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

Paid Educational Leave Convention, 1974 (No. 140) - Mexico (Ratification: 1977)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee has examined the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019. The Committee also notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT) referring in general terms to the application of the Convention, which were forwarded by the Government with its supplementary report received in September 2020.

Articles 2 to 5 of the Convention. Policy to promote the granting of paid educational leave. The Committee notes the detailed information provided in the Government’s 2019 report. The Government refers to modifications introduced on 1 June 2016 by the “Decree reformulating, supplementing and repealing various provisions of the General Education Act”, amending sections 10 and 45 of the Act. According to the Government, both provisions establish that “the institutions of the national education system shall impart education in such a way as to allow the learner to be fully included and to participate in society and in due course to develop a productive activity which also allows the worker to study”. Moreover, in its supplementary information, the Government refers to the implementation of the Sectoral Labour and Social Welfare Programme, 2019–2024, published in the Official Bulletin of the Federation of Mexico on 13 December 2018. The Government indicates that the Programme envisages measures to: strengthen the acquisition of skills by workers through the provision of remote courses as well as of courses attended in person; disseminate and promote the current provisions on skills acquisition and training; and propose strategies to promote skills acquisition by workers. The Government also refers to the adoption of measures with a view to promoting skills acquisition by workers, such as the provision of advisory services in various entities at the federal level with a view to promoting compliance with employers’ legal requirements in relation to the skills improvement, training and productivity of workers, and the implementation of the Workers Distance Learning Programme (PROCADIST), which offers free virtual training. The Committee notes that, from 1 January 2016 to 30 June 2020, through PROCADIST, training was provided to 409,476 users (44 per cent women and 56 per cent men). The Committee also notes the detailed statistical data provided by the Government in its 2019 and 2020 reports with regard to the number of workers who benefitted from training, certification and skills improvement between 2017 and 2019 through the various training programmes. The Government adds that, between 2013 and 2018, a total of 33,254 labour inspections were carried out to verify compliance with the rules on the granting of scholarships, literacy and the promotion of cultural and sporting activities. The Government adds that, as a result of these inspections, 98,315 measures were adopted for the benefit of 3,002,430 workers. However, the Committee notes that the Government has not provided information on the formulation and implementation of a policy to promote the granting of paid educational leave. The Committee therefore requests the Government to provide detailed and updated information on the formulation and implementation, in collaboration with the social partners, of policies to promote the granting of paid educational leave for the purpose of training at any level, as well as for general, social, civic and trade union education, in accordance with Article 2 of the Convention, and to provide the respective texts. The Committee also requests the Government to include documentation, such as reports, studies and statistical data, as a basis for assessing the application of the Convention in practice.