Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the information contained in the Government’s report. It also notes the comments of the Confederation of Business Chambers of Industry (CONCAMIN).

1. The Committee notes the Government’s indication that women’s average hourly earnings are significantly lower than those of men in many sectors, although they approach near parity with men’s wages in the category of "salaried employees" where, according to the 1997 figures provided in the Government’s last report, women earned 98.5 per cent of the average hourly wage earned by men. The Committee further notes from the national employment surveys that, in 1997, 28 per cent received less than one minimum daily salary. The corresponding figures for men were significantly lower, at 13.8 per cent and 18.4 per cent, respectively. The statistics also indicate that three times as many men (2.6 per cent) as women (0.9 per cent) were at the highest wage scale (ten or more minimum daily salaries).

2. In its comments, CONCAMIN states that national legislation, which establishes the right of equal pay for equal work performed under equal conditions of efficiency, is compatible with the Convention. In its view, this legislation satisfies the requirements of the Convention. In respect of the principle of equal remuneration for work of equal value, CONCAMIN indicates that there are no standards in place permitting a determination of the relative value of work.

3. In respect of the above indications and relevant national legislation (article 123 of the Constitution of Mexico and section 86 of the Federal Labour Act), the Committee draws attention to the language of Article 2(1) of the Convention, which calls for "the application to all workers of the principle of equal remuneration for men and women workers for work of equal value". Value refers to the worth of the job for purposes of computing remuneration. This broader basis of comparison is intended to reach discrimination which may arise out of the existence of occupational categories and jobs reserved for women and is aimed at eliminating inequality of remuneration in female-dominated sectors, where jobs traditionally considered as "feminine" may be undervalued due to sex stereotyping (see General Survey on equal remuneration, ILO, 1986, paragraphs 19-23). The Committee recalls its previous comments that the national jurisprudence (copies of which were provided by the Government in its previous report) indicates that the legal requirement of equal remuneration does not extend to similar work. In this context, it notes from the report that the Steering Committee of the National Women’s Commission of the Department of Administration deems it necessary to continue working on the legislation to promote the principle of equal remuneration for men and women workers for work of equal value. The Committee therefore asks the Government to indicate whether consideration is being given to the possibility of giving legislative expression to the principle expressed in Article 2. Moreover, in light of CONCAMIN’s communication, the Committee asks the Government to indicate the manner in which the Government is promoting awareness and understanding of the Convention and seeking cooperation with employers’ and workers’ organizations to give effect to the principle of equal remuneration for work of equal value.

The Committee is addressing a request directly to the Government on other points.