Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - Mexico (Ratification: 1956)

Article 2, paragraph 1, of the Convention. Period during which night work is prohibited. In its previous comments, the Committee pointed out that, by defining night work as work performed between 8 p.m. and 6 a.m., i.e. a period of ten hours, section 60 of the Federal Labour Act fails to give effect to Article 2, paragraph 1, of the Convention, which defines “night” as a period of at least 12 consecutive hours.

In its report, the Government indicates that the national legislation on night work has not been amended. It further indicates that the labour inspectorate carried out more than 35,600 inspections of workplaces likely to be concerned by the application of the federal labour legislation governing night work and that they found no minors working at night in these enterprises. The Committee reminds the Government that, according to Article 2 of the Convention, the term “night” signifies a period of at least 12 consecutive hours, and that during this period work by young persons is prohibited. This 12-hour period includes different intervals, prescribed according to age, for the purpose of exceptions that may be allowed to the prohibition on night work for young persons under 18 years of age. While noting that section 175 of the Federal Labour Act prohibits night work by young persons under 18 years of age in industry, in accordance with Articles 3(d) and 4 of Convention No. 182, the Committee again observes that section 60 of the Federal Labour Act, by providing that “night” is the interval between 8 p.m. and 6 a.m., establishes a period of ten hours during which work by minors is prohibited. By so doing, section 60 of the Federal Labour Act is inconsistent with Article 2, paragraph 1, of the Convention, which imposes a period of at least 12 consecutive hours. The Committee notes with regret that, despite the request which it has repeatedly made since 1972, no measures have been taken to give effect to the Convention. It urges the Government to take the necessary steps as soon as possible to bring the Federal Labour Act into line with the Convention and practice on this point.