Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Equal remuneration for men and women for work of equal value. The Committee notes that, according to the Government, there have been no changes to the legislation concerning the principle of equal pay for work performed in the same posts, working day and conditions of efficiency. The Committee reiterates that section 86 of the Federal Labour Act, which provides that “there shall be equal pay for equal work performed in the same post, for same working day hours of work and conditions of efficiency”, does not give effect to the principle set out in the Convention of equal remuneration for work of equal value. Work of equal value covers not only work that is equal, the same or similar but also different work in different jobs and different sectors, which is nevertheless of equal value. The Committee therefore asks the Government once again to take steps to bring its legislation into conformity with the Convention and to provide information on the measures taken.

Wage gap. The Committee notes the statistical data provided by the Government. In its previous comments, the Committee noted that, according to the report, the revenue gap between men and women was 31.1 per cent in 2006. The Government indicates that the revenue of men and women are traditionally compared based on net monthly income and that, according to this criterion, there has been a slight downward trend in recent years with regard to the gap, which has ranged from 43.9 per cent in 2000 to 32 per cent in 2007. Furthermore, it indicates that if the earnings per hour worked are compared based on the average income divided by the number of hours actually worked, the gap is reduced to 5 per cent on average. As the Government points out, the 5 per cent is an average across different branches of activity and the Committee notes that these differences are significant. There is a 0.6 per cent gap in wholesale trade, for example, and a 68.8 per cent gap in corporate management. In this regard, the Committee further notes that there is a gap per hour of 55 per cent in health and social assistance, 41.3 per cent in professional, scientific and technical services, 35.2 per cent in information and mass media and 39.5 per cent in manufacturing industries. The Committee considers that examining the gap according to branch of activity may help to uncover the reasons for the gap and facilitate appropriate action to reduce it, whereas the average gap across sectors does not help in investigating its origins. The Committee therefore asks the Government to examine in more detail the reasons for the gap in those branches in which the gap is 30 per cent or more and to provide detailed information on this matter. The Committee also asks the Government to continue providing information on any changes in the wage gap according to hours worked and branch of activity.

The Committee is raising other points in a request addressed directly to the Government.