Chapter XIV, of the Federal Labour Act (sections 344–350), which establishes a specific regime for workers in that sector. With regard to vacations, the Government indicates that the Third Title, Chapter IV, of the Federal Labour Act guarantees that vacations are provided and can be taken, both in cases where the time period for eligibility has been completed (in the case of continuous work) and in cases of non-continuous or seasonal service, where the right of workers to an annual vacation period in proportion to the number of days worked is recognized (section 77). Moreover, the Government indicates that, under the provisions of the Federal Labour Act, while tips (gratuities) are part of the remuneration of workers in hotels and restaurants, they cannot constitute the entire wage. The Government also indicates that the National Minimum Wage Board fixes the occupational minimum wages which must be paid to these workers. However, the Committee notes that the Government does not provide specific information on the application of these provisions in practice. The Committee also notes that COPARMEX indicates in its observations that most enterprises in the hotel and catering sector are subject to collective agreements concluded with workers’ organizations. COPARMEX adds that the benefits granted by these agreements are superior to those established by the Federal Labour Act provisions on vacations and public holidays. It further indicates that pay levels are also established in collective agreements, most of which set pay levels higher than the general occupational minimum applicable to their specialist areas. The Committee further notes that the CAT refers in its observations to various measures adopted to improve the working conditions of all workers, including those in the hotel and catering sector. Such measures include the implementation of the “Sectoral Programme for labour and social welfare 2020–2024”, adopted on 24 June 2020. The priority goal of the Programme is recovery of the purchasing power of minimum wages and incomes to improve the quality of life for workers. The CAT observes that, on account of the new minimum wage policy, minimum wage levels have increased throughout the country. However, the CAT claims that despite such measures, workers in the sector have been seriously affected by the COVID-19 pandemic. In this regard, the CAT emphasizes that large-scale public assistance is needed to ensure the survival of enterprises in the tourism sector and says that such assistance should be extended to the workers concerned. Lastly, the Government refers to the adoption in 2016 of the “Inspection protocol relating to safety and health, training and general conditions of work in restaurants, restaurant-bars and hotels”, aimed at raising awareness of the requirements established by the labour authority to comply with the regulations applicable to workplaces in this sector. The Government states that, between July 2013 and 30 June 2018, a total of 788 inspections were carried out in the sector, 20,695 measures were issued in this regard, and 35,876 workers were the beneficiaries. However, the Committee notes that the Government does not provide information on the type of infringements identified during the inspections or on the penalties imposed. The Committee requests the Government to send detailed, up-to-date information on the application of the Convention in practice, including copies of sectoral and enterprise collective agreements, extracts of inspection reports, judicial decisions and data on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex and age, and also on the number and type of infringements recorded. In addition, in light of the observations of the CAT, the Committee requests the Government to provide information on the measures taken to address the impact of the COVID-19 pandemic in the tourism sector and their effect.