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

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

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.