Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020), as well as the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), forwarded with the supplementary information. The Committee also notes the observations of the Autonomous Confederation of Workers and Employees of Mexico (CATEM), the International Confederation of Workers (ITC) and the Regional Confederation of Mexican Workers (CROM), forwarded with the Government’s report.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee noted that section 86 of the Federal Labour Act provides that there shall be equal pay for equal work performed in the same post, the same working day and conditions of efficiency, and it requested the Government to take the necessary measures to give full legislative effect to the principle of the Convention. The Committee notes the Government’s reference in its report to many legislative changes to integrate the principle of gender equality into the legislation (which are examined in greater detail by the Committee in its direct request on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)), although it observes that these changes have not modified section 86 of the Act. The Committee recalls that the legislation should not only provide for equal remuneration for “equal”, “the same” or “similar” work, but should also address situations where men and women perform different work that is nevertheless of the same value (General Survey on the fundamental Conventions, 2012, paragraph 679). The Committee once again requests the Government to take measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value as set forth in the Convention.

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