Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mexico (Ratification: 1950)

The Committee notes the observations of the Confederation of Workers of Mexico (CTM), the Authentic Workers’ Confederation of the Republic of Mexico (CAT), the Autonomous Confederation of Workers and Employees of Mexico (CATEM) and the International Confederation of Workers (CIT), provided with the Government’s report, on matters examined below.

The Committee also notes the observations of the Union of Workers in Positions of Trust of the Autonomous University of Chiapas (SITRACOUNACH), received on 19 September 2023 and 15 July 2024, and the observations of the National Federation of Workers (UNT), of 13 September 2024, also on matters raised below.

Trade union rights and civil liberties. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) and the UNT of 2018 alleging acts of anti-union violence, including the murder on 18 November 2017 of two miners who were participating in a strike in the state of Guerrero, attacks on over 130 unionized university workers in San Cristóbal de las Casas on 9 February 2017, as well as the death of a trade union activist in January 2018 after receiving threats relating to the promotion of a new union. The Committee notes that the Government requested specific and updated information from the organizations concerned on the cases referred to in order to be able to investigate them in consultation with the parties involved and adopt the necessary measures. It also notes that the CTM, in its observations, encourages the Government to proceed with the necessary investigations and inquiries. The Committee once again requests the Government to take the necessary measures to investigate the allegations, and to punish and eradicate all acts of anti-union violence. It also once again invites the organizations concerned to provide the Government with any additional specific information that they have.

Article 2 of the Convention. Conciliation and arbitration boards. Constitutional reform of the labour justice system. In its previous observation, the Committee noted the information provided by the Government and the concerns expressed by the social partners, and encouraged the Government to continue ensuring that the subsequent stages of the constitutional reform of the labour justice system are submitted to broad and effective tripartite consultations. The Committee notes the Government’s indications that: (i) in October 2022, the third and final stage of the reform started with the commencement of activities by federal and local conciliation centres and labour tribunals, and the closing down of the conciliation and arbitration boards; (ii) the transition was made to a system based on alternative means for the settlement of disputes, the intensive use of new technologies and guarantees of the principles of impartiality, neutrality and independence in the administration and delivery of labour justice; (iii) there are 114 labour conciliation centres in the 32 federative entities, with a conciliation rate of 78 per cent at the national level and an average duration of the conciliation procedure of 23 days; (iv) 160 seats of local labour courts were established in the 32 federative entities, with a settlement rate of 48 per cent at the national level and an average period for settlement of 273 working days; (v) the National Concertation and Productivity Committee (CNCP) was established as an advisory body composed of representatives of employers, labour and academia, with the purpose of improving conciliation procedures, registration, trade union representation and collective bargaining, as well as promoting social dialogue; and (vi) the Secretariat of Labour and Social Insurance (STPS) has participated in negotiation and conciliation round tables with independent and minority unions and has established the General Social Dialogue Department to facilitate negotiation and voluntary dialogue between the parties.

The Committee also notes the following observations from the social partners in this regard: (i) the CATEM indicates that access to the labour justice system has improved significantly as a result of the new independent labour courts, which have resolved over 30,000 cases since their creation, many of them related to the defence of the right to organize and collective bargaining; (ii) the CAT indicates that the public officials responsible for the procedures that have to be followed by trade unions within the context of the reform lack training; and (iii) the CTM indicates that it has proposed the holding of meetings with the Federal Conciliation and Labour Registration Centre (CFCRL) to assess the progress of the labour reform and its implementation with a view to determining what needs to be corrected and strengthened, and the need for improved application. Welcoming the substantial progress reported, the Committee encourages the Government to continue submitting developments in the implementation of the labour reform to effective and continuous tripartite consultations, including through the CNCP and with the participation of the CFCRL, with a view to addressing the remaining concerns and providing the necessary training to ensure full compliance with the Convention in both law and practice. The Committee requests the Government to provide information on any developments in this regard.

The Committee also notes that in 2023 the ILO Office for Mexico and Cuba commenced the implementation of the project on observation and commitment to the realization of the rights of freedom of association and collective bargaining (OBSERVAR), which seeks to provide technical assistance and training to employers’ and workers’ organizations and to the Government on the basis of the comments of the supervisory bodies and the respective Conventions. In this context, the Committee encourages the Government to have full recourse to ILO technical assistance.

Trade union representativity. Trade unions and protection contracts. In its previous observation, the Committee encouraged the Government to take additional measures to ensure that the legal validation processes for collective agreements were fully in accordance with freedom of association and urged the Government, in consultation with the social partners, to address the continuing problems of protection unions and contracts which were affecting the right of workers to establish and join unions of their own choosing. The Committee notes the Government’s indications that: (i) during the four-year period that was granted to unions to validate collective labour agreements, which elapsed on 1 May 2023, a little over 30,500 collective labour agreements were validated, with 663 being rejected, while 108,000 collective labour contracts lapsed as their own signatory unions failed to put them forward for consultation with their members; (ii) as a result of this extraordinary effort, for which the unions were responsible, supported and monitored by the STPS and the CFCRL, protection contracts were invalidated and unrepresentative unions revealed; (iii) all new collective labour agreements, as well as agreements that have been completely revised and agreements setting new wage levels are put to a vote by the workers; (iv) as a result of these consultations, by May 2024, some 3,101 new collective agreements had been registered, as well as 10,720 fully revised agreements and 14,988 agreements setting revised wage levels; (v) the new labour model guarantees the personal, free, secret and direct votes of workers for the election of trade union leaders as well as the documents confirming representativity; and (vi) with a view to ensuring transparency and confidence in trade union democratic processes, the CFCRL is empowered to carry out electoral verification prior, during and following consultations.

In relation to the observations of the trade unions, the Committee notes CATEM’s indication that the reform has provided an incentive for a significant increase in independent unionization, and that the establishment of the CFCRL has been fundamental in ensuring that unions and collective labour agreements are democratic and transparent. At the same time, the CIT indicates that there are still employers and union leaders who are continuing to operate as they did under the former model, and whose illegal and corrupt practices are not always challenged by the Government or the responsible institutions and officials; and the UNT alleges that there remain protection unions close to employers, as well as anomalies in the procedures for confirming representativity in practice. While welcoming the progress achieved by the Government in the legitimation of collective labour agreements, and its commitment to the transparency of trade union democratic procedures, the Committee requests the Government, in consultation with the social partners, to intensify its efforts to combat and eliminate the persisting practices associated with the former model with a view to guaranteeing the right of workers to establish and join the organizations of their own choosing.

Publication of the registration of trade unions. In its previous observation, the Committee took due note of the progress made in the implementation of a single register of trade unions and collective agreements at the national level under the responsibility of the CFCRL, as well as allegations of the persistence of difficulties in practice in accessing information on existing trade unions and collective agreements, and requested the Government to follow up on these allegations. The Committee notes the Government’s indications that: (i) it has no statistical data on complaints or requests relating to difficulties of access to information on trade unions; (ii) the CFCRL has fully complied with the transparency requirements established at the national level, and has not been issued with any observations or recommendations in this regard by the responsible body, the National Institute for Transparency, Access to Information and the Protection of Personal Data; and (iii) as a support to the public, to jurisdictional, governmental and private bodies, and social institutions, two electronic platforms have been created based on data provided by the CFCRL. These platforms are the Directory of Labour Registration Information, through which it is possible to have access to documents related to accreditation procedures, collective labour agreements, internal rules and other procedures, and a webpage of validated collective agreements. The Committee also notes the CTM’s indications in its observations that the CFCRL has not yet digitalized all of the records of the local conciliation and arbitration boards. Welcoming the establishment of the electronic platforms referred to above to facilitate access to trade union information, the Committee requests the Government to take the necessary measures to ensure the full digitalization of the records of the local conciliation and arbitration boards and to provide information on any developments in this respect.

Articles 2 and 3. Public sector workers. In its previous comment, the Committee reiterated its request to the Government to amend sections 72 and 75 of the Federal Act on State Employees (LFTSE), and the legislative declaration establishing the trade union monopoly of the National Federation of Banking Unions (FENASIB), which restrict trade union pluralism in State institutions and the possibility of the re-election of trade union leaders. The Committee regrets to note that the Government has confined itself to indicating that it is continuing to analyse the legislative changes requested and will assess whether it is opportune to implement them as a function of national circumstances and the priorities of the legislative agenda. The Committee once again requests the Government to take the necessary measures for the amendment of sections 72 and 75 of LFTSE, as well as the legislative declaration of the trade union monopoly of the FENASIB, with a view to ensuring that all workers in the public sector, with the sole possible exception of the police and the armed forces, enjoy the guarantees set out in the Convention.

Personnel in positions of trust. In its previous comment, the Committee requested the Government to provide its comments on the allegations made by IndustriALL Global Union (IndustriALL) on the persistence in the centralized public sector of the model of union control through union organizations whose leadership is close to those in political power, and on the unlawful classification of rank-and-file workers as “personnel in positions of trust”, and to specify whether workers in positions of trust covered by the LFTSE have the right to join a union or to establish their own trade unions. The Committee notes that the Government: (i) requests IndustriALL to provide precise information and specific cases of the persistence of the model of union control in order to be able to respond to the allegations; and (ii) indicates that, although section 8 of the LFTSE excludes workers in positions of trust from its scope of application, the provisions of the Federal Labour Act (LFT) are instead applicable and, although section 183 of the Federal Labour Act provides that workers in positions of trust may not join the unions covering other workers, it does not prevent them from organizing to establish their own unions. The Committee also notes that the SITRACOUNACH, in its observations, denounces a series of rulings by the Local Conciliation and Arbitration Board of the state of Chiapas denying trade union registration and recognition of legal status prior to the labour reform. The Committee requests the Government to: indicate the criteria for the determination of whether a worker is in a position of trust; take the necessary measures to ensure that this characteristic of “trust” is not used for the purpose of restricting freedom of association; and provide statistical data on the number of unions of workers in positions of trust that exist in the country in the sectors covered by both the Federal Labour Act and the LFTSE. The Committee also invites IndustriALL to provide the Government with any additional information that is at its disposal in relation to the allegations referred to above. The Committee requests the Government to indicate whether the concerns raised by the SITRACOUNACH regarding trade union protection in the state of Chiapas have been addressed under the labour reform.

Registration of trade unions and accreditation of elected trade union representatives (“toma de nota”). The Committee previously encouraged the Government to effectively monitor and follow up on the allegations of obstacles to the establishment and recognition of independent unions and the procedure for their accreditation (“toma de nota”), as described by IndustriALL and the ITUC. The Committee notes that the Government: (i) reiterates that the functions of the registration of trade unions have been transferred to the CFCRL, which is responsible for the procedure, except in the case of organizations of workers in the service of the State, in respect of whom the competence is vested with the Federal Conciliation and Arbitration Tribunal; and (ii) indicates that, under the new labour model, the principles of autonomy, equity, democracy, legality, transparency, certainty, provision free-of-charge, immediacy and respect for freedom of association and its guarantees have been applied. The Committee also notes the allegations by the UNT in its observations that there are various obstacles in the procedures for obtaining the registration of a trade union in the transport sector, as well as the unjustified refusal to provide accreditation for the leaders of a union in the education sector. Regretting that the Government has not specifically addressed in its report the allegations made by IndustriALL and the ITUC, the Committee once again encourages it, in consultation with the social partners, to effectively monitor and follow up on these allegations, as well as those made by the UNT, and to provide information on any progress achieved in this regard.

Article 3. Right to elect trade union representatives in full freedom. Prohibition on foreign nationals becoming members of trade union executive bodies (section 372 of the Federal Labour Act). The Committee previously requested the Government to amend section 372 of the Federal Labour Act, which prohibits foreign nationals from being members of trade union executive bodies. The Committee notes the Government’s reiterated indication that this provision is not applied in practice, as the Federal Labour Act does not establish any penalty for non-compliance and the authorities do not verify the nationality of trade union leaders, adding that there are trade union statutes which recognize the possibility for foreign nationals to participate in executive bodies. It also notes the indication by the CTM in its observations that this amendment lies within the competence of the legislative authority, which needs to assess whether it is appropriate. Recalling once again the need to ensure the conformity of the legislative provisions with the Convention, even where they are in abeyance or are not applied in practice, the Committee requests the Government to take the necessary measures to amend section 372 of the Federal Labour Act with a view to making explicit the tacit repeal of the restriction on foreign nationals being members of trade union executive bodies.