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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the Government’s statement in its report that article 123 of the Constitution was amended in June 2014 to increase the minimum age for admission to work from 14 to 15 years of age.

The Committee notes the Government’s indication that, although the legislation does not define the term “night” as a period of at least 12 consecutive hours, night work for young persons under 18 years of age in industrial undertakings is prohibited under section 175(2) of the Federal Labour Act and that section 995 establishes higher penalties for non-compliance with any of the provisions on the protection of minors. The Government recalls that night work is defined in section 60 of the Federal Labour Act as the period between 8 p.m. and 6 a.m. It adds that section 61 of the Federal Labour Act provides that the working day shall not exceed eight hours and that, if the work is performed during the night, it shall not exceed seven hours. For young persons under the age of 16, section 177 provides that the working day shall not exceed six hours. Lastly, the Government indicates that, under section 178, overtime is prohibited for young persons under the age of 18. The Committee notes with interest that a joint reading of sections 60, 61, 175(2), 177 and 178 of the Federal Labour Act results in the prohibition of work by minors under the age of 18 in industrial undertakings for a period of at least 12 consecutive hours between 8 p.m. and 6 a.m.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(1) of the Convention. Period during which night work is prohibited. In its previous comments, the Committee repeatedly 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(1) of the Convention, which defines “night” as a period of at least 12 consecutive hours.

The Committee notes the Government’s indications that, although national legislation does not contain a prohibition for young persons under 18 years of age to work during the night for 12 consecutive hours, the Government has taken measures to regulate night work of minors and sanction any contravention. The Committee notes the Government’s reference in this regard to the Federal Regulation on Safety, Health and the Working Environment, of 21 January 1997. Yet the Committee observes that the Regulation in question does not contain any provision on the night work of minors. The Committee furthermore notes that section 175(2) of the Federal Labour Act prohibits night work for young persons under 18 years of age in industrial undertakings and section 995 provides for aggravated sanctions for the non-respect of any of the provisions relating to the protection of minors. As regards application in practice, the Committee notes the Government’s indications that the Federal Attorney’s office for Labour Defense has not received any cases relating to the subject matter of the Convention. It also notes that the labour inspectorate between 2008 and May 2012 carried out more than 218,000 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 also notes the extracts of collective agreements provided by the Government which contain provisions on the night work of women. Yet, like section 60 of the Federal Labour Act, they establish that “night” is the interval between 8 p.m. and 6 a.m., establishing a period of ten consecutive hours during which work by minors is prohibited.

The Committee points out again that section 60 of the Federal Labour Act is not in conformity with Article 2 of the Convention. In this regard, the Committee reminds the Government that Article 2 of the Convention lays down that night signifies a period of 12 consecutive hours (paragraph 1). For young persons under 16 years of age this period shall include the interval between 10 p.m. and 6 a.m. of the following day (paragraph 2), and for young persons between the ages of 16 and 18 years, the interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m. (paragraph 3). The Committee notes with deep regret that, despite the request which it has repeatedly made since 1972, no measures have been taken to give effect to the Convention. The Committee therefore again urges the Government to finally take the necessary measures to amend the Federal Labour Act in order to ensure conformity with Article 2 of the Convention.

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

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.

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

The Committee takes note of the Government’s report.

Article 2, paragraph 1, of the Convention. Period during which night work is prohibited. In its previous comments, the Committee noted that section 175 of the Federal Labour Act prohibited night work for young persons under the age of 18 in industry. It also noted that section 60 of the Act defined night work as work performed between 8 p.m. and 6 a.m., i.e. a period of ten hours. The Committee pointed out that the national legislation did not give effect to Article 2, paragraph 1, of the Convention, which defines “night” as a period of 12 consecutive hours. The Government initially indicated that Mexico’s labour legislation did not define “night” as a period of at least 12 consecutive hours and was inconsistent with the provisions of the Convention. The Committee took note of the draft legislation to supplement section 175 of the Federal Labour Act (prohibition on night work for persons under 18 years of age) which gave effect to the Convention. However, the Government thereafter stated that there was no discrepancy between the national legislation and this provision of the Convention, and that no such amendment to the Federal Labour Act was envisaged.

The Committee takes note of the information sent by the Government in its report to the effect that the labour inspection services have not detected any night work by minors. The Committee notes with regret that although it has made repeated requests since 1972, the Government has not yet taken the necessary legislative measures to give effect to the Convention. It again points out to the Government that section 60 of the Federal Labour Act, by providing that work performed between 8 p.m. and 6 a.m. is night work, establishes a period of ten hours, and is accordingly inconsistent with Article 2, paragraph 1, of the Convention, which requires a period of 12 consecutive hours. The Committee urges the Government to take legislative measures to remedy this state of affairs as soon as possible and requests it to report all progress made in this regard.

[The Government is asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 2, paragraph 1, of the Convention. In the comments it has been making since 1972, the Committee has noted that national legislation does not give effect to the requirement of the Convention which prohibits the employment of young persons under 18 years of age on work during the night, which is defined as a period of at least 12 consecutive hours. Section 175 of the Federal Labour Act prohibits the employment of young persons under 18 years of age in industrial night work, without specifying what is meant by night work for the purpose of this prohibition. Section 60 of the Federal Labour Act defines night work as work performed between 8 o’clock in the evening and 6 o’clock in the morning, namely, during a period of ten hours. This provision which is applicable to all workers ignores the particular requirement of the Convention in regard to persons under 18 years of age.

Article 2 of the Convention lays down that the night signifies a period of at least 12 consecutive hours (paragraph 1), that for young persons under 16 years of age this period shall include the interval between 10 o’clock in the evening and 6 o’clock in the morning (paragraph 2) and for young persons between the ages of 16 and 18 years, at least seven consecutive hours falling between 10 o’clock in the evening and 7 o’clock in the morning (paragraph 3). In 1975, the Government stated in its report that Mexican labour legislation does not understand the term "night" to mean a period of at least 12 consecutive hours and does not comply with the provisions of the Convention which state that persons younger than 18 years of age shall be prohibited from working for the above period. In that year, the Committee noted a draft law intended to supplement section 175 of the Federal Labour Act (prohibition of night work for young persons under 18 years of age) by adding a paragraph stating that for the purposes of this section night work shall be taken to mean work carried out between 7 p.m. and 7 a.m. Such a provision would comply with the requirements of the Convention.

In later reports, the Government stated that there was no discrepancy between national legislation and this requirement of the Convention.

The Committee notes the Government’s statements in its latest report regarding the absence of any initiatives to amend the Federal Labour Act in this respect. The Committee requests the Government to take the necessary measures to ensure compliance with the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee recalls that it has been commenting on the question of delimiting the night period ever since the ratification of the Convention. It has drawn attention to section 68 of the 1931 Federal Labour Act, the substance of which was the same as section 60 of the 1969 Federal Labour Act.

In the comments it has been making since 1972, the Committee has noted that under section 60 of the 1969 Federal Labour Act, work carried out between 8 p.m. and 6 a.m. shall be deemed to be night work. The term "night" used in this provision accordingly refers to a period of ten consecutive hours. The Committee recalled that, under Article 2, paragraph 1, of the Convention, the term "night" signifies a period of at least 12 consecutive hours. It asked the Government to indicate the measures taken to remove this major discrepancy between the national legislation and the Convention.

The Government has consistently stated that the legislation is not at variance with the Convention on this point. However, until 1990, it indicated in its reports that a Bill was to be considered by the competent authorities, which would define night work for young people under the age of 18 as a period of 12 consecutive hours. The text of the Bill was sent by the Government in 1975. In its report for 1993 the Government indicated that it was not planning to review the Federal Labour Act in the short term. It stated that if section 60 of the Federal Labour Act was not consistent with Article 2 of the Convention, the provision of the Convention would prevail over that of the national law pursuant to article 133 of the Constitution which gives legal precedence to a ratified international treaty over domestic law.

The Committee recalls that Article 2 of the Convention fixes not working time but a period of 12 hours, at "night", during which work by young people of under 18 years of age is prohibited. The 12-hour period comprises intervals, which vary according to age, for the authorized exceptions to the principle that night work by children and young people of under 18 years is prohibited. The Committee again recalls that section 60 of the Federal Labour Act, by specifying that work done between 8 p.m. and 6 a.m. shall be deemed to be night work, lays down a period of ten hours. By thus establishing a period termed "night" as a period of ten hours, section 60 of the Federal Labour Act is inconsistent with Article 2, paragraph 1, of the Convention which requires this period to be 12 hours long.

The Committee again asks the Government to take the necessary measures to bring the Federal Labour Act into conformity with the Convention on this point. In view of the fact that this situation has prevailed over a considerable period of time, the Committee suggests that the Government might wish to make use of the technical assistance of the International Labour Office to resolve the matter.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes with interest the Decree stating that articles 3 and 21(I) of the Political Constitution of the United States of Mexico have been amended (Official Gazette of 5 March 1993).

2. Article 2 of the Convention. In previous comments the Committee has pointed out that section 60 of the Federal Labour Act, which sets an interval of ten consecutive hours during which night work of young persons under 18 years of age is prohibited in industry, is not consistent with the provisions of this Article of the Convention which lays down a period of 12 consecutive hours. The Committee has also pointed out that, in their present wording, the provisions of sections 60 and 175 of the above-mentioned Act allow a rest period of less than 12 consecutive hours between work periods. For example, a young person working from 12 noon until 8.00 p.m. and resuming work on the following day at 6.00 a.m. would have only ten consecutive hours of rest instead of the 12 hours provided for in this Article of the Convention. The Government repeats that the Mexican legislation, specifically section 60 of the Federal Labour Act, is in no way inconsistent with Article 2 of the Convention, but that if it were, the text of the Convention would prevail wherever it is to the advantage of the worker. The Government adds that the foregoing is established in article 133 of the Constitution which gives the Convention precedence over all other laws and incorporates it into domestic legislation.

The Committee notes this information and trusts that the Government will take the necessary measures to bring the Federal Labour Act fully into conformity with the Convention. It asks the Government to report on any progress made in this respect.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 2 of the Convention. The Committee refers to its previous comments in which it pointed out that section 60 of the Federal Labour Act, which defines night work as a period of ten consecutive hours, does not give effect to this Article of the Convention which fixes at 12 consecutive hours the night period during which the work of young persons under 18 years of age in industry is prohibited.

While noting the detailed information supplied by the Government in its report, the Committee points out that under the provisions of sections 60 and 175 of the Federal Labour Act, in their present wording, a rest period of less than 12 consecutive hours between two periods of work is possible. Thus, for example, a young person working from 12 noon to 8 p.m. and resuming work at 6 a.m. the next day would have only ten consecutive hours of rest instead of the 12 hours prescribed in this Article of the Convention.

Since, according to the report, the procedure to revise the Federal Labour Act has begun, the Committee hopes that the necessary amendments will be made in order to bring the Act into conformity with the Convention. It asks the Governmnt to report on any progress achieved in this connection.