Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Mexico (Ratification: 1959)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)), 30 (hours of work (commerce and offices)), 106 (weekly rest (commerce and offices)), and 153 (hours of work and rest periods (road transport)) together.

The Committee notes the observations of the Confederation of Workers of Mexico (CTM) on the application of Convention No. 153, communicated with the Government’s report.

Article 6 of Convention No. 30. Average hours of work over a period of more than a week. The Committee notes that the Federal Labour Act (LFT) contains no provisions relative to average hours of work and that, in earlier reports, the Government indicated that the national legislation neither provided for nor prohibited the use of average numbers of hours worked. In this regard, the Committee requests the Government to indicate whether, in practice, systems of average hours worked are used and, if so, to provide information on the way in which such systems are applied, specifying in particular the limits for average weekly working hours, the reference periods and the maximum daily hours of work. The Committee further requests the Government to provide information on the way in which this aspect is regulated in collective bargaining and, where they exist, to provide copies of collective agreements containing clauses on average hours of work.

Article 5 of Convention No. 14 and Articles 7(2) and 8(3) of Convention No. 106. Compensatory rest. The Committee notes that the LFT provides, under its section 73, that an employer shall pay a worker who provides services during his day of rest, independently of the wages corresponding to the rest period, double wages for the services provided, without providing for the granting of compensatory rest. In this regard, the Committee recalls the importance for workers who have been deprived of their weekly rest to be granted compensatory rest in all cases, irrespective of any monetary compensation (2018 General Survey on working time instruments, paragraphs 252 and 253). The Committee requests the Government to indicate the measures adopted or envisaged, whether legislative or otherwise, to guarantee the granting of compensatory rest to workers who perform work on the day of weekly rest, in conformity with those Articles of the Conventions.

Legislation. The Committee notes the information in the Government’s report on the adoption in 2018 of Mexican Official Standard NOM-087-SCT-2-2017 which establishes driving time and breaks for federal road transport drivers and on a legislative initiative submitted to the Congress of the Union in 2020 which aims to include provisions in the LFT on rest for road transport workers, as established under NOM-087-SCT-2-2017. The Committee requests the Government to provide information on the progress made in the adoption of this legislative initiative.

Article 1 of Convention No. 153. Scope of application. The Committee notes that the provisions of NOM-087-SCT-2-2017: (i) apply only to drivers of vehicles used for road transport services and private transport of goods and persons, on roads and bridges under federal jurisdiction (section 3), without reference to drivers of vehicles used for other forms of transport; and (ii) do not specify the public or private character of the entities, by which the drivers are employed, that are authorized to undertake transport on federal roads. The Committee also notes that the LFT, which contains provisions applicable to road transport drivers, excludes workers from family industries generally from its scope of application (sections 351 and 352). In these circumstances, the Committee requests the Government to indicate: (i) the manner in which the provisions of the Convention apply to the categories of drivers referred to in its Article 1, and which are covered neither by NOM-087-SCT-2-2017, nor by the LFT, including drivers of vehicles used for transport on roads under jurisdiction other than federal jurisdiction and to drivers that are family members of the owners of vehicles used for road transport; and (ii) whether NOM-087-SCT-2-2017 applies to wage-earning drivers providing services to public and private entities authorized to undertake federal road transport.

Article 2. Exclusions. In the absence of updated information in this regard, the Committee requests the Government to provide detailed information on the categories of drivers it judged necessary to exclude from the scope of application of the Convention, indicating: (i) the authority or body which made the exclusion; (ii) whether the exclusion is in respect of all or some of the provisions of the Convention; and (iii) the standards governing driving time and rest periods applicable to the excluded categories of drivers.

Articles 6 and 8. Maximum total driving time. Daily rest. The Committee notes that sections 4.7 and 4.6 of NOM-087-SCT-2-2017 provide for a maximum total driving time (14 hours in a period of 24 hours) and a duration of daily rest (eight consecutive hours, specifically in federal road freight transport) which are not in conformity with the limits provided respectively in Articles 6(1), and 8(1), of the Convention. The Committee also notes that the LFT lacks specific provisions on maximum total driving time or on daily rest for road transport drivers. The Committee requests the Government to provide detailed information on the measures adopted or envisaged to ensure that: (i) the maximum total driving time (including overtime hours) for drivers to whom Article 1 of the Convention refers, including those to whom NOM-087-SCT-2-2017 is applicable, do not exceed nine hours a day or 48 hours a week; and (ii) drivers’ daily rest shall be at least ten consecutive hours during any 24-hour period starting from the beginning of the working day.

Application in practice. The Committee notes that the CTM indicates in its observations that although the Convention may be well regulated, in practice compliance is weak, with long, difficult and extenuating working days resulting from lack of training for drivers, the drivers’ health condition (use of substances to reduce fatigue), the state of the vehicles and the absence of relevant standards in enterprises, among other factors. The Committee requests the Government to provide its comments in this regard.

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

Part V of the report form. Practical application. The Committee notes the statistical information supplied for the period 2003–08 showing that 118,151 inspections of working conditions were carried out which uncovered no infringements in the area covered by the Convention. The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts of reports by the inspection services indicating the number and nature of infringements recorded and the sanctions imposed, information on the number of workers covered by the legislation, copies of relevant collective agreements, recent studies on the subjects covered by the Convention, information on any difficulties encountered in applying the Convention in specific sectors or regions, etc.