Violence and Harassment Convention, 2019 (No. 190) - Mexico (Ratification: 2022)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the Government’s first report.

The Committee notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT) and the Autonomous Confederation of Workers and Employees of Mexico (CATEM), transmitted with the Government’s report. It also notes the observations of the National Union of Social Security Workers (SNTSS) received on 3 September 2024, and the National Union of Workers (UNT) received on 13 September 2024. The Committee requests the Government to communicate its comments in this regard.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Committee notes that the Government’s report refers to various legislative provisions that define or prohibit different forms of violence and harassment at work, such as “harassment”, “sexual harassment”, “violence”, “threats”, “insults” and “ill-treatment” (the Federal Penal Code, the Federal Labour Law (LFT, sections 3bis, 47, 51,133, and 135), the Federal Act on State Employees (LFTSE, section 46), the Code of Ethics of the Federal Public Administration (APF) and the Federal Occupational Safety and Health Regulations (RFSST, section 3) and the NOM-035-STPS-2018 (NOM035, section 7.2) and the General Act on the access of women to a life free from violence (LGAMVLV). The Committee also notes with interest that several legislative provisions – the Federal Act for the prevention and elimination of discrimination (section 9), the General Act on the inclusion of persons with disabilities (section 4) and the Law on the rights of adults (sections 3 and 3bis) prohibit acts such unfair or degrading treatment, violence, rejection, bullying, insults, persecution or exclusion for various grounds of discrimination. The Committee observes that the LFT and the LFTSE contain similar provisions relative to various forms of behaviour that can constitute violence and aggression, although the LFTSE, unlike the LFT, neither refers, defines nor prohibits “harassment” and “sexual harassment”. The Committee requests the Government to provide information on: (i) whether there are legislative provisions applicable to public sector employment that define and prohibit “harassment” and “sexual harassment”; (ii) examples of forms of behaviour that are considered to be “misconduct or dishonest, violent, threatening, insulting and abusive” in conformity with the LFT and LFTSE; (iii) the implementation of the LFPED of other legislative provisions, to address acts of violence and discriminatory harassment on the grounds of sex or gender against men (the LGAMVLV being directed at women).

Articles 2 and 3. Scope. The Government indicates that all persons are protected against violence and harassment in conformity with Article 2 of the Convention and refers to the scope of general application of various laws and to case law interpretation in labour matters, according to which where a provision does not specify the victim, the victim may be any person. The Committee also observes that various provisions refer, in particular, to violence and harassment against certain specific persons, such as the employer, the worker, their families and all persons at the workplace. The Government also indicates that the applicable legislation covers violence and harassment occurring in all the contexts provided for in Article 3 of the Convention and that a bill is currently being formulated to specify within the LFT the places where sexual harassment may occur, reflecting the text of Article 3 of the Convention. The Committee requests the Government to provide information on: (i) all progress in the elaboration and adoption of the bill to amend the Federal Labour Law announced by the Government, and whether it is envisaged that the law should refer to the contexts in which harassment may occur; and (ii) available examples of the application of the different relevant provisions in cases of violence and harassment concerning the persons provided for in Article 2 of the Convention, and which have occurred in the situations listed in Article 3(a) to (f) of the Convention (for example in administrative or judicial decisions).

Article 4. Integrated and gender-responsive approach. The Government refers to the general legal framework for the application of the Convention, which acknowledges the social interest of a working environment free from violence, covers third person victims, and includes a gender perspective. The social partners are consulted in the National Advisory Committee on Occupational Safety and Health Standards, and elsewhere. The Committee also notes that the CATEM: (1) emphasizes the relevance of section 371 (IXbis) of the LFT which stipulates that provisions against violence and harassment are to be included in trade union rules and incorporates the prevention of the phenomenon into trade union culture; and (2) proposes the establishment of a Womens’ Advisory Council to strengthen implementation of the Convention. The SNTSS reports on the organization in 2021 of a tripartite forum “Working together against violence and harassment at work: ratification of ILO Convention No. 190”, and emphasizes that future consultation processes must be more inclusive to increase trade union participation. Both organizations also report on how violence and harassment is addressed in collective agreements in the telephony and social security sectors. The Committee requests the Government to provide information on: (i) any steps taken to continue consultations with employers’ and workers’ representative organizations on the implementation of the Convention, with a view to identifying additional necessary measures; and (ii) whether provisions or measures have been adopted to address violence and harassment committed by third parties and the use of training and awareness-raising tools in accessible formats, as appropriate.

Article 6. Equality and non-discrimination. The Committee notes the information provided by the Government on the provisions and policies concerning equality and non-discrimination, especially the inclusion of violence and harassment in the certification requirements of the NMX-R-025-SCFI-2015. In that regard, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 8(a) and (c). Informal economy workers. The Government refers to: (1) measures for labour inclusion provided in the National Programme for Equality and Non-discrimination (PRONAIND) 2021–2024, the Annual System Planning Programme of the APF, and the Internal Work Regulations of the Interoceanic Corridor of the Isthmus of Tehuantepec; (2) access to assistance in labour integration provided by the “Opening Spaces” (Abriendo Espacios) strategy; and (3) the requirement provided by the Federal Policy Act to treat all persons with respect and abstain from cruel, inhuman or degrading treatment (section 19). The Committee requests the Government to provide information on: (i) any specific measure adopted or envisaged to raise the awareness of the public authorities regarding identification, prevention and treatment of cases of violence and harassment against informal economy workers; and (ii) mechanisms available to informal economy workers in case of violence and harassment.

Article 8(b) and (c). Sectors or occupations and work arrangements more exposed to violence and harassment. The Government reports on: (1) the inclusion of provisions relevant to violence and harassment in the labour regime for women field workers and women domestic workers (sections 283Ter, 331Ter, 327, 341 of the LFT); (2) the Act on Protection of Human Rights Defenders and Journalists; (3) a bill related to the sports sector; and (4) amassing statistics on violence and harassment in various national surveys. The Committee observes that the LFT includes several provisions relevant to violence and harassment in digital platform work (sections 291-K to 291-R). The Committee takes good note of this information and requests the Government to provide information on all progress in the adoption of the bill related to the sports sector, and on any other initiative under consideration in other sectors.

Article 9. Employers’ responsibilities. The Committee notes that the employer is responsible for health and safety and the prevention of work hazards, including violence and harassment (section 475Bis LFT, section 11 and 43 LFTSE, sections 44 and 55 RFSST and section 3 of the Public Federal Sector Regulations for Occupational Safety, Health and the Working Environment).

Article 9(a). Workplace policy. The Government reports that: (1) in the private sector, employers are required to apply a protocol, agreed with the workers, to prevent gender-based discrimination and address cases of violence and harassment including sexual harassment (section 132.XXXI LFT), to which end a model protocol on preventing, addressing and eradicating work-related violence at the workplace was published in 2020; and (2) in the public sector, a code of ethics must be issued and implemented in all public bodies, and must be based on the principle of respect, decent and polite behaviour towards all (sections 15 and 16 LGRA and 2018 guidelines for the issuance of codes of ethics) and, in this connection, the APF code of ethics prohibits harassment and sexual harassment at work. The OSH regime also requires the employer to define policies to promote a favourable organizational environment and to prevent violence at work, with the workers’ participation in prevention activities (section 55.I RFSST; sections 5.1 and 6.1 NOM-035). The Government also refers to the Protocol on preventing, addressing and sanctioning sexual harassment in the APF (2020), which sets out the duty of the various departments and entities to issue a statement including definitions, information on sanctions and complaint mechanisms. The Committee requests the Government to provide information, where available, on the number of protocols related to violence and harassment at work adopted in enterprises and the public administration, by virtue of the requirements in the LFT, the LGRA, the RFSST and the NOM-035-SPTS-2018.

Article 9(b) and (c). Management of occupational safety and health, including with regard to the risks of violence and harassment. The Committee notes the Government’s indication that the promotion of a favourable workplace environment and prevention of workplace violence is incorporated into the relevant provisions of the SST, which also defines prevention policies, the provision of complaint mechanisms, evaluation of the organizational environment, the adoption of preventive measures and the registration of measures adopted (section 55 RFSST). The legislation also requires employers to identify psychosocial risk factors, including exposure to workplace violence (such as the work environment and workload, negative leadership, and negative work relations, psychological harassment, harassment and ill-treatment, inter alia), and to take measures to counter, control and mitigate such factors (at enterprise level through prevention policies, at group level through awareness-raising, dispute management, and promotion of leadership and assertive communication, and at individual level through clinical or therapeutic interventions) (section 43 RFSST, sections 5, 7 and 8 NOM-035, and section 8.1 and appendix 2 of the NOM-037-STPS-2023 concerning telework). The Government indicates that the sanctions for non-compliance with these requirements is between 50 and 5000 times the general minimum wage in force. The Committee observes that the NOM-035 excludes sexual harassment from its scope of application (section 7.2.g.1). The Committee requests the Government to indicate the provisions that require the identification of hazards and assessment of the risks of sexual harassment, and its prevention and control.

Article 9(d). Information and training. The Committee notes that various legal provisions require the employer to diffuse information on work hazards and the measures adopted in that regard and to provide the corresponding training to workers, and to diffuse information on codes of ethics in the public sector (sections 132(XVIII) and 153-C(II) LFT; sections 7, 8, 43(V), 55(V) RFSST; sections 5.7, 6.6, 7.8, 8.2 NOM-035; Fourth and Thirteenth sections of the 2018 guidelines for the issuance of codes of ethics).

Article 10(a) and (h). Monitoring and enforcement. The Government reports that: (1) the Labour Inspectorate monitors compliance with regulations on prevention of work-related hazards though ordinary and extraordinary inspections, which includes issuing orders requiring measures with immediate executory force, and restricting access or limiting operations in hazardous areas (sections 511 and 541 LFT); (2) the Occupational Safety and Health Self-management Programme (PASST) enables workplaces to certify their compliance with the labour legislation; (3) under the APF annual “Organizational culture and climate survey” institutions are required to run programmes to transform the organizational climate and culture and foster relations free from gender-based violence; (4) the CNDH can produce special reports on identified human rights problems when it considers it necessary. The Government also indicates that the development of public policies is informed by available official data on cases of violence and harassment, such as those collected by the National Survey of relational dynamics in the home, and in other studies. The Committee requests the Government, should it have the information at its disposal, to indicate the cases of violence and harassment brought to the attention of the competent authorities, and the offences identified.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms. The Government indicates that the legislation provides for secure and confidential internal mechanisms for receipt of complaints related to violence in the world of work, and for filing complaints before the assistance and monitoring committees or to counsellors in the private sector, and before the ethics committees and internal monitoring bodies in the public sector. It also reports on different administrative, conciliation and judicial complaint procedures, and on various measures taken to prevent victimization or retaliation, adopt protective measures, integrate a gender perspective (guiding principles 2029091 and 2026596) and the provision of assistance at different levels, including translation services for indigenous peoples. The Committee notes that: (1) the UNT states that internal complaint mechanisms are generally bypassed for fear of retaliation, lack of information or the perceived lack of knowledge and sensitivity of the operators of such mechanisms; and (2) the UNT and the SNTSS emphasize the importance of ensuring access to measures of protection in all cases of violence and harassment, as in some cases those measures are currently restricted to cases of discrimination. The Committee requests the Government to ensure access to existing safe complaint and dispute resolution mechanisms and where necessary provide clear and accessible information to employers and workers on the different available action and mechanisms, given the wide range of procedures in place.

Easy access to appropriate and effective remedies. The Government refers to: (1) the General Law on Victims, which establishes the right to comprehensive compensation of victims of human rights violations with measures including restitution, rehabilitation, compensation, satisfaction and safeguards against recurrence (General Law on Victims, sections 1 and 13); and (2) CONAPRED’s capacity to apply measures to restore the affected right, provide compensation, pronounce a public apology and put in place safeguards against recurrence (section 83 LFPED). The Committee also notes that the worker may terminate their employment relationship with compensation (section 51 LFT) and request reinstatement at the workplace before the courts or the conciliation body, with compensation and payment of wages owed (section 48 LFT) The Committee requests the Government to provide information on the means of reparation available in cases of violence and harassment in the public sector.

Article 10(d). Sanctions. The Government provides information on the penal sanctions for certain behaviours that could constitute violence and harassment, including sexual harassment. It thus reports that: (1) the following are grounds for termination of the worker’s employment relationship: misconduct or dishonesty, acts of violence, threats, insults, ill-treatment and immoral acts (section 46 LFTSE and section 47 LFT, the latter also including cases of harassment and/or sexual harassment); (2) an employer who commits acts of discrimination and sexual harassment or who tolerates or permits acts of harassment and sexual harassment is punishable with a fine of 250 to 5000 Measurement and Updating Units (section 994 LFT); (3) performance of duties without regard for the code of ethics is classified as a minor offence in the public sector (sections 49 and 75 LGRA); and (4) according to the corresponding complaint mechanisms, other measures are provided for, including issuance of public reprimands and warnings and measures for behavioural correction to prevent recidivism. The Committee requests the Government to provide information, if available, on examples of sanctions that have been imposed through administrative or judicial decision for cases of violence and harassment in the world of work.

Article 10(f). Domestic violence. The Government indicates that current labour law does not establish a relation between domestic violence and its impact on the world of work. The Committee observes that: (1) administrative and judicial protection orders include the prohibition of the aggressor from approaching the victim’s workplace (sections 34Ter and 34Quater LGAMVLV); and (2) the NOM-037-STPS-2023 stipulates that, for telework, the employer shall have mechanisms of communication and support in place for cases of domestic violence. Such measures include, inter alia, a return to in-person work. The Committee requests the Government to provide information on: (i) the application in practice of the NOM-037-STPS-2023 in respect of cases of domestic violence during telework; and (ii) any other measure adopted or envisaged that recognize the effects of domestic violence and, so far as is reasonably practicable, mitigate its impact in the world of work.

Article 10(g). Right to leave a work situation and duty to inform management. The Committee refers to its comments in respect of the Occupational Safety and Health Convention, 1981 (No. 155), in which it notes that, with the exception of field work and work in mines, the LFT does not provide for the right of workers to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to life, health or safety, and will follow up this matter in the context of that Convention.

Article 11(a). Addressing violence and harassment in relevant national policies. The Committee notes that the Government refers to the inclusion of measures concerning harassment, sexual harassment and violence against women in various policies and programmes (PROIGUALDAD 2020–2024, PIPASEVM 2021–2024, PRONAIND 2021–2024, the Special Programme for Indigenous Peoples and Mexicans of African Descent 2021–2024, and protocols and guidelines in support of migrants). The Committee requests the Government to provide information on the specific measures adopted in the framework of the various policies and programmes to apply the Convention.

Article 11(b) and (c). Guidance, training tools and awareness-raising campaigns. The Committee notes the detailed information provided by the Government on training and on the publication of tools and protocols for employers and workers in the public and private sectors, officials in monitoring bodies or complaint mechanisms and the police, forensic and care service staff. The Committee requests the Government to continue providing information on all measures or additional initiatives, including whether consideration has been given to the possibility of elaborating guidance material which compiles the principal legal standards applicable in cases of violence and harassment in the world of work.