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

Domestic Workers Convention, 2011 (No. 189) - Mexico (Ratification: 2020)

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 domestic workers (SINACTRAHO) transmitted by the Government in its 2022 report; as well as the observations of the National Union of Workers (UNT) transmitted by the Government in 2023. The Committee also takes note of the observations of SINACTRAHO received on 25 August 2022. The Committee requests the Government to send its response regarding the latter.

Articles 6 and 18 of the Convention. Fair terms of employment and decent working conditions. Implementation of the Convention. The Committee welcomes the detailed information, including statistical data, provided by the Government in its first report received in 2022, as well as those transmitted in 2023. The Committee notes with interest the efforts made by the Government prior to the ratification of this Convention and immediately thereafter aimed at addressing some of the existing inequalities in the legislation concerning domestic workers. In this regard, the Committee notes the legislative reforms introduced by the Decree of 2 July 2019, “which amends, adds, and repeals various provisions of the Federal Labor Law and the Social Security Law, regarding domestic workers.” In particular, the Committee observes that modifications were introduced to Chapter XIII of Title Six of the Federal Labor Law (LFT) (sections 331 to 343), which regulates the labour regime of domestic workers. The Committee also notes that, by virtue of the Decree of 16 November 2022, various provisions of the Social Security Law (LSS) were amended and repealed regarding domestic workers, including the obligation of employers to register domestic workers in the mandatory social security regime. The Committee also notes the Government’s indication that the legislative power has implemented mechanisms of social dialogue prior to the reform of laws governing the matter. By way of example, the Government refers to the citizen participation mechanism to concretize the reform of the LFT and the LSS regarding domestic workers. The Government indicates that, within the framework of the “Open Parliament” convened by the Senate of the Republic, from 23 to 25 July 2019, numerous actors participated in the working group on domestic workers, such as SINACTRAHO, the Support and Training Center for Domestic Workers, the “Home Fair Home” Collective, and the civil association “For Dignified Domestic and Service Work.” Finally, the Committee notes the Government’s indication that time is needed for the legal reforms aimed at protecting and strengthening the labour rights of domestic workers to take full effect in society. In this regard, the Government reports that the current efforts of the Ministry of Labour and Social Security (STPS) are focused on disseminating the rights of domestic workers and the obligations of their employers and that various seminars, forums, and meetings have been held in this regard. The Committee observes that, according to information available on the Government’s website based on the National Occupation and Employment Survey (ENOE), in the second quarter of 2024, the labour force of domestic workers was 1.98 million people (96.9 per cent were women and only 3.11 per cent were men), whose average salary was 4,190 Mexican pesos working around 29 hours a week. The federal entities with the highest number of domestic workers during the second quarter of 2024 were the State of Mexico (316,000), Mexico City (169,000), and Veracruz de Ignacio de la Llave (152,000).

The Committee also notes that, in its observations, SINACTRAHO maintains that, although there are legislative provisions regulating the working conditions of domestic workers, these are not applied in practice. In this regard, SINACTRAHO highlights the precarious situation in which domestic workers find themselves in the country, and states that: (i) they work long hours that extend beyond 2 hours of rest; (ii) 98 per cent work in informality; (iii) 99 per cent lack a work contract; (iv) the majority do not enjoy labour benefits, such as Christmas bonus, vacations, vacation and Sunday premium, and overtime pay; (v) they suffer labour and social discrimination; (vi) they do not have access to a pension or medical services in case of pregnancy; (vii) they are unjustly dismissed in case of work accidents or chronic degenerative diseases; and (viii) they are victims of physical and emotional violence, including sexual assaults, which they do not report for fear of reprisals, losing their job, or being accused of being guilty. Finally, SINACTRAHO maintains that it has submitted various legislative reform proposals and studies to the Senate of the Republic with the aim of guaranteeing effective protection of the rights of domestic workers, which were not taken into consideration by any of the legislative bodies. In light of the above and the fact that the Government has not communicated its response to these observations from SINACTRAHO, the Committee requests the Government to send its response in this regard and provide detailed information on the measures adopted or envisaged, in consultation with social partners, to enforce national legislation in practice, so that domestic workers benefit, both in legislation and in practice, from equitable employment conditions and decent work, as required by the Convention. In this regard, the Committee requests the Government to provide information on the proposed solutions to the identified challenges, as well as on the progress made and the tripartite consultations held in this regard. Finally, the Committee requests the Government to provide copies of the most recent studies on the situation of domestic workers.

Article 1(1)(c). Persons performing domestic work on an occasional or sporadic basis. The Committee notes that section 331 of the LFT defines a domestic worker as “… one who, for remuneration, performs care, cleaning, assistance, or any other activity inherent to the home within the framework of an employment relationship that does not provide the employer with direct economic benefit, according to the daily hours or weekly shifts established by law …”. The Committee observes that section 332(I) of the LFT stipulates that those who perform domestic work only occasionally or sporadically are not considered domestic workers and, consequently, are subject to the general or specific provisions of the LFT. The Committee observes that section 239-B(I) of the LSS also excludes workers who perform domestic work only occasionally or sporadically. In this regard, SINACTRAHO highlights the lack of definition of the term “sporadic” (the days or consecutive periods necessary to be considered as such are not specified), which leads to legal uncertainty and leaves it to the discretion of the authority or employer. In this context, the Committee recalls that the definition of domestic worker established in Article 1 of the Convention excludes only sporadic workers when the domestic work they perform is not a professional occupation for them. In this sense, the Committee recalls that the expression “not on an occupational basis” aims to ensure the inclusion in the definition of “domestic worker” of day labourers and workers in similar precarious situations. The objective is to ensure that all workers who perform domestic work on an occupational basis benefit effectively from the protections offered by the Convention (General Survey of 2022, securing decent work for nursing personnel and domestic workers, key actors in the care economy, paragraphs 555 and 565). While noting that the definition of a domestic worker in the legislation is in conformity with Article 1(b) and (c) of the Convention, the Committee requests the Government, in consultation with the most representative employers’ and workers’ organizations, and with the representative organizations of domestic workers and of employers in the sector, where they exist, to regulate the number of hours worked below which paid domestic work is considered to be occasional and sporadic, or to indicate the jurisprudence of the national courts in this regard.

Article 3(2)(a) and (3). Freedom of association and collective bargaining. The Committee notes that the Government indicates that domestic workers, like other workers, have the right to associate in labour matters. In this regard, the Government refers to Article 123(A)(XVI) of the Political Constitution of the United Mexican States (hereinafter the Constitution), which provides that “both workers and employers shall have the right to unite in defence of their respective interests, forming unions, professional associations, etc.” The Government indicates that an example of this is the existence of a union in this sector, namely, SINACTRAHO. The Committee observes, however, that the Government does not provide information on the measures adopted or envisaged to promote and guarantee in practice the enjoyment of freedom of association and the effective recognition of the right to collective bargaining for domestic workers. In this regard, the Committee recalls that the specific characteristics of domestic work, which often include a high degree of dependence on the employer (especially in the case of migrant domestic workers) and the frequent isolation of domestic workers in their workplaces, are all factors that make it particularly difficult for domestic workers to form and join unions. Therefore, the protection of freedom of association and collective bargaining rights is of utmost importance in this sector, and measures must be taken to ensure these rights for domestic workers both in legislation and in practice. In light of the above, the Committee requests the Government to send information on the nature and impact of the measures adopted or envisaged to ensure the promotion and effective protection in practice of freedom of association, as well as the effective recognition of the right to collective bargaining for domestic workers, such as awareness-raising measures about their rights.

Article 3(2)(b). Forced labour. The Committee notes the information provided by the Government on the legal provisions that criminalize and prohibit forced or compulsory labour. The Government refers, among others, to section 10 of the “General Law to Prevent, Punish, and Eradicate Crimes in the Field of Human Trafficking and for the Protection and Assistance of Victims of These Crimes”, which stipulates that “any intentional action or omission by one or more persons to capture, recruit, transport, transfer, retain, deliver, receive, or house one or more persons for the purpose of exploitation shall be punished with 5 to 15 years of imprisonment and a fine of one thousand to twenty thousand days, without prejudice to the sanctions corresponding to each of the crimes committed, provided for and sanctioned in this Law and in the corresponding penal codes.” Sections 21 and 22 define and establish the penalties that will be applied in cases of exploitation and forced labour. The Committee refers in this regard to its 2023 observation on Mexico’s application of the Forced Labour Convention, 1930 (No. 29), in which it noted the observations of the CAT, which stated that: (i) despite existing laws, human trafficking remains a problem in the country; (ii) the Government must maintain control actions in high-risk areas; and (iii) the Government must continue its efforts to inform and raise awareness among the population, the business sector, and government institutions about pending issues related to human trafficking. The Committee also noted the 2023 report of the National Human Rights Commission (CNDH) on human trafficking, which emphasizes that human trafficking remains a complex challenge, as Mexico is both a country of origin, transit, and destination for trafficking victims. Finally, the Committee notes that SINACTRAHO highlights in its observations that the crisis caused by the COVID-19 pandemic worsened the economic and migratory situation, exacerbating the vulnerability of migrant domestic workers to becoming victims of forced labour or human trafficking, particularly due to the increase in false recruiters. The Committee refers to its 2023 observation on the application of Convention No. 29 and requests the Government to continue its efforts to ensure the implementation of the strategic objectives of the National Program to Prevent, Punish, and Eradicate Crimes in the Field of Human Trafficking and for the Protection of Victims and to provide information on the evaluation of the measures taken, specifying the recommendations made, the challenges identified, and the measures planned to overcome them. In this regard, the Committee requests the Government to provide information on: (i) the practical application of the current legal framework related to smuggling and human trafficking, with respect to domestic workers, including migrant domestic workers, and (ii) statistics on the number and nature of reported violations, investigations conducted, judicial proceedings initiated, and convictions imposed.

Articles 3(2)(b) and 4. Effective abolition of child labour. Access to education. The Committee note that the Government indicates that, in accordance with Article 123(A)(III) of the Constitution, the employment of minors under 15 years of age is prohibited. In the sector of paid domestic work, the Government refers to section 331bis of the LFT, which prohibits the employment of persons under 15 years of age and authorizes the employment of young people over 15 years of age in domestic work on the condition that the employer: (i) requests a medical certificate from a public health institution at least twice a year; (ii) sets the maximum duration of work at six hours per day and 36 hours per week; and (iii) does not employ young people over 15 years of age who have not completed compulsory schooling, unless the employer commits to ensuring its completion. The Committee notes that, in its observations, SINACTRAHO maintains that the aforementioned provision is not complied with in practice and highlights that the phenomenon of child labour in the domestic work sector is very common in Latin America, particularly among girls from impoverished areas, who are taken to work with strange families in the domestic sector with the promise of accommodation and food, and to continue their studies. SINACTRAHO points out that these girls do not have the opportunity to continue studying, if they even finish primary education. SINACTRAHO also emphasizes that there are no statistics in this regard, or they are outdated due to the absence of inspection or supervision visits by labour authorities that would allow identifying cases of employment of minors under 15 years of age in the paid domestic work sector, and that the sanctioning regime and the procedure to be followed in such cases are not regulated.

Regarding access to education, SINACTRAHO highlights that there are no measures to ensure that the work performed by domestic workers under 18 years of age does not deprive them of mandatory education. It states, based on the ENOE of the fourth quarter of 2021, that the average level of schooling of domestic workers is 8.2 years. In terms of educational level, 5 per cent received no formal education, 37 per cent have primary education, 41 per cent have secondary education, and 17 per cent have upper secondary or higher education. In this regard, the Committee emphasizes that young domestic workers are often prevented from obtaining an education where their families are living in poverty and may not have any other option than to send their children to work. In this sense, the Committee considers that government intervention is essential to address the root causes of these situations (General Survey of 2022, paragraph 689). In light of the concerns expressed by SINACTRAHO, the Committee requests the Government to send information on: (i) the practical application of section 331bis of the LFT, including the number of young domestic workers between 15 and 18 years of age, the number of inspections carried out in this area and their results; and (ii) the nature and impact of the measures adopted or planned to remove minors under 15 years of age from domestic work and ensure their rehabilitation and social integration, including statistical information, disaggregated by sex, on the number of identified cases of child domestic work. It also requests the Government to provide information on how it effectively ensures that the work performed by domestic workers under 18 years of age and above the minimum age for admission to employment does not deprive them of mandatory education or compromise their chances of continuing their studies or pursuing vocational training.

Article 3(2)(d). Elimination of discrimination in employment and occupation. The Committee notes the information provided by the Government on the general provisions of the national legal framework regarding the right to equality and non-discrimination applicable to all workers, including domestic workers, such as article 1 of the Constitution (right to equality and non-discrimination), section 2 of the LFT (establishes that decent work is that in which there is no discrimination based on various grounds), section 133(I) of the FLT (prohibits employers from refusing to accept workers for various reasons, such as ethnic or national origin, gender, etc.), and section 9 of the Federal Law to Prevent and Eliminate Discrimination (LFPED) (defines and prohibits various acts of discrimination, such as establishing differences in remuneration, benefits, and working conditions for equal work) and sections 1 and 2 of the General Law for Equality between Women and Men (regulate and guarantee equal opportunities and treatment between men and women in the public and private spheres). The Government also refers to the specific provisions for domestic work, in particular section 331Ter of the LFT, which establishes the prohibition of all types of discrimination at all stages of the employment relationship and in the establishment of working conditions, as well as any treatment that undermines the dignity of domestic workers. It also stipulates that the employment contract will be established without distinction of conditions, in the case of migrant domestic workers. Regarding domestic workers, section 331Ter, third paragraph, prohibits requesting pregnancy tests for the hiring of women as domestic workers and establishes that the dismissal of a pregnant domestic worker will be presumed to be discriminatory.

The Committee notes, however, that in its observations, SINACTRAHO highlights that paid domestic work is characterized by deep and persistent inequality, which leads to its undervaluation and exploitation through its racialization and feminization, as well as the dehumanization and non-recognition of the human rights of those who perform it. In this regard, the Committee refers to its 2020 comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed its concern about the multiple forms of discrimination affecting indigenous Mexican women and Central American migrant women, and Afro-Mexican women, who work particularly in the domestic sector, victims of violations of their labour rights that result in acts of labour exploitation (CERD/C/MEX/CO/18-21, 11 September 2019, paragraphs 24 and 32). In light of the above, the Committee requests the Government to provide detailed information on the nature and impact of the measures adopted or envisaged to combat the multiple forms of discrimination against domestic workers, particularly indigenous women, migrant women workers, and those of Afro-Mexican descent.

Article 5. Effective protection against all forms of abuse, harassment, and violence. The Committee notes the information provided by the Government on the general provisions established in the LFT to prevent, combat, and sanction harassment, violence, and bullying in the workplace (such as section 3bis – definition of harassment and sexual harassment – section 132(VI) – obligation of employers to refrain from mistreatment in word or deed – and section 133(XII) and (XIII) – prohibition for employers or their representatives to carry out, permit or tolerate acts of harassment and/or sexual harassment against any person in the workplace). Likewise, section 51(II) of the LFT provides for the termination of the employment relationship without liability for the worker “when the employer, their relatives, or any of their representatives, within the service, commit acts of dishonesty, violence, threats, insults, harassment and/or sexual harassment, mistreatment or other similar acts, against the worker, spouse, parents, children or siblings.” Regarding the specific provisions for domestic workers, section 337(I) of the LFT establishes the employer’s obligation to “show consideration to the domestic worker, refraining from any mistreatment in word or deed” and section 341 of the LFT provides that the dismissal of domestic workers will be considered unjustified, among others, “… those that occur due to explicit gender violence at work and discrimination …”. Lastly, the Government refers to the General Law on Women’s Access to a Life Free of Violence, which regulates in its Chapter II the actions that constitute violence against women workers. The Committee welcomes Mexico’s ratification of the Violence and Harassment Convention, 2019 (No. 190), on 6 July 2022.

While noting the measures adopted by the Government, the Committee observes that SINACTRAHO emphasizes that no measures have been adopted to ensure that domestic workers enjoy effective protection against all forms of abuse, harassment, and violence. SINACTRAHO points out that, according to the “Second Annual Report on Human Trafficking Risks after the Pandemic” by the Citizen Council for Security and Justice of Mexico City, between January 2021 and June 2022, 33 forms of psychological, physical, and sexual violence against domestic workers were identified. To highlight the levels of risk, the Citizen Council created the first “Violentometer” for domestic workers, which monitors the different degrees of aggression committed by employers or people close to domestic workers. The Committee also notes the information provided by SINACTRAHO on testimonies of domestic workers who were victims of abuse, harassment, and violence, without sanctions being imposed on the perpetrators, included in its database, as well as other press releases that were published in various national media between 17 September 2021 and 12 May 2022. In this context, the Committee recalls that the words “effective protection” in Article 5 of the Convention include proactive resources. Therefore, not only should it be ensured that domestic workers are covered by the relevant legislation, but proactive measures should also be adopted to promote and guarantee in practice their right to a workplace free from abuse, harassment, and violence (see General Survey of 2022, paragraphs 693 and 694). In light of the above, the Committee requests the Government to provide detailed information on the nature and impact of the specific measures adopted to ensure that domestic workers enjoy effective protection against all forms of abuse, harassment, and violence. In this regard, the Committee draws the Government’s attention to paragraph 7 of Recommendation No. 201, which offers practical guidance on measures to prevent and address abuse, harassment and violence. The Committee also requests the Government to send statistical information on the number of complaints filed in the domestic work sector for harassment, abuse, or violence before the different competent bodies, and the outcome of such complaints, the sanctions imposed on the perpetrators of such acts, and the reparations granted.

Articles 6 and 9(a) and (b). Domestic workers living in the household where they work. Decent living conditions that respect their privacy. The Committee notes that section 337(II) of the LFT establishes among the obligations of employers in the domestic work sector, the provision of comfortable and hygienic accommodation, healthy and sufficient food, and working conditions that ensure life and health. Section 331Ter, second paragraph of the LFT states that “the food provided to domestic workers must be hygienic and nutritious, and of the same quality and quantity as that intended for the employer.” Likewise, section 334 of the LFT establishes the employer’s obligation to provide food to domestic workers and, in the case of those residing in the household where they work, a room. The Committee observes, however, that the conditions that the accommodation of domestic workers residing in the household where they work must meet to ensure decent living conditions that respect their privacy are not regulated. In this regard, the Committee recalls the guidance provided by paragraph 17 of Recommendation No. 201, which states that “When provided, accommodation and food should include, taking into account national conditions, the following: (a) a separate, private room that is suitably furnished, adequately ventilated and equipped with a lock, the key to which should be provided to the domestic worker; (b) access to suitable sanitary facilities, shared or private; (c) adequate lighting and, as appropriate, heating and air conditioning in keeping with prevailing conditions within the household; and (d) meals of good quality and sufficient quantity, adapted to the extent reasonable to the cultural and religious requirements, if any, of the domestic worker concerned”. Finally, the Committee takes note that SINACTRAHO asserts that there are no measures to ensure in practice compliance with the provisions of Article 9 of the Convention. In this regard, the Committee takes note of the testimonies of domestic workers residing in the household where they work who are forced to stay in the household or accompany household members during their daily and weekly rest periods, provided by SINACTRAHO. The Committee requests the Government to adopt the necessary measures to ensure that the accommodation that the employer must provide to the domestic worker under section 337(II) of the LFT ensures decent living conditions that respect their privacy, including, among others: a separate, private, adequately furnished and ventilated room, equipped with a lock; access to private facilities in good condition; sufficient lighting; and, as necessary, heating and air conditioning depending on the prevailing conditions in the household, as suggested by Paragraph 17(a) to (c), of Recommendation No. 201. While noting the Government’s indications on the provisions of national legislation that give effect to Article 9 of the Convention, the Committee requests the Government to provide information on how it ensures that the legislation is effectively implemented in practice and gives full effect to the Convention, which requires that domestic workers: (i) are free to reach agreement with their employer whether or not to reside in the household; (ii) when residing at their workplace, are not obliged to remain in the household or with household members during daily or weekly rest periods or annual leave; and (iii) have the right to keep in their possession their travel and identity documents.

Article 7. Easily understandable terms and conditions of employment. Written contract. The Committee observes that section 331Ter, first paragraph, of the LFT establishes the obligation to formalize domestic work through a written contract and sets out its minimum content. The Committee notes that this content includes the terms required by Article 7 of the Convention, except for the probation period and repatriation conditions (examined later), where applicable. Regarding the probation period, the Government indicates that the reference to it is among the general requirements provided in section 25(II) of the LFT, which establishes that it must be included in writing if the employment relationship is subject to a probation period. Likewise, section 39-A, first paragraph, of the LFT provides that in indefinite-term employment relationships or those exceeding 180 days, a probation period may be established, which shall not exceed 30 days. The Committee also notes of the Government’s indication that the SINACTRAHO website provides model employment contracts (permanent – those performed permanently in the employer’s household – and day work – those performed with entry and exit times on the same day without residing in the employer’s household). The Committee notes that, according to the Government, in March 2022, the Ministry of Labor and Social Welfare (STPS) made available a website with information on the working conditions of domestic workers, including the model contract, a guide to promoting decent work in domestic work, as well as information on registration with the Mexican Social Security Institute (IMSS) and the professional minimum wage. While noting the measures adopted by the Government, both in legislation and in practice, to ensure that domestic workers are aware of their employment conditions, the Committee observes that SINACTRAHO emphasizes that, according to the National Occupation and Employment Survey (ENOE) of the fourth quarter of 2021, 99 per cent of paid domestic workers lacked a written employment contract. Given SINACTRAHO’s concern regarding the high percentage of domestic workers without a written contract, the Committee requests the Government to provide detailed information on the nature and impact of the measures adopted or planned to ensure the practical application of section 331 Ter LFT, so that all domestic workers have a written contract and are adequately, verifiably, and easily informed about their employment conditions.

Article 8. Migrant domestic workers. The Committee notes that section 337bis of the LFT establishes that migrant domestic workers, in addition to the provisions of the chapter regulating domestic work, will be governed by the provisions of Sections 28 and 28A of the LFT, international treaties to which the Mexican State is a party, and other applicable legal provisions. Regarding the obligation to ensure a job offer or a written employment contract (Article 8(1) of the Convention), the Committee observes that section 28(I) of the LFT establishes that working conditions must be set out in writing and specifies the minimum content. The Government also indicates that foreigners may remain in the national territory as long as they meet the requirements for each of the permit categories established in the Migration Law. In the case of those entering the national territory as visitors with permission to engage in remunerated activities, border worker visitors, temporary residents, and permanent residents, they are authorized to obtain a permit to work in Mexican territory as long as they have a job offer. In this regard, the Government refers to section 3(XX) of the Migration Regulations, which defines a job offer as the “proposal made by a natural or legal person to a foreign person, for the provision of personal subordinate work or the provision of professional services in the national territory through the payment of a salary or remuneration; including the invitation under inter-institutional agreements with foreign entities that provide for seasonal activities, or by invitation from any authority or academic, artistic, sports, or cultural institution.” Regarding repatriation conditions (Article 8(4) of the Convention), sections 28(I)(a) and 28(A)(III) of the LFT establish that for Mexican workers outside the Republic hired in national territory, it must be stated in writing, among other terms and conditions, that repatriation expenses are borne by the contracting employer, as well as the conditions of repatriation. The Government adds that, based on the above, foreign domestic workers providing their services in Mexico must be informed that repatriation expenses are borne by the employer, and in the case of those recruited and selected abroad for a specific job in Mexico of a determined duration through a mechanism agreed upon between Mexico and a foreign government, the conditions for repatriation must be determined in that agreement. Additionally, section 9bis(V) of the Worker Placement Agencies Regulations (RACT) establishes the obligation for worker placement agencies involved in the recruitment and selection of Mexican workers for a specific job abroad of a determined duration to guarantee and, if necessary, cover the repatriation expenses of those workers whose working conditions offered were not met; for this purpose, they must present a bond or deposit to guarantee and, if necessary, cover the corresponding repatriation expenses. The Committee observes, however, that the Government does not indicate in its report whether measures have been taken to cooperate with other Members to ensure the effective application of the provisions of this Convention to migrant domestic workers (Article 8(3) of the Convention).

The Committee also takes note that, in its observations, SINACTRAHO maintains that, although there is legislation promoting the protection of migrant domestic workers, in practice it is “dead letter,” as there are no supervision, inspection, or monitoring mechanisms by the Mexican labour authority. SINACTRAHO highlights that 70 per cent of migrant women arriving in Mexico work as domestic workers, mostly concentrated in southern States like Chiapas due to their proximity to Central America. SINACTRAHO refers to the 2021 report “Recruitment Practices of Migrant Workers in Belize, El Salvador, Guatemala, Honduras, and Mexico” by the International Organization for Migration (IOM), which indicates that in Mexico, of the total women employed in the domestic work sector, 37 per cent are Guatemalan, followed by Salvadoran women (33.8 per cent) and Honduran women (10.6 per cent). The report also notes that, according to IOM surveys of migrants, migrant domestic workers are mainly women aged between 20 and 35 years, 91 per cent were unemployed before starting their journey, and 68 per cent did not obtain any work permit. The Committee also takes note that SINACTRAHO reports in its observations that migrant domestic workers in the country: (i) work long hours for low wages; (ii) are in a particularly vulnerable situation to possible cases of physical, sexual, and verbal abuse by employers and migration officers due to a combination of factors (such as their isolation from social and family networks, their dependence on the employer in many cases due to debts incurred during the journey, and their migration status); (iii) work informally, where there are few or no guarantees of protection of their rights; and (iv) their economic and migratory situation worsened during the COVID-19 pandemic. SINACTRAHO also reports that migrant domestic workers are deceived during the recruitment process (involving various actors) about working conditions, remuneration, housing, and employer. Regarding the repatriation conditions of migrant workers, SINACTRAHO maintains that, although the right to repatriation is regulated in the legislation, in most cases, without a written agreement, the right to repatriation covered by the employer after the expiration or termination of the contract is not guaranteed in practice. Given the serious concerns expressed by SINACTRAHO regarding the situation of migrant domestic workers in the country, the Committee requests the Government to provide detailed and updated information on the nature and impact of the measures adopted or planned to ensure the effective application of the provisions of this Convention to migrant domestic workers. The Committee requests the Government to indicate whether it has adopted measures to cooperate with each other in this regard and to provide information on such measures.

Article 10(1) and (2). Equal treatment between domestic workers and workers in general regarding working hours and weekly rest periods. Regarding domestic workers residing in the household where they perform their activities, the Committee observes that section 333, first paragraph, of the LFT establishes that “… they must enjoy a minimum nightly rest of nine consecutive hours, and a minimum daily rest of three hours between morning and afternoon activities, without the daily daytime working hours exceeding the eight hours established in this Law.” On the other hand, section 336, first paragraph, of the LFT provides that “domestic workers are entitled to one and a half uninterrupted days of weekly rest, preferably on Saturday and Sunday ….” The Government indicates that the Federal Judiciary has issued criteria to clarify the interpretation of these provisions. In this regard, the Committee takes note of the information included in the Government’s report regarding direct amparo 622/2019 published on 21 February 2020, in the Federal Judicial Seminar “… (Tenth Collegiate Labor Court of the First Circuit), in which, regarding domestic workers residing in the household, it is concluded that this type of workers provide their services in a special way for 5 and a half days a week, with a maximum daily working hours of 12 hours for 5 days and 6 hours on the half-day they work (…). Consequently, when they are not granted the minimum rest periods they are entitled to, the time worked exceeding their maximum weekly working hours must be considered as overtime to be paid.” In light of the above, the Committee understands that the indicated judicial interpretation derives a maximum working day for domestic workers of 12 hours, compared to the maximum daily working hours of eight hours established generally for other workers in section 61 of the LFT. The Committee also observes that the Government does not provide information on the normal working hours established for domestic workers who do not reside in the household where they work. Finally, the Committee takes note that SINACTRAHO maintains that there are no measures to ensure that domestic workers enjoy a weekly rest period of at least 24 consecutive hours, as many do not have a work contract and there are no supervision or monitoring mechanisms for compliance with the regulations in the sector by labour authorities. While noting the information provided by the Government on the legal provisions regulating various aspects of working hours in the paid domestic work sector, the Committee requests the Government to indicate how it ensures, both in legislation and in practice, equal conditions in terms of normal working hours, overtime compensation, and daily and weekly rest periods between domestic workers, including those residing in the household where they work, and workers in general. In this regard, the Committee requests the Government to provide information on the measures taken to ensure that: (i) the maximum working day for all domestic workers, including those residing in the household where they work, is not longer than the eight hours generally established for other workers; and (ii) these workers receive compensation for overtime, on equal terms with other workers.

Article 10(3). Periods during which domestic workers do not freely dispose of their time. Section 333, second paragraph, of the LFT provides that periods during which domestic workers do not freely dispose of their time and remain at the disposal of the household to respond to possible work requirements and/or when the hours established by law for each type of working day are exceeded, must be considered as overtime, in accordance with the provisions of sections 58 to 68 of the LFT (which generally regulate working hours). The Committee takes note that, in its observations, SINACTRAHO maintains that the indicated provision is not complied with in practice, as the working hours of domestic workers extend beyond twelve hours without rest and without payment of overtime. The Committee requests the Government to provide information on the measures planned or adopted to ensure the practical application of the provisions of section 333, second paragraph, of the LFT to give effect to this Article of the Convention.

Article 11. Minimum wage. No discrimination based on sex. The Committee takes note that section 335 of the LFT establishes that the National Minimum Wage Commission (CONASAMI) is responsible for setting the professional minimum wages that must be paid to domestic workers. In this regard, the Government indicates that, in accordance with the resolution of the Council of Representatives of CONASAMI published on 2 December 2021, in the Official Gazette of the Federation, the minimum wage for domestic workers was set at 260.34 pesos per day for a daily workday in the geographical area of the Northern Border Free Zone, and 187.92 pesos for the rest of the country. Regarding the measures adopted to ensure that remuneration is established without discrimination based on sex, the Government refers to section 331 Ter, last paragraph, of the LFT, which prohibits all discrimination at all stages of the employment relationship and in the establishment of working conditions. The Committee takes note that SINACTRAHO highlights that, despite the setting of the minimum wage, no measures have been established to ensure its compliance in practice. In this regard, it points out that, according to the ENOE of the fourth quarter of 2021, 58 per cent of paid domestic workers received up to one minimum wage, 38 per cent received one to two minimum wages, and 4 per cent received more than two or up to three minimum wages. It also denounces the existence of wage discrimination based on gender in the domestic work sector, as men have better wages and labour benefits. The Committee requests the Government to provide detailed information on the nature and impact of the measures adopted or planned to ensure at least the payment of the minimum wage and non-discriminatory remuneration conditions for all domestic workers, regardless of sex or other reasons, such as race or migration status.

Article 14. Access to social security. The Committee observes that sections 334bis(d) and 337(IV) of the LFT establish the right of domestic workers to mandatory access to social security and the employer’s obligation to register the worker with the IMSS and pay the corresponding contributions, respectively. Furthermore, following the approval of the Decree amending, adding, and repealing various provisions of the LSS regarding domestic workers on 16 November 2022, the employer’s obligation to register and enrol the domestic worker is established (section 239-C(I) of the LSS). The Government indicates that, in accordance with section 12(IV) of the LSS, domestic workers are recognized as subjects of mandatory insurance, so they are entitled on equal terms with other workers to the five insurances included in the mandatory regime: (i) sickness and maternity; (ii) occupational risk; (iii) disability and life; (iv) retirement, unemployment in old age, and old age; and (v) daycare and social benefits. Regarding social protection related to maternity, the Government refers to section 94 of the LSS, which includes the benefits to which insured workers are entitled during pregnancy, childbirth, and postpartum, such as obstetric care. It also refers to section 132(XXVII) of the LFT, which establishes the obligation of employers to provide pregnant women with the protection established by regulations. The Committee also takes note that the Government indicates that, within the framework of the implementation of the pilot program for the incorporation of domestic workers into the mandatory social security regime, from April 2019 to July 2022, 51,354 domestic workers were registered (a figure 13 times higher than the previous modality in which the insurance of the domestic worker was at the employer’s discretion).

The Committee takes note that, for its part, SINACTRAHO emphasizes that the LSS contains provisions contrary to this Convention, as it does not guarantee domestic workers the same conditions applicable to workers in general for the exercise and enjoyment of their social security rights. In this regard, it points out that for domestic workers to be insured by the IMSS, the monthly salary declared by employers must exceed the value of the minimum integrated base salary for the corresponding geographical area. SINACTRAHO maintains that this requirement is not demanded of other workers, making it discriminatory, as it requires a higher remuneration than they receive. Additionally, this requirement makes access to social security inapplicable for domestic workers in most states, as it does not match the wages they receive. Furthermore, it does not consider the possibility for domestic workers to go to the IMSS themselves. Finally, it states that the LSS does not regulate the sanctions to be imposed in case of non-compliance with the social security rights of domestic workers, nor are procedures for supervision and control of compliance by the authorities foreseen.

The Committee also takes note that SINACTRAHO maintains that the mentioned obligation of employers to register domestic workers with the IMSS and pay the corresponding contributions is “dead letter.” In this regard, it highlights that it is estimated that 96 per cent of domestic workers are in the informal economy and that 99 per cent still do not have access to social security. SINACTRAHO points out a series of structural problems that hinder domestic workers’ access to social security, including: (i) the lack of training of IMSS staff to adequately inform, especially domestic workers, about the pilot affiliation program for these workers and a dissemination strategy that reaches workers and their employers; (ii) the lack of information for domestic workers on how to access social benefits and other labour rights, and (iii) the general lack of knowledge among the population about social security and its implications for the lives of domestic workers. The Committee observes that, according to information available on the Government’s website based on the ENOE, during the second quarter of 2024, while the labour informality rate in the country was 42.6 per cent, the labour informality rate for domestic workers reached 96.8 per cent (representing 100 per cent in the State of Chiapas). In light of the high levels of informality in the paid domestic work sector, the Committee requests the Government to provide detailed information on the nature and impact of the measures adopted or planned to promote the registration of domestic workers in the social security system. Such measures may include information campaigns about their right to social security, as well as inspection campaigns to monitor compliance with the obligation of employers to register and pay the corresponding contributions. Furthermore, in light of SINACTRAHO’s observations, the Committee requests the Government to indicate how it ensures, both in legislation and in practice, that domestic workers enjoy conditions no less favourable than those applicable to workers in general regarding social security protection.

Article 15. Private employment agencies. The Committee takes note of the information included in the Government’s report regarding the legal provisions regulating the operation of for-profit placement agencies. Under section 4 of the RACT, these agencies must obtain prior authorization and register their operation. In this regard, the Committee refers to its 2022 comments on the application of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), in which it noted that section 27 of the RACT establishes a validity period of five years for the authorization and registration of for-profit placement agencies, instead of requiring agencies to renew their license and registration annually, as required by section 10(b) of Convention No. 96. The Committee also noted that, in addition to providing for the five-year validity period, section 27 of the RACT also allows fee-charging agencies to request an extension of this period. On the other hand, the Committee takes note that section 30 regulates the complaint mechanism and establishes that the Secretariat, through the Federal Labor Inspection, will be responsible for monitoring compliance with the legal provisions on worker placement, with the assistance of the labour authorities of the Federal Entities and Mexico City, in accordance with applicable provisions. Section 30bis of the RACT establishes that when, in the exercise of monitoring and inspection powers, the possible commission of a crime is detected, the labour authorities will file a complaint with the competent Public Prosecutor’s Office. Sections 32 and 33 of the RACT regulate the imposition of sanctions on agencies that violate the regulations of the worker placement service. Regarding the prohibition of charging fees (Article 15(e) of the Convention), the Government indicates that section 5 of the RACT prohibits charging any amount to job applicants. Concerning migrant domestic workers hired or placed in national territory by an agency, the Government indicates that, based on the provisions of section 337bis of the LFT, they are covered by the provisions of sections 28 and 28 A of the LFT. The Committee observes, however, that these provisions do not refer to cases of hiring by private placement agencies.

The Committee takes note that, in its observations, SINACTRAHO denounces abusive practices by recruitment and placement agencies, in particular, it maintains that: (i) they charge fees to domestic workers; (ii) they offer to issue invoices for various concepts (such as “personnel selection” or “personnel training” to evade compliance with their obligations); (iii) they do not require employers to provide proof of income or the place of accommodation for those workers residing in the household; and (iv) they do not enter into employment contracts for the duration of the employment relationship nor ensure that salary payments are made to the workers. Additionally, it denounces that no inspections are carried out on recruitment and placement agencies for domestic workers to prevent and correct these abusive practices. Given the serious allegations by SINACTRAHO regarding abusive practices by placement agencies, the Committee requests the Government to send its response in this regard. The Committee also requests the Government to provide information on: (i) the number of complaints filed for alleged abuses and fraudulent practices related to the activities of for-profit placement agencies concerning domestic workers, including migrant domestic workers, the identified violations, and the imposed sanctions; and (ii) the complaint mechanisms and investigation procedures established to prevent abusive practices concerning domestic work performed by migrant workers and, where applicable, the measures taken in this regard and the results obtained. Lastly, the Committee requests the Government to indicate whether it has entered into bilateral, regional, or multilateral agreements to prevent abuses and fraudulent practices in the recruitment, placement, and employment of migrant domestic workers. If so, the Committee requests the Government to provide a copy of such agreements.

Article 16. Effective access to justice. The Government indicates that access to justice is a human right provided for in section 17, second paragraph, of the Constitution. Regarding the labour process, section 123(XX), second paragraph, of the Constitution establishes that before going to labour courts, workers and employers must attend the corresponding conciliation instance, which, at the local level, will be in charge of the Conciliation Centers established in the federal entities. The Government adds that if no conciliation agreement is reached at this prejudicial stage, the competent authority must issue a certificate of having exhausted the mandatory prejudicial conciliation stage, at which point the labour procedure can formally begin before the Judiciary. Additionally, the Government indicates that domestic workers, like all workers, can go to the Office of the Labor Defense Attorney (section 530 of the LFT), which has among its powers to represent or advise workers and their unions, whenever requested, on issues related to the application of labour standards, as well as to file ordinary and extraordinary appeals for the defence of the worker or union. The Committee also takes note of the summaries of judicial resolutions relevant to the interpretation of laws regulating the labour relations of domestic workers, provided by the Government in its report.

The Committee also takes note that SINACTRAHO highlights in its observations that there are no specialized areas for handling labour cases related to the domestic work sector in the Conciliation and Arbitration Boards or in the new Local Conciliation Centers or corresponding local courts. Finally, the Committee takes note of the information provided by SINACTRAHO regarding the practical difficulties faced by domestic workers in effectively accessing justice. In this regard, SINACTRAHO points out that government offices for handling labour cases are usually located in the capitals of each state of the Republic, so domestic workers often have to travel from their place of residence to the courts, which can involve significant time and resource costs. It adds that the processing of a conflict in the courts can be extended for an average of seven years. In this context, the Committee recalls that Article 16 of the Convention establishes that every Member State “shall take measures, in accordance with national laws and practices, to ensure that all domestic workers, either in person or through a representative, have effective access to courts or other dispute resolution mechanisms under conditions not less favourable than those available to workers in general.” The Committee emphasizes that the obligation established in section 16 to ensure effective access to fair and efficient dispute resolution mechanisms may require special measures that take into account the obstacles often faced by domestic workers in seeking redress for violations of their rights. Therefore, the Committee requests the Government to provide information on: (i) the nature and impact of specific measures adopted to ensure the effective practical access of paid domestic workers to justice; and (ii) statistics, disaggregated by sex, on the number of complaints filed by domestic workers before the various competent bodies, the sanctions imposed on those responsible, and the compensation awarded.

Article 17(2) and (3). Measures regarding labour inspection. Conditions for access to the household. The Committee takes note that the Government indicates that labour inspection in the domestic work sector presents significant challenges, as the fact that the work is carried out in private homes creates a dilemma between protecting workers’ rights through inspection and the right to the inviolability of private space. The Government indicates that, in accordance with national legislation, authorities, regardless of their area of responsibility, can only access a private home with a judicial order, which constitutes a challenge for the practice of labour inspections. In this context, the Government indicates that, within the framework of the ILO project “Bridging the Gaps: Social Protection for Women in Mexico,” the STPS is working on the analysis and design of alternative mechanisms to inspection. One of the suggestions made to the STPS by this project is to expand the Voluntary Labor Verification Program (VELAVO), which is an alternative labour inspection mechanism whereby companies voluntarily declare that they comply with labour regulations to ensure decent working conditions. The Government reports that, on 19 and 20 May, a training workshop was conducted by the ILO based on the “Technical Report on International Experiences in Labor Inspection of Paid Domestic Work in Selected Countries and Comprehensive Proposal for the Establishment of a Labor Inspection Model for Paid Domestic Work in Mexico” of 2021, aimed at local labour inspectors in 14 States and public servants of the STPS.

The Committee takes note that SINACTRAHO repeatedly highlights in its observations the lack of inspection and sanction mechanisms in case of violation of the applicable legislation on domestic work, so its application in practice is not guaranteed. In this context, the Committee emphasizes the importance of effective control mechanisms to ensure the practical enforcement of labour legislation and the protection of domestic workers’ rights, without which there is a risk that such legislation will be rendered meaningless. Given the important role of labour inspection in the protection and promotion of domestic workers’ rights, Articles 17(2), of the Convention establishes the obligation to formulate and implement measures related to labour inspection, the application of standards, and sanctions, paying due attention to the special characteristics of domestic work. In accordance with Article 17(3), of the Convention, these measures must, to the extent compatible with national legislation, specify the conditions under which access to the household may be authorized, duly considering respect for privacy. In this regard, the Committee emphasizes that respect for privacy should not include an absolute prohibition on inspection visits. In this context, the Committee considers that the employer’s or occupant’s consent, or prior authorization from a judicial authority, ensures respect for the principle of privacy while balancing this with workplace rights. The Committee considers that it may be useful to implement capacity-building measures for labour and social security inspectors to strengthen their ability to meet legal requirements for home inspections in appropriate circumstances. Additionally, awareness-raising activities could be directed at the judiciary regarding international and national standards on domestic work and the circumstances under which home inspections may be permitted for enforcement purposes while respecting privacy (see General Survey of 2022, paragraphs 904 to 909). Therefore, the Committee requests the Government to provide detailed information on: (i) the nature and impact of the measures taken to fulfil its obligations under this Article of the Convention; and (ii) the number of inspections carried out, the violations detected, and the nature and extent of the sanctions imposed. The Committee also requests the Government to indicate any developments aimed at expanding the mentioned Voluntary Labor Verification Program to monitor the employment conditions of domestic workers.

[The Government is asked to reply in full to the present comments in 2026.]