Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

Equal remuneration for men and women for work of equal value. In its previous comments, the Committee referred to article 123 of the Constitution and section 86 of the Federal Labour Act, which establish the right to equal pay for equal work performed in equal jobs, hours of work and conditions of efficiency, without taking into account either sex or nationality. It further noted that the Federal Labour Act to Prevent and Eliminate Discrimination did not give expression in law to the principle of “equal remuneration for work of equal value”, as set out in the Convention. The Committee once again hoped that, when discussing the reform of the Federal Labour Act, the Government would take into account the Committee’s comments so as to give legislative expression to the principle of the Convention. The Committee notes the Government’s indication that it has taken note of the Committee’s comments, and that the Workers’ Confederation of Mexico, in a communication transmitted through the Government, reiterates its agreement to the introduction of amendments and additions to modernize and update the labour legislation. The Committee refers to its general observation of 2006 and particularly paragraph 6, in which it indicated that, “Noting that several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work, the Committee urges the governments of those countries to take the necessary steps to amend their legislation. Such legislation should not only provide for equal remuneration for equal, the same or similar work, but also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.” The Committee, therefore, asks the Government to make every effort required to bring its legislation into conformity with the principle of work of equal value as laid down in the Convention and to keep the Committee informed on the progress achieved in this respect.