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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), the Confederation of Workers of Mexico (CTM) and the National Union of Workers (UNT), communicated with the Government’s report. The Committee requests the Government to provide its comments in this regard.

Article 1 the Convention. Wage gap. The Government indicates in its report that, according to various statistical studies: (1) the gender wage gap in hourly wage rates narrowed from 13.1 per cent in 2018 to 12.2 per cent in 2021; (2) minimum wage increases contributed to a 20 per cent reduction in the wage gap between 2019 and 2022 at the municipal level; and (3) the gender wage gap among the lowest earners decreased by 6.6 percentage points between 2018 and 2022. The Government also reports that: (1) Mexican Standard NMX-R-025-SCFI-2015 (NMX-025) will be updated to be issued as a Mexican Standard; and (2) NMX certification criterion No. 7 (“Ensure wage equality and provision of benefits and compensation to staff”) is being revised and improved to make it “critical” and thus require, as a mandatory condition of certification, the wage gap to be calculated using practical and simple methodologies in certified workplaces, and to be published. The Committee notes that: (1) the CTM indicates, in its observations, that it considers the wage gap to have widened, especially in positions of trust and in the public administration; and (2) the CTM and the CAT indicate the need to improve the monitoring of compliance with NMX-025. The Committee requests the Government to report on progress made in the revision of and on the measures taken to monitor compliance withNMX-025. Welcoming the Government’s efforts to provide statistical information, the Committee requests the Government to continue to take measures to reduce the gender wage gap, and to report on developments in this regard.

Article 3. Objective appraisal of jobs. Regarding the inclusion in the NMX of mechanisms for the objective appraisal of jobs, the Committee notes the Government’s reference to elements such as performance appraisal and horizontal and vertical job mobility (criterion No. 8), the advertisement of vacancies with remuneration without distinction based on gender (criterion No. 3) and the measurement of the work climate based on factors such as qualifications, responsibilities and working conditions (criterion No. 5). Regarding wage determination in the public sector, the Government indicates that remuneration is established in salary and wage scales that are issued on the basis of type of staff, for example, operational staff, grades, and command and liaison staff, without distinction based on gender. The Committee notes that “performance appraisal” and “objective job evaluation” are different exercises. The latter is concerned with evaluating the job itself and not how an individual worker performs it, and ensures that remuneration is determined without gender bias, for example, by not undervaluing skills considered to be “female” compared to “male” (see General Survey of 2012 on fundamental Conventions, paragraphs 696 and 700–703, and ILO guide, Equal Pay - An introductory guide, page 30). The Committee also notes the observations of the UNT that there are no regulations on the specific allocation of amounts in the wage scale, or regulations defining the manner in which section 280 bis of the Federal Labour Act is to be applied. The Committee requests the Government to report on the measures taken to ensure that, in applying the criteria of NMX-025 (or of subsequent standards) and in determining wage amounts in wage scales and in other methods for wage determination, remuneration is determined using criteria free from gender bias (for example, by ensuring that traditionally “female” skills, such as care work, are not undervalued). The Committee recalls that the Government may avail itself of ILO technical assistance in this regard.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes with interest the Government’s indication in its report that in March 2021, the Senate of the Republic approved and sent to the Chamber of Deputies a draft decree reforming 13 laws on a number of matters, including wage equality: (1) section 86 of the Federal Labour Act, in order to provide for “equal remuneration for work of equal value”; and (2) section 6 of the General Act on the right of women to a life free of violence, in order to include under economic violence “the receipt of lower wages for equal work or work of equal value”. The Committee trusts that the announced reforms will be implemented in the near future and requests the Government to provide information in that regard.

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

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

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 (CIT) and the Regional Confederation of Mexican Workers (CROM), forwarded with the Government’s report.

Article 1 of the Convention. Pay gap. In its previous comments, the Committee requested the Government to adopt measures to reduce the gender pay gap. The Committee notes the Government’s indication that: (1) a new Government of Mexico Minimum Wage Policy 2018-24 has been adopted and sets out among its principal objectives the reduction of income inequality, including the gender income gap; (2) the increase in the minimum wage is having positive effects in reducing the gender pay gap as more women workers than men are paid the minimum wage; (3) in May 2019, the National Minimum Wage Board (CONASAMI) submitted a proposal to fix a minimum wage for domestic work (according to the information provided by the Government, nine out of ten workers in this sector are women); (4) Mexican Standard NMX-R-025-SCFI-2015 on Labour Equality and Non-Discrimination (NMX) has been adopted, which establishes a certification process for work units that implement labour equality and non-discrimination practices (including in relation to wage equality); (5) between 2016 and 2019, a series of events and workshops were held to explain the requirements of the NMX and to promote the certification of public and private work units; and (6) in the context of the cooperation programme between the European Union and Latin America (EuroSocial+), a series of activities have been undertaken to promote exchanges on good practices for the implementation of the NMX. With regard to the impact of these measures, the Committee notes that the Government: (1) indicates that the National Employment and Occupation Survey (ENOE) published by the National Institute of Statistics and Geography (INEGI) makes it possible to measure the gender pay gap; (2) provides detailed data on fluctuations in the gender income gap (indicating, for example, that between 2005 and 2019, the gap between the real average income of men and women has varied little, and was 5.4 per cent in 2018, and that the gap between the average hourly wage fell by 4.5 percentage points, as in 2005 the average income of women was 6.2 per cent lower than that of men compared with 1.7 per cent below that of men in 2019); and (3) reports in its supplementary information that as a result of the increase in the minimum wage the gender pay gap in the Northern Border Free Zone fell by 24.88 per cent to 22.25 per cent. The Committee also observes that the Government refers to the Family Responsible Business Award and reports that certain objectives are being addressed to end labour inequality between men and women, although women’s unpaid work is one of the principal obstacles to achieving equal conditions on the labour market. The Committee also notes the allegations by the CROM in its observations that the participation of women in the labour market has increased, but that the large pay gap has not disappeared. According to the CROM, women lose out on opportunities because they cannot leave aside family responsibilities and that the strengthening of public policies to increase the prevalence of equal remuneration must be jointly promoted through social dialogue. The Committee also notes the emphasis placed by the CIT on the importance of enforcing the legislation on equal remuneration. It further notes the proposal by the CATEM of changes to the Finance Act to establish a tax incentive for enterprises to obtain certification of good practices in relation to equal remuneration. The Committee requests the Government to continue making every possible effort to measure and reduce the gender pay gap.

Article 3. Objective job evaluations. In its previous comments, the Committee requested the Government to provide information on the adoption of a system for the objective evaluation of jobs to determine remuneration rates in the public and private sectors. With reference to the private sector, the Committee notes the Government’s indication that, following the reform of the Federal Labour Act in 2019, section 280bis provides for the fixing of the minimum occupational wages of men and women rural workers, taking into account the nature, quantity and quality of the work, the physical effort and the wages and benefits received in establishments and enterprises engaged in producing agricultural products. With regard to the private sector and certification under the NMX, the Committee also notes that: (1) there are “critical” criteria for certification (which are essential to obtain it) and “non-critical” criteria (not essential, but relevant for the assessment); (2) the Government’s indication that the criteria include criterion No. 7 respecting the guarantee of equal wages, which is assessed through a verification of the establishment of job evaluation criteria for the determination and increase of wages without discrimination; and (3) the CAT refers to criterion No. 3 respecting personnel recruitment and selection processes, and the Committee observes that this criterion includes evaluation of the existence of a schedule of jobs and a scale of wages indicating minimum and maximum levels for the various levels of recruitment. The Committee requests the Government to: (i) clarify whether, for the purposes of NMX certification, it is ascertained that work units make use of techniques for the evaluation of different jobs with a view to determining their value and that these techniques are based on objective factors of comparison (such as skills, effort, responsibilities and working conditions), particularly within the framework of certification criteria Nos 3 and 7; and (ii) provide information on the application of section 280bis of the Federal Labour Act. The Committee once again requests the Government to provide information on the wage-fixing system in the public sector, and to specify whether it includes a mechanism for the objective measurement and comparison of the relative value of the various jobs, including the measures adopted to ensure that the determination of these wages is free from gender bias.

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

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Objective job evaluation. The Committee notes that the Government’s report does not contain specific information on the adoption of methods for the objective evaluation of jobs. The Committee recalls that the objective job evaluation is important to give effect to the principle of “equal remuneration for work of equal value” and that, as occupational sex segregation continues to be prevalent, it is fundamental to ensure that the scope of comparison is broad so that the principle of equal remuneration can be applied (General Survey on the fundamental Conventions, 2012, paragraph 697). Such evaluation has a measurable impact on the gender pay gap. With a view to making progress towards the full application of the Convention, the Committee requests the Government to indicate whether measures are being adopted with a view to establishing a system for the objective job evaluation in the public sector and to promote its adoption in the private sector.

Application in practice. The Committee notes the detailed information provided concerning the programmes, policies and measures adopted in the context of the programme “Taking steps towards equality at work”, including the Gender Equity Model (MEG), through which certificates are granted to private companies which comply with the established requirements to achieve gender equality and reduce occupational segregation. The Committee requests the Government to continue providing information on such measures, and particularly on their impact in practice on the reduction of the gender pay gap and of occupational sex segregation.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes with regret that the Government did not take the opportunity of the recent reform of the Federal Labour Act to include the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. Indeed, section 86 of the Act continues to provide that there shall be equal pay for equal work performed in the same post, the same working day and conditions of efficiency. However, in its previous observation, the Committee noted the Mexican Standard on Equality at Work for Women and Men, which broadens the concept of equal wages to that of “equal wages for work of comparable value”, and it requested the Government to clarify the scope of the term “comparable value”. The Committee observes that, according to the Government’s explanations, the Standard is a certification that is individual in scope and is granted to entities which apply practices aimed at equality at work, but that it does not explain the meaning of the term “comparable value”. The Committee recalls that the concept of “work of equal value” is the cornerstone of the Convention and that it is applicable to all workers. The Committee requests the Government to take measures to give full legislative expression to the principle of the Convention and to provide information on any developments in this respect.

Gender pay gap. The Committee notes that the information provided by the Government does not enable it to determine the current situation with regard to the remuneration gap between men and women. The Committee notes that according to the study “Poverty and Gender in Mexico” prepared by the National Council for the Evaluation of the Social Development Policy in 2012, there is major occupational segregation and the labour market participation gap between men and women is higher in the poorest sectors, including and particularly for youth. The Committee recalls that in 2009 the pay gap measured in terms of average income was 29.3 per cent. The Committee referred previously to the comments of the National Union of Workers (UNT) on the absence of an adequate system for the compilation of statistics. The Committee notes the Government’s indication concerning the adoption of key labour market indicators for inclusion in the national catalogue of indicators. The Committee recalls that pay differentials continue to be one of the most persistent forms of inequality between women and men, and that the persistence of these disparities requires governments, together with employers’ and workers’ organizations, to take more proactive measures to raise awareness, assess, promote and give effect in practice to the principle of equal remuneration for men and women for work of equal value. The compilation, analysis and dissemination of statistical data are fundamental to detecting and addressing inequalities in remuneration. The Committee requests the Government to ensure that the arrangements that are implemented for the compilation of statistics make it possible to determine in a satisfactory manner the gender pay gap and trends in that gap, and to take specific measures for its reduction. The Committee asks the Government to provide information on any developments in this respect.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Objective job evaluation. The Committee notes that the Government’s report does not contain specific information on the adoption of methods for the objective evaluation of jobs. The Committee recalls that the objective job evaluation is important to give effect to the principle of “equal remuneration for work of equal value” and that, as occupational sex segregation continues to be prevalent, it is fundamental to ensure that the scope of comparison is broad so that the principle of equal remuneration can be applied (General Survey on the fundamental Conventions, 2012, paragraph 697). Such evaluation has a measurable impact on the gender pay gap. With a view to making progress towards the full application of the Convention, the Committee requests the Government to indicate whether measures are being adopted with a view to establishing a system for the objective job evaluation in the public sector and to promote its adoption in the private sector.

Application in practice. The Committee notes the detailed information provided concerning the programmes, policies and measures adopted in the context of the programme “Taking steps towards equality at work”, including the Gender Equity Model (MEG), through which certificates are granted to private companies which comply with the established requirements to achieve gender equality and reduce occupational segregation. The Committee requests the Government to continue providing information on such measures, and particularly on their impact in practice on the reduction of the gender pay gap and of occupational sex segregation.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes with regret that the Government did not take the opportunity of the recent reform of the Federal Labour Act to include the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. Indeed, section 86 of the Act continues to provide that there shall be equal pay for equal work performed in the same post, the same working day and conditions of efficiency. However, in its previous observation, the Committee noted the Mexican Standard on Equality at Work for Women and Men, which broadens the concept of equal wages to that of “equal wages for work of comparable value”, and it requested the Government to clarify the scope of the term “comparable value”. The Committee observes that, according to the Government’s explanations, the Standard is a certification that is individual in scope and is granted to entities which apply practices aimed at equality at work, but that it does not explain the meaning of the term “comparable value”. The Committee recalls that the concept of “work of equal value” is the cornerstone of the Convention and that it is applicable to all workers. The Committee requests the Government to take measures to give full legislative expression to the principle of the Convention and to provide information on any developments in this respect.

Gender pay gap. The Committee notes that the information provided by the Government does not enable it to determine the current situation with regard to the remuneration gap between men and women. The Committee notes that according to the study “Poverty and Gender in Mexico” prepared by the National Council for the Evaluation of the Social Development Policy in 2012, there is major occupational segregation and the labour market participation gap between men and women is higher in the poorest sectors, including and particularly for youth. The Committee recalls that in 2009 the pay gap measured in terms of average income was 29.3 per cent. The Committee referred previously to the comments of the National Union of Workers (UNT) on the absence of an adequate system for the compilation of statistics. The Committee notes the Government’s indication concerning the adoption of key labour market indicators for inclusion in the national catalogue of indicators. The Committee recalls that pay differentials continue to be one of the most persistent forms of inequality between women and men, and that the persistence of these disparities requires governments, together with employers’ and workers’ organizations, to take more proactive measures to raise awareness, assess, promote and give effect in practice to the principle of equal remuneration for men and women for work of equal value. The compilation, analysis and dissemination of statistical data are fundamental to detecting and addressing inequalities in remuneration. The Committee requests the Government to ensure that the arrangements that are implemented for the compilation of statistics make it possible to determine in a satisfactory manner the gender pay gap and trends in that gap, and to take specific measures for its reduction. The Committee asks the Government to provide information on any developments in this respect.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Application in practice. The Committee notes the information provided by the Government on the National Development Plan 2007–12 and the National Programme for Equality between Women and Men 2009–12 (PROIGUALDAD). The Government indicates in particular that 12 gender equality units have been created in various departments of the federal public administration; the Programme for equality of working conditions to combat segregation and sexual harassment was prepared with the participation of the social partners; instruments have been prepared for the certification of the voluntary application of equality at the workplace, for which the Gender Equity Label (MEG) has been established, which has been awarded to over 305 organizations; and itinerant meetings have been held on “equality at work” for local authorities and social partners. The Committee asks the Government to continue providing information on the impact of the National Programme for Equality between Women and Men 2009–12 (PROIGUALDAD) and on any other measures adopted with a view to the application of the Convention.

Objective evaluation of jobs. The Committee observes that the Government has not provided information on the implementation of objective job evaluation methods. The Committee emphasizes the importance of adopting objective job evaluation methods as a basis for comparing different work performed by men and women as a means of addressing occupational segregation by gender and the undervaluation of skills that are traditionally regarded as “feminine”. The Committee asks the Government to adopt the necessary measures with a view to the development of objective job evaluation methods and to provide information on any developments in this respect.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations submitted by the National Union of Workers (UNT) on 30 August 2011, which refer to the lack of regulation prohibiting discrimination against women with respect to remuneration and the need to improve the collection of statistics with a view to better assessing the pay gap. The Committee asks the Government to provide its comments in this respect.

Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that, although no amendments have been made to the Federal Labour Act for the inclusion of the principle of equal remuneration for work of equal value, the Mexican Standard for Equality at Work between Women and Men (NMX-R-O25-SCFI-2009) of 2009 has been adopted which establishes the conditions for any organization with workers in its service to be able to obtain certification and the label proving that its labour practices comply with equality and non-discrimination between women and men. The Standard includes indicators, practices and actions to promote equality of opportunity between women and men, and broadens the concept of equal wages for equal work to “equal wages for work of comparable value”. According to the Government, the objective of this provision is for women engaged in “female” occupations to earn the same as men engaged in “male” occupations where the qualifications, effort, responsibilities and conditions of work are comparable. In this respect, the Committee observes that, although the adoption of Standard No. NMX-R-025-SCFI-2009 promotes compliance with the principle of equality between men and women and constitutes progress in relation to the principle of equal wages for equal work, it is not clear if the concept of “comparable work” is being used in a manner synonymous with “work of equal value”. Furthermore, the Standard referred to is not of general application, but is intended for those organizations that wish to obtain certification that their labour practices are in compliance with equality between men and women, and therefore from this point of view may also be of more restricted application. Recalling that the concept of “work of equal value” is the cornerstone of the Convention and is applicable to all workers, the Committee once again asks the Government to take measures to give full legislative expression to the principle of the Convention. Please also provide information on the measures adopted and on the impact in practice of the Mexican Standard for Equality at Work between Women and Men, and on how “comparable work” is being determined in this context.

Gender wage gap. The Committee notes the statistical data provided by the Government, which show that the wage differences that exist between men and women in the labour market are largely influenced by the unequal distribution of workers between the various branches and occupations, working hours, educational level and the existence of low pay in activities where there is a high proportion of self-employment. The average gender wage gap in terms of average income fell from 32.4 per cent in 2008 to 29.3 per cent in 2009. The Committee asks the Government to continue providing detailed statistical data on the wages of men and women. The Committee also invites the Government to carry out studies on the reasons underlying the wage gap between men and women, and to adopt proactive measures so as to address more effectively the structural causes of the wage gap. The Committee asks the Government to provide information in this respect.

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

Application in practice. The Committee notes the information provided by the Government concerning its gender equality policy and asks it to continue providing information on that policy, describing in particular, the measures taken, in the context of such policies, to promote and ensure the application of the principle of equal remuneration for men and women for work of equal value.

Objective job evaluation. In its previous comments, the Committee encouraged the Government, when developing the equality policies envisaged in the General Act for equality between men and women of 2006, to promote objective job evaluation methods, and asked it to continue providing information on this matter. The Committee notes that although the Government provides information concerning equality policies, it does not supply the specific information requested. The Committee refers to its general observation of 2006 on the Convention and emphasizes that the adoption of objective job evaluation methods, that allow a comparison to be made between the different jobs performed by men and women, is particularly important, due to pervasive occupational sex segregation and the undervaluing of skills that are traditionally regarded as “female”. The Committee again asks the Government to provide information on the measures adopted, in the context of the equality policies envisaged in the General Act for equality between men and women of 2006, to promote objective job evaluation methods.

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

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.

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

1. Objective job evaluation. The Committee notes the information provided by the Government on the work of the National Minimum Wage Board. It also notes the equality policies envisaged in the General Act for equality between men and women of 2006. The Committee notes the importance of ensuring objective job evaluation methods in the public sector and promoting them in the private sector so that full effect can be given to the principle of the Convention. This is particularly important, as was noted in the Committee’s 2006 general observation, due to pervasive occupational sex segregation and the undervaluing of skills that are traditionally “female”. There is thus the need to be able to compare jobs that are completely different, performed by men and women in different places or enterprises, or between different employers. The Committee indicated in paragraph 5 of the general observation that “Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often skills considered to be ‘female’, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally ‘male’ skills, such as heavy lifting.” In this respect, the Committee encourages the Government, when developing the equality policies envisaged in the General Act for equality between men and women 2006, to promote objective job evaluation methods, and asks it to continue providing information on this matter.

2. Application in practice. The Committee notes the various activities carried out by the National Programme for Equality of Opportunity and Non-Discrimination against Women and by the National Institute for Women. The Committee asks the Government to continue providing information on the above activities and to the extent possible, in relation to the principle of equal remuneration for work of equal value.

3. Wage gap. The Committee notes the statistical data provided by the Government, particularly in Annex 2, on the earnings gap between men and women by branch of activity, and notes that the wage gap for 2006 was 31.1 per cent. The Committee asks the Government to provide copies of studies or analyses which may explain the reasons for this earnings gap and the measures envisaged to address it.

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

Equal remuneration for men and women for work of equal value. In its previous comments, the Committee referred to article 123 of the Constitution and section 86 of the Federal Labour Act, which establish the right to equal pay for equal work performed in equal jobs, hours of work and conditions of efficiency, without taking into account either sex or nationality. It further noted that the Federal Labour Act to Prevent and Eliminate Discrimination did not give expression in law to the principle of “equal remuneration for work of equal value”, as set out in the Convention. The Committee once again hoped that, when discussing the reform of the Federal Labour Act, the Government would take into account the Committee’s comments so as to give legislative expression to the principle of the Convention. The Committee notes the Government’s indication that it has taken note of the Committee’s comments, and that the Workers’ Confederation of Mexico, in a communication transmitted through the Government, reiterates its agreement to the introduction of amendments and additions to modernize and update the labour legislation. The Committee refers to its general observation of 2006 and particularly paragraph 6, in which it indicated that, “Noting that several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work, the Committee urges the governments of those countries to take the necessary steps to amend their legislation. Such legislation should not only provide for equal remuneration for equal, the same or similar work, but also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.” The Committee, therefore, asks the Government to make every effort required to bring its legislation into conformity with the principle of work of equal value as laid down in the Convention and to keep the Committee informed on the progress achieved in this respect.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in its report, the comments of the Confederation of Industrial Chambers of the United States of Mexico and the attached statistical data. Noting the activities carried out by the Minimum Wage Commission, the Committee observes that the report does not contain information on the various studies and analyses evaluating wages and remuneration systems to which it referred in paragraph 1 of its previous direct request. The Committee would be grateful if the Government would provide information on the methods existing for the objective evaluation of jobs, and how it is ensured that these are applied in a manner free of gender bias. The Committee recalls that the objective appraisal of jobs implies the adoption of a technique to measure and compare objectively the relative value of the work performed. Because men and women tend to perform different jobs, a technique to measure the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women. In this respect, please see paragraphs 138 to 152 of the General Survey of 1986.

2. With regard to the many activities carried out in the context of the National Programme for Equality of Opportunity and Non-Discrimination against Women (PROEQUIDAD), the Committee would be grateful if the Government would continue to provide information on the activities of the Programme designed to promote and encourage the participation of women in the public and private sectors and to reduce discrimination at work.

3. Noting that the Integrated System for the Administration of Human Resources is still suspended, the Committee hopes that in its next report the Government will be able to provide data on the number of men and women in the various sectors and at the different levels of the public administration, including their levels of remuneration, disaggregated by sex.

4. The Committee recalls the comments made by the International Confederation of Free Trade Unions (ICFTU) referred to its 2002 observation, which indicated that government statistics show that 25 per cent of women who work in the extraction, processing and electricity sectors are in the lowest income categories, compared with only 8 per cent of men working in these sectors. The Committee notes the statistics for 2002-04 on the employed population by branch of economic activity in the above sectors, according to which 118,960 men and 32,166 women worked in the extraction and oil refining sectors in 2004 and earned 197.81 pesos a day; a total of 4,478,176 men and 2,269,857 women worked in the processing industry and earned 181.44 pesos a day and 199,315 men and 40,046 women worked in the electricity sector and earned 379.18 pesos a day. The Committee notes that this statistical information does not permit an analysis of the percentage of men and women in the lower income categories as it does not contain indications on wages disaggregated by sex and income group. The Committee therefore once again asks the Government to provide information which makes it possible to compare the percentages provided by the ICFTU, including information on any action taken to reduce vertical job segregation in the above sectors.

5. Labour inspection. The Committee notes that training has been provided on the gender perspective to the various federal labour delegations and other state labour services. The Committee would be grateful if the Government would provide information, such as training modules, materials and programmes, which give an indication of the training received, especially by labour inspectors, on the content of the Convention, and particularly on the principle of equal remuneration for work of equal value.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Equal remuneration for men and women for work of equal value. For several years, the Committee has been asking the Government to indicate whether it is considering setting out in the legislation the principle laid down in Article 1 of the Convention. In its previous observation, the Committee regretted to note that the Government, reiterating the statements made in previous comments, replied that both article 123 of the Political Constitution of the United States of Mexico and section 86(VII) of the Federal Labour Act establish the right to equal pay for equal work performed in equal jobs, hours of work and conditions of efficiency, without taking into account either sex or nationality. The Committee has repeatedly indicated that the provisions of the Constitution of Mexico and the Federal Labour Act do not give full effect to the principle set out in the Convention. It has reminded the Government that the Convention goes beyond the reference made in the national legislation to "equal remuneration" for "equal work" and has referred as an element of comparison to the concept of work of "equal value". It has also recalled that, for the legislation to be in conformity with the Convention, it has to give expression to the principle of equal remuneration for men and women for work of equal value.

2. The Committee notes that, according to the Government’s report, in the context of the Mexican Government’s "New Labour Culture", a reform of the labour legislation is being prepared to assist in promoting skills, participation and fair remuneration for workers and that draft legislation to reform the Federal Labour Act was submitted as a Bill on 12 December 2002. The Committee also notes that the Government refers to the provisions of the Federal Labour Act of 11 June 2003 which aim to prevent and eliminate discrimination, but observes that this Act does not give expression to the concept of work of equal value either. Section 9(IV) of the Act provides that the establishment of differences in remuneration, benefits and conditions of work for equal work is discriminatory conduct. However, this principle is more restrictive than the principle set out in the Convention. The Committee points out that equal remuneration within the meaning of the Convention has to be provided for work of equal value, even if the work is of a different nature or is carried out under different conditions, or for different employers. Where legislation on equal remuneration exists, it should not be more restrictive than the Convention, or inconsistent with it. The Committee therefore hopes once again that, when preparing the reform of the Federal Labour Act, the Government will take into account the Committee’s comments so as to give legislative expression to the principle established by the Convention of equal remuneration for men and women for work of equal value.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report, including the attached statistics. The Committee also notes the comments made by the International Confederation of Free Trade Unions (ICFTU) on matters related to the application of the Convention, and also the reply of the Government. Finally, the Committee notes the comments made by the Confederation of Business Chambers of Industry (CONCAMIN).

1. The Committee notes the comments of CONCAMIN to the effect that, with regard to Article 3 of the Convention, the labour authorities and the National Minimum Wage Commission, in permanent collaboration with the social partners, carry out various studies and analyses evaluating wages and remuneration systems. The Committee asks the Government to provide detailed information on the results of the above studies and analyses with its next report.

2. The Committee notes with interest the information provided by the Government in its last report indicating that the National Institute for Women formulated the National Programme for Equality of Opportunity and Non-Discrimination, 2001-06 (PROEQUIDAD), which guides the national policy on gender and has to be complied with by all the sectors of the Federal Public Administration (APF). The Committee also notes the Government’s reply in its report indicating that, with a view to raising awareness and improving understanding of the Convention, and to give effect to the principle of equal remuneration for work of equal value, pamphlets on the labour-related rights and duties of women have been distributed and publicity has been broadcast on the right to equality of opportunity and treatment in employment. Furthermore, the Committee notes the information provided in the Government’s report on the activities undertaken with employers’ and workers’ organizations, as well as with the federal labour delegations in the various states, addressing themes related to the situation and problems of women workers. The Committee asks the Government to provide information in future reports on the activities carried out within the context of the PROEQUIDAD programme, as well as those undertaken by the Government, with particular reference to those carried out jointly with employers’ and workers’ organizations, with a view to promoting and improving the participation of women in the public and private sectors and reducing vertical discrimination in employment.

3. The Committee notes that the Government does not provide up-to-date statistical information with its report on the distribution of men and women in the various sectors and at the various levels of the Federal Public Administration, or on their levels of remuneration, disaggregated by sex, as requested in its previous comment. In this respect, the Committee urged the Government in its previous comment to keep it informed of the progress achieved in implementing the Integrated System for the Administration of Human Resources (SIARH), and to provide statistical information in its next report obtained through the application of the System. The Committee notes the Government’s reply that the above System has been suspended. The Committee trusts that the Government will make every effort to ensure that the SIARH produces data in the near future on the number of men and women in the various sectors and at the different levels of the Federal Public Administration, including their ages and levels of remuneration, disaggregated by sex.

4. In its previous comment, the Committee asked the Government to provide information on the distribution of men and women in the different occupations and at the various levels of employment in air transport enterprises and in the fields of education, health care and financial services in which, according to a previous report, 30 collective agreements were concluded which have been analysed by the Government. The Committee notes that the statistics provided by the Government do not provide the information requested. The Committee therefore requests the Government once again to provide the respective information with its next report.

5. The Committee notes that, according to the statistics provided by the Government with its last report, 33 per cent of the persons employed in the public administration in 2000 were women. The Committee considers that there has been a slight reduction in the occupational gap between men and women workers in view of the fact that, according to the statistics provided for 1995, women accounted for 30 per cent of the labour force employed in the public administration and the defence. Nevertheless, as the participation rate of women in the public administration remains low, the Committee trusts that the Government will make every effort to ensure fuller participation by women at all levels so as to enable them to achieve parity in relation to the participation of men. The Committee asks the Government to indicate in its next report whether the statistical information provided on this occasion on the public administration also covers persons employed in defence.

6. The Committee notes the comments made by the ICFTU, according to which the Government’s statistical information shows that 35 per cent of women who work in extractive, processing and electrical industries are in the lowest income groups, compared with only 8 per cent of men working in these sectors. The Committee asks the Government to provide the Office with its comments on this subject.

7. The Committee notes with interest the information provided by the Government in its report indicating that in April 2002 the National Council of the Maquiladora Export Industry and the Secretariat of Labour and Social Insurance, with the President of the Republic as an honorary witness, concluded a cooperation agreement to improve the working conditions of women in the maquiladora (export processing) industry. The Committee also notes the statistics provided by the Government in its report, showing that in 2000 women accounted for 55 per cent of the labour force in the maquiladora industry. The Committee notes that, according to the data on remuneration contained in the statistics, women receive lower wages than men, as they receive approximately 92 per cent of the average earnings of the latter. The Committee urges the Government to take the necessary measures to continue reducing the wage gap between men and women in the maquiladora industry. The Committee also notes the information provided by the ICFTU indicating that the majority of the labour force in the maquiladora industry are women, who are receiving lower wages than those received in the domestic manufacturing sector. The Committee asks the Government to provide up-to-date information with its next report indicating the concentration of men and women in managerial positions and in general jobs in the maquiladora industry, as well as information on the activities carried out in the context of the above cooperation agreement to improve the situation of women in this sector.

8. The Committee notes the information provided by the Government in its report to the effect that, on the occasion of the seminar on women and employment relationships held in 1999, on which it included information in its previous report, the first meeting was held of the Bicameral Committee of the Women’s Parliament, with a view to analysing the relationship between women and work, education and health, and to carry out an assessment of the work of the parliamentary equity and gender committees. The Committee asks the Government to continue providing information in future reports on the activities of the Bicameral Committee related to the application of the principle of equal remuneration for men and women workers for work of equal value.

9. The Committee notes the Government’s statement that, during the period covered by the report, inspections were carried out on the subject covered by the Convention. The Committee asks the Government to provide with its next report extracts from the reports of the inspection services, information on the number and nature of the contraventions reported and any other information related to the application of the Convention in practice. In its previous report, the Committee asked the Government to provide information on any special training provided to federal labour inspectors relating to the supervision and investigation of matters related to equal remuneration. The Committee notes the Government’s reply that it has no information on this subject. The Committee trusts that the Government will obtain the information requested and provide it to the Office with its next report.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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The Committee notes the information provided by the Government in its report, including the attached statistical data. In addition, the Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) on matters related to the application of the Convention, and also the reply sent by the Government to the Office. The Committee also notes the comments of the Confederation of Business Chambers of Industry (CONCAMIN) reiterating its previous comments that the Federal Labour Act establishes the principle of equal remuneration without distinction on the basis of sex or other grounds.

The Committee once again asked the Government in its last comment to indicate whether it is considering setting out in the legislation the principle laid down in Article 2 of the Convention. The Committee regrets to note that the Government, merely reiterating the statement made in previous comments, replies that article 123 of the Political Constitution of the United States of Mexico and section 86(VII) of the Federal Labour Act, establish the right to equal pay for equal work performed in equal jobs, hours of work and conditions of efficiency, without taking into account either gender or nationality. As the Committee has indicated repeatedly to the Government, the provisions of the Constitution of Mexico and the Federal Labour Act do not apply in full the principle set out in the Convention. The Committee reminds the Government that the Convention goes beyond the reference made in the national legislation to "equal remuneration" for "equal work" and also refers as an element of comparison to the concept of work of "equal value". As the Committee noted in its previous comments, the wording of the national legislation is inadequate for the application of the principle of equal remuneration to work which is of equal value but of a different nature. The Committee once again reminds the Government that in order for the legislation to be in conformity with the Convention, it should give expression to the principle of equal remuneration for work of equal value.

The Committee is addressing a request directly to the Government on other points.

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

The Committee notes the information contained in the Government’s report, including the statistical information and sample collective agreement.

1. Referring to its previous comments concerning the disproportionately low number of women employed at the higher paid levels of the Federal Public Administration (APF) in Mexico, the Committee reiterates its request that the Government indicate the measures taken or contemplated to promote a greater participation of women in the public and private sector workforce, as well as the measures taken or contemplated to reduce vertical occupational segregation, with particular attention to the APF. The Government is also asked to provide up-to-date statistical information in its next report on the distribution of men and women in the different sectors and at the different levels of the APF and on their earnings, disaggregated by sex.

2. The Committee notes from statistical information provided in the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that as of June 1999, women made up 49 per cent of the labour force in the maquiladora industry. However, the figures indicate that women are concentrated at the lowest pay scales in that industry, with women occupying 22 per cent of managerial jobs in comparison with 55 per cent of general labourer jobs. Further, women earn less than men at all levels of the maquiladora industry, earning approximately 79 per cent of men’s overall average earnings. The Committee asks the Government to provide information in its next report on the measures taken or contemplated to reduce the male-female earnings gap in the maquiladora industry. Please also provide updated statistical information on the distribution of men and women in the different sectors of the Mexican economy (including the maquiladora industry) and their average daily earnings, disaggregated by sex.

3. The Committee notes the Government’s indication that a National Seminar on Equity in Employment was held on 7 October 1998 at which different sectors of society made proposals with the aim of adapting the labour legislation to changing social conditions and to women’s present-day working conditions. The Committee also notes the Seminar on Women and Labour Legislation held by the Bicameral Committee of the Women’s Parliament on 2 February 1999 to analyse the legislation relevant to women workers. The Committee would appreciate receiving information on any follow-up action taken as a result of these seminars, as well as on other measures taken relevant to application of the Convention.

4. Referring to its previous comments regarding collective agreements for enterprises in which women constituted a significant proportion of the labour force, such as air transport, educational services, medical services, and financial services, the Committee notes the Government’s statement that it does not have information on the numbers of women covered by such agreements. The Committee nevertheless asks the Government to provide information on the distribution of men and women in the different occupations and at the different levels of employment in the relevant enterprises. The Committee also notes the sample collective agreement supplied by the Government which expresses the principle of equal pay for equal work, without regard to sex or nationality.

5. The Committee notes the Government’s indication that, during the reporting period, federal labour inspectors carried out 14,580 inspections of working conditions (including remuneration) of enterprises subject to federal jurisdiction and found no violations of the Convention. In this regard, the Government is asked to supply information on any specialized training provided to the federal labour inspectors in relation to the detection and investigation of equal remuneration matters.

6. The Committee notes the figures contained in the report indicating the number of cases  handled by the Office of the Federal Labour Defender in 1999 and 2000 relevant to the application of the principle of the Convention. The Committee would appreciate receiving information regarding the nature of the equal remuneration claims presented, and their outcomes.

7. The Committee notes the Government’s statement that the Integrated System for the Administration of Human Resources in the Federal Public Administration (SIARH) is being established and operated by the Ministry of  the Treasury and Public Credit (Hacienda) with the aim of improving the registration and management of data on the age, sex, salary and occupational levels of employees in the APF. The Committee asks the Government to keep it informed of the progress made in implementing the SIARH system, and to provide, in its next report, statistical information acquired through use of the SIARH system.

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

The Committee notes the information contained in the Government’s report. It also notes the comments of the Confederation of Business Chambers of Industry (CONCAMIN).

1. The Committee notes the Government’s indication that women’s average hourly earnings are significantly lower than those of men in many sectors, although they approach near parity with men’s wages in the category of "salaried employees" where, according to the 1997 figures provided in the Government’s last report, women earned 98.5 per cent of the average hourly wage earned by men. The Committee further notes from the national employment surveys that, in 1997, 28 per cent received less than one minimum daily salary. The corresponding figures for men were significantly lower, at 13.8 per cent and 18.4 per cent, respectively. The statistics also indicate that three times as many men (2.6 per cent) as women (0.9 per cent) were at the highest wage scale (ten or more minimum daily salaries).

2. In its comments, CONCAMIN states that national legislation, which establishes the right of equal pay for equal work performed under equal conditions of efficiency, is compatible with the Convention. In its view, this legislation satisfies the requirements of the Convention. In respect of the principle of equal remuneration for work of equal value, CONCAMIN indicates that there are no standards in place permitting a determination of the relative value of work.

3. In respect of the above indications and relevant national legislation (article 123 of the Constitution of Mexico and section 86 of the Federal Labour Act), the Committee draws attention to the language of Article 2(1) of the Convention, which calls for "the application to all workers of the principle of equal remuneration for men and women workers for work of equal value". Value refers to the worth of the job for purposes of computing remuneration. This broader basis of comparison is intended to reach discrimination which may arise out of the existence of occupational categories and jobs reserved for women and is aimed at eliminating inequality of remuneration in female-dominated sectors, where jobs traditionally considered as "feminine" may be undervalued due to sex stereotyping (see General Survey on equal remuneration, ILO, 1986, paragraphs 19-23). The Committee recalls its previous comments that the national jurisprudence (copies of which were provided by the Government in its previous report) indicates that the legal requirement of equal remuneration does not extend to similar work. In this context, it notes from the report that the Steering Committee of the National Women’s Commission of the Department of Administration deems it necessary to continue working on the legislation to promote the principle of equal remuneration for men and women workers for work of equal value. The Committee therefore asks the Government to indicate whether consideration is being given to the possibility of giving legislative expression to the principle expressed in Article 2. Moreover, in light of CONCAMIN’s communication, the Committee asks the Government to indicate the manner in which the Government is promoting awareness and understanding of the Convention and seeking cooperation with employers’ and workers’ organizations to give effect to the principle of equal remuneration for work of equal value.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report, including the statistical information, texts of collective agreements and court decisions.

1. The figures provided in the Government's report for 1997 show that the amount of women in the Federal Public Administration (APF) varies sectorially, and that women constitute 23.9 per cent of all APF employees at middle and higher levels (categorized as A to J in the relevant tables). As noted in the Committee's previous comments, the quarterly statistics for April to June 1995 on APF employees also reflected a disparity in the number of men and women workers, with a disproportionately low number of women employed at the higher-paid levels. The 1995 data showed almost three times as many men as women employed at the highest salary level, earning ten or more times the minimum daily salary in Mexico. The Committee notes the Government's statement that the disparity reflected in the 1995 figures is due to the higher participation of men in the labour market. The Government adds that the APF's employment policy does not discriminate on the basis of sex. In light of the low participation of women in the workforce and the existing occupational segregation noted, the Government is asked to indicate the measures taken or contemplated to promote a greater participation of women in the public and private sector workforce, as well as measures taken or contemplated to reduce occupational segregation, particularly in the APF.

2. The figures contained in the Government's report reflect significant salary differentials in certain sectors, showing that, in 1997, women's average hourly earnings, expressed as a percentage of men's earnings, were: 57 per cent in commerce; 75 per cent in financial services; 76 per cent in manufacturing; 78 per cent in restaurant services; and 92 per cent in the agriculture/fishing industries. The Committee notes that, in some sectors, women's average hourly wages were higher than men's. Men earned an average of 90 per cent of women's hourly earnings in the mining/construction sector, 85 per cent in transportation/communication, and 96 per cent in the category of education/health/public administration and defence. The Committee notes with interest that, according to the figures provided in the Government's report, near parity in hourly earnings is shown in the category entitled "salaried employees", where women earned 98.5 per cent of the average hourly wage earned by men. The Government is asked to indicate the types of jobs and occupations included in this category and the proportion of women to men.

3. The Committee notes that the relevant court decisions provided by the Government, interpret article 123(A)(VIII) of the Mexican Constitution and section 86 of the Federal Labour Act, governing private sector workers, as providing for equal remuneration for work performed under equal conditions, including equivalent hours and conditions of quantity, quality and efficiency. The jurisprudence indicates that the legal requirement for equal remuneration does not extend to similar work. The Committee presumes that the same interpretation would be given by the Court to article 123(B)(V) of the Constitution, which extends the principle of equal pay for equal work to public sector employees. The Committee refers the Government to the language of Article 2(1) of the Convention, which calls for "the application to all workers of the principle of equal remuneration for men and women workers for work of equal value". The Convention thus moves beyond a reference to the "same" or "similar" work, choosing instead the "value" of the work as the point of comparison. This basis of comparison is intended to reach discrimination which may arise out of the existence of occupational categories and jobs reserved for women and is aimed at eliminating inequality of remuneration in female-dominated sectors, where jobs traditionally considered as "feminine" may be undervalued due to sex stereotyping (see General Survey on equal remuneration, ILO, 1986, at paragraphs 19 through 23). The Government is therefore asked to indicate the manner in which it contemplates applying the principle of Article 2 of the Convention, including any consideration of giving legislative expression to the principle of the Convention.

4. The Government indicates that, out of a sample pool of 606 collective agreements, it reviewed 30 agreements for enterprises in which women constituted a significant proportion of the labour force, such as air transport, educational services, medical services, and financial services. It states that this review revealed no gender-based salary differentials. The Committee requests the Government to provide information on the percentages of women covered in the collective agreements provided, and to indicate their distribution in the different occupations and levels of employment in the relevant enterprises.

5. The Government states that, during the reporting period, federal labour inspectors conducted 55,859 inspections nationwide of enterprises subject to federal jurisdiction and found no violations of the Convention. In this regard, the Government is asked to indicate the number of inspections and any other activities conducted during the reporting period that focused on equal pay.

6. The Committee notes with interest the information contained in the Government's report regarding the establishment and operation of a new system for registering and maintaining up-to-date data on the age, sex, salary and occupational level of public sector employees, which would permit an evaluation of the practical application of the principle of the Convention. The Government indicates that the Integrated System for the Administration of Human Resources in the Federal Public Administration (SIARH) is being established and operated by the Ministry of the Treasury and Public Credit (Hacienda). Noting the SIARH action plan for 1999 and 2000 contained in the Government's report, calling for implementation of the system first in specified government departments, such as the Ministry of Health and the Ministry of Labour and Social Security, and then in agencies of the APF, the Committee requests the Government to keep it informed of the progress made in implementing the SIARH system, and to provide, in its next report, statistical information acquired through use of the SIARH system.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and the information which replies to almost all its previous comments.

1. The Committee recalls that in a document attached to a previous report, the Government stated that an information and registration system was being established to provide updated information on age, sex, wage, level of work, etc. of workers in the public sector in order to assess how the principle of equal remuneration was applied in practice. The Committee observes that in the quarterly statistics on the public administration for the period April to June 1995 almost three times as many men as women earned over ten times the minimum wage. Bearing in mind that occupational segregation influences equal remuneration of the sexes (see paragraph 256 of the 1986 General Survey on equal remuneration), the Committee requests the Government to comment on this inequality in the number of public employees and the difference in the number of men and women at the highest levels.

2. The Committee also asks the Government once again to send the texts of collective agreements which lay down salaries in the various sectors with indications, where possible, of the percentage of women covered by these collective agreements and the proportion of men and women at the various levels.

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

The Committee notes the Government's report and the information supplied in response to its previous comments.

1. With regard to the notion of work of equal value, the Committee notes the information on the way in which methods of fixing wages are determined for home workers and other specific categories of workers, and in collective agreements. It hopes that the Government will continue its action to promote the application of the principle of equal remuneration by an objective appraisal of jobs on the basis of the work to be performed, in accordance with Article 3 of the Convention.

2. The Committee noted in its previous direct request that the statistics sent by the Government on the number of persons employed in 1990 by branch of economic activity and sex showed a concentration of women workers in the communications and services sectors. Referring to paragraph 22 of its 1986 General Survey on Equal Remuneration, the Committee pointed out (regarding the comparison between work performed by women and work performed by men with a view to ensuring equal remuneration for work or equal value) that, "more generally, and in spite of the difficulties associated with a broad comparison of jobs, the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as 'peculiar to women'".

3. The Committee recalls that the Government stated in the Annex to its previous report that a data collection system was to be established, which would provide updated statistics on wages, age, sex, etc. in the public service. So that it may ascertain how the principle of equal remuneration is applied in practice, the Committee would be grateful if the Government would provide statistics, as soon as possible, concerning:

(i) the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels;

(ii) the texts of collective agreements fixing wages in various sectors of activity, with an indication, if possible, of the percentage of women covered by these agreements and the distribution of men and women employed at different levels;

(iii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report and the information supplied in reply to its previous comments.

1. In its previous comments, the Committee referred to the provisions contained in sections 3, 5(XI), 56, 86, 133 and 164 of the Federal Labour Act and section 4 of the Constitution respecting the application of the principle of equal remuneration for equal work and the principle of equal treatment, under which it would appear that there is no protection ensuring the principle of equal remuneration for work that is of equal value but of a different nature. The Committee notes the Government's statement that neither in Convention No. 100 nor Recommendation No. 190 is it envisaged that the principle of equal remuneration for men and women workers for work of equal value should apply to work of a different nature. The Committee notes that the Government refers to the Committee's 1986 General Survey, and in particular to paragraph 20, in which it noted that the reference to "job content" was eliminated from the definition of work of equal value and transferred to a separate provision, which became Article 3 of the Convention. The Committee wishes to point out that the concept of work of equal value, in accordance with Convention No. 100, applies to different jobs through the objective appraisal of jobs on the basis of the work to be performed, as set out in the above Article of the Convention.

Furthermore, the Committee notes that this concept of work of equal value is the same as the concept referred to by the Federal Board of Conciliation and Arbitration and the Confederation of Chambers of Industry (CONCAMIN) in its comments. The Committee refers in particular to the difficulties in the application of this concept, referred to by the CONCAMIN. It considers that remuneration that varies according to the quality of sporting achievement or artistic output is not incompatible with the concept of work of equal value, which does not imply that there should be a single wage scale nor a restriction on freedom to negotiate terms and conditions of employment as indicated by the CONCAMIN.

The Committee also notes the information supplied by the Government in its report and by the above two bodies on the measures that have been taken to give effect to the principle of equal remuneration set out in the various provisions of the national Constitution and legislation. The Committee hopes that the Government will continue to take measures to promote the application of the principle of equal remuneration for work of equal value through the objective appraisal of jobs on the basis of the work to be performed. The Committee asks the Government to continue to supply information in this respect.

2. The Committee notes the statistics supplied by the Government on the number of persons employed in 1990 by branch of economic activity by sex, in which it notes, in particular, a concentration of women in the communications and services sectors. The Committee refers to paragraph 22 of its 1986 General Survey, in which it states that "more generally, and in spite of the difficulties associated with a broad comparison of jobs, the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as "peculiar to women". The Committee also notes the Government's statement that it is not currently feasible to obtain statistics describing the situation of employed persons in the private sector. The Committee hopes that the Government will be able to take the necessary measures to collect and compile statistics by sex, wage and branch of activity, particularly in relation to occupations in which women workers are concentrated.

3. The Government states that the labour inspection services are responsible for supervising the implementation of all legal measures and not exclusively those relating to equal remuneration, and that there are no studies and statistics available which show the existence of differential wage rates that are contrary to the above principle. The Committee hopes that the Government will be able to supply information on the results of the work of the labour inspection services in relation to the application of the relevant legal provisions.

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

1. The Committee notes the Government's report.

2. The Committee recalls that in its previous comments it noted that the labour legislation guarantees equal remuneration for men and women for equal work, but does not appear to guarantee equal remuneration for work which may be of a different nature but is of equal value, as provided in the Convention. The Government has supplied a detailed reply, which refers to various legal texts, including sections 3, 5(XI), 56, 86, 133 and 164 of the Federal Labour Act and to article 4 of the Constitution. The Government states that taken together these provisions are equivalent to protection of the principle set out in the Convention. The Government also refers to the legal tradition of equal remuneration for men and women. In addition, the Government states that it has not been considered necessary to legislate in favour of equal remuneration for men and women since there is no problem of inequality. For the same reasons, the Government states, there are no statistics on this subject and the Labour Inspectorate has not noted any violation of this principle.

The Committee has made a detailed examination of the legislation referred to by the Government. It notes, as it has in previous comments, that section 86 of the Federal Labour Act provides for equal remuneration for equal work that is of the same duration, performed in the same location and with the same efficiency. The Committee also notes that sections 5(XI) and 56 of the above Act refer to equal remuneration for equal work and that the other provisions that it mentions refer more generally to the principle of equal treatment. It therefore appears that there is no protection in law of the principle of equal remuneration for work that may be of a different nature but is of equal value. The Committee requests the Government to inform it of the measures that have been taken or are envisaged to bring the national legislation into conformity with the Convention and on the progress achieved in this respect.

3. The Committee notes the Government's indications that, in order to determine occupational minimum wages, the National Minimum Wage Board makes an assessment of each of the jobs for which this type of statutory minimum wage exists and takes into the account the skills, strength, responsibility and conditions under which the work is performed. A score is established in points for each job, and is arrived at on the basis of factors that are unrelated to the sex of the worker who performs the job; in the event of two different jobs (of the 86 selected) being given the same score, the minimum wage that is applicable is also the same. The Committee also notes the Decision by the Council of Representatives of the National Minimum Wage Board, sent with the report, which fixes general and occupational minimum wages, that have been in force since 1 January 1989, in which the definitions and descriptions of the activities in the various occupations, jobs and special types of work are set out, together with the minimum wages of workers without distinction on grounds of sex. The Committee recalls that the Convention provides for equal remuneration for men and women workers, not only as regards minimum rates, but for any payment made by the employer to the worker and rising out of the worker's employment, and that equal remuneration is to be guaranteed not only for men and women workers employed in the same category, but also, more generally, to men and women workers who perform work of equal value which, nevertheless, may be of a different nature. In this connection, the Committee wishes to refer to the explanations given in paragraphs 20 to 23 and 44 to 70 of its 1986 General Survey on Equal Remuneration, in which the Committee sets out the concepts of equality. The Committee requests the Government to indicate the activities, jobs and sectors of economic activity in which there is a concentration of women workers.

4. The Committee notes the collective agreements supplied with the report in which equal wages are set out for men and women. The Committee also notes the Government's indication that in the case of the collective agreement concluded in 1988 by Angelus, S.A., and the Association of Manual and Non-manual Workers in the Chemical, Pharmaceutical and Similar and Allied Industries, which was also supplied with its report, the wage table shows that women receive higher wages than men. In this respect, the Committee refers to the explanations given in paragraphs 25 to 27 and 226 to 240 of its 1986 General Survey on Equal Remuneration, in which it indicates the scope of the State's obligation to ensure the application of the principle of equal remuneration for work of equal value and where it recalls the principle of equal remuneration in collective agreements. The Committee also notes the Legislative Contract for the Wool Branch of the Textile Industry, which was supplied with the report, and which will remain in force from 21 January 1989 to 20 January 1991. The wage table in this Contract illustrates that the jobs that are indicated are to be performed by workers in general without distinction on grounds of sex. The Committee requests the Governent to supply information on the difference in the wages received by women and men in the Angelus S.A. enterprise.

5. The Committee also notes the Government's statement that the application of the principle of equal remuneration in the public sector is controlled by the General Directorate of the Civil Service of the Secretariat of Planning and the Federal Budget, which has the responsibility of proposing standards relating to job classifications, wage tables, systems of wage scales, the payment of remuneration, benefits, personal services, personnel administration and development, and the operation of the information and registration systems, in accordance with section 17(II) of the Internal Regulations of the Secretariat of Planning and the Federal Budget. The Committee requests the Government to supply detailed information (regulations, collective labour agreements, statistical data, general wage scales, etc.) on the measures that have been taken or are envisaged to promote or to guarantee the application of the principle of remuneration as set out in the Convention as regards the wages that are actually paid in the public and private sectors.

The Committee also once again requests the Government to supply information on the activities of the labour inspectorate for the purpose of ensuring observance of the principle of equal remuneration, and on cases in which the wages payable to women are below the minimum legal wage, and to attach, in so far as possible, copies of surveys, studies and reports on offences.