UNITEDNATIONS

(~,\ml~~

Economic and Social~....

~Jll7~

First regular session of 1984

IMPLEMENTATION OF THE INTERNATIONAL

SOCIAL Al~D CULTURAL RI GHTS

Initial reports submitted by States parties to the Covenantconcerning rights covered by articles 6 to 9, in accordancewith the first stageof the programme established by the

Econornic and Social Council in its resolution 1988 (LX)

MEXICO

84-00903 l2l3d (E)

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I. ARTICLE 6. THE RIGHT TO WORK

1. The main legal provisions to promote and safeguard theembodied both in the Political Constitution of the Uni ted MexFederal Labour Act.

2. On the question of individual guarantees, article 5 ofConstitution of Mexico states that no one should beprofession, industrial or camrnercial or ionit is lawful. Aocordingly, it is possible to make anels aoccupation of one's own free will and without any of

3. Article 123 of the Constitution provides that everysuitable work that is sociallyuseful. Likewise, article 3 ofAct embodies the general principle that work is a social rightlays down the peremptory obligation that any person offeringso in conditions of freedom and dignity, in the broadestsensea view to' safeguarding the lives and health not only of workers,families, and enabling them to enjoy decent econornlc standards.prohibited to discriminate between workers ongrounds of race,.sexor political belief or social status.

4. Article 40f the Act' lays down the obligation to respec:t theperson to engage inany occupation, industry er business of hisprovision 18 supplernented by article 133 of the Act, whichrefusing tohire' workers on grounds of ageer sex.

5. To surn UP, national legislation protects workersand rechooseand engage freely in anoccupation; it permits no restr~_~~_u,_

and guarantees equal conditions without distinction as to race,or political belief or social status.

6. In the interest of social development, the aim of thenation'to ensure thatworkers enjoy a steady rate of progress, not inbut also in social and cultural terms. Accordingly, the Nationalseeks to reorient economic policy onthe basis of two strategies,involving a restructuring of the econorny with a viewto reduccurrency exchange instability, protecting jobs, productiveconsumption, and restoring growth potential.

7. The second strategy involves structural change with thedistributive aspects of growth. This means reorienting and moderniproouctive and distributive system, decentralizing prexiuctivewelfare programmes, adapting financing procedures to developmentpreserving, mobilizing and harnessing the nation's developmentstrengthening State management and promoting the social and

8. On the social and cultural side, the National Developrnentfull development of the individual andof Mexican societygreater access to education, culture, sports and recreation

opportunity, and by improving the of educational, cultrecreational services. Among the resources which the State wi

sting teaching and technical training s, as weIlspecially designed for society's cultural ac

9. With respect to training andaforementioned Plan are: to redress thelabaur and the demand by making training more

levels of ,produetivity thus generated arefactars of production and among regions, thus ngwages more into line; to diminish any adverse interaction betweenemploymentj to direct changes in proouctivi ty on a selective basidifferences in produetivity (and, accordingly, differences inbetween activity sectors, types of enterprises and regions of the

10. Given the function of wages in rnaking full developrnentlegislation provides, in article 90 of the Federal Labour Act, thatsufficient to enable a head of household to satisfy normal matericultural needs.

11. In this connection, the rneasuresadopted to allow these householdneeds to be met and to promote t;.he economic, social and culturalindividual include the establishment of various institutions, somesector •

12. Article 19 of the by-laws of theMinistry of Labour and Socialpublished in the Diario Oficial of the Federation on 4 March 1983is the responsibility of the Departrnent ofCulture and Recreationto promote throughout the nation,culturalandrecre~tionalprograrmnesand their' families, with the assistance and participation of trworkers, ernployers, authorities and institutions involved in such

13. The Promotion and Guarantee Fund for Workers as Consumers, establiPresidential Decree of 2 May 1974 ,has' thefollowing main, objectiveloans by institütions to workers; to promote savings among workersand prices withln the reach of workers so asta increase theirestablish and promote guidance and protection services for consumers

14. The duties of the Training and Productivity Depa'rtment, atLabour and Social Welfare, are, interalia: ta regulate, promote,give advice on the training of wockers; to carry out productprogrammes in relation to the nation's and socialto propose national, regional and sectoral strategies to increaseachieve a fair distribution of the result benefits.

15. The Joint National Committee to Protect Wages was establishedthe President of the Republic. Its main ectives are to defend

gains, combat speculation and rnonopolization, establishinstitutions, organize co-operation between workers and authoritiesobservance of wage-protection regulations, gather necessary econornic

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an effert to achieve the stated oOJec's living standards.

and promote

16. As a supplernentary provision, the Federa1 Labour Actemployers to contribute to the promotion of andtheir workers. This obliaation is laid down in article 13

17. On 29 December 1982, article 40 of the Law ofAdministration was revi • The article now defines theMinistry of Labour and Social Welfare, which include monitoringimp1ementation of the provisions contained in article 123 ofthe Federal Laoour Act and in its own by-laws, setting up andemployment service, overseeing its activities and collectinglal:x>ur Inatters, in accordance with the procedures establishedBUdget Di vision.

18. Artic1e 9 ofthe by-laws of the Ministry of Labour and Sec1ay down the responsibilities of its respective administrativefunctions of the Co-ordination unitfor Labour Policy, Research

are, inter alia, to organize, integrate and develop thecomponent wi thin the general context of wages,prices and bestrategies to irnprove living standards among the population,workers; and to co-ordinate the analysisof econornic and socialinfluencing national and reg ional lal:x>ur deve1opments, with athe design and follow-up of labour policies.

19. The Government ofMexico has taken action to ensure the beorganization of the job market. In this connection, 1978 sawtheAdvisory Comrnission on Ernployment, whose functions are,to the federal executive branch policies, priorities andensure harmony and complementarity between all public sector acta bearing on employment; to propose measures to promote econornicgenerate employment;to propose relevant procedures and rneasuressubsidiary organs of the executive branch, in areas within theirmonitor the compatibi between their policies and any ofprogrammes whidh have a role in creating jobs, as weIl as theunits co-ordinatedby thern; to propose policies, strategies andpromote the organization, preservation and operation ofof production; to carry out such other tasks as are necessaryi ts mandate. .

20. with respect to the forrnulation of employment plans, articby-laws of the Ministry of Labour and Sa:ial Welfare gives thefor Labour Policy, Research and Statistics responsibility for

ng employrnent statistics. The document attached heretodeals with employed persons insured the Mexican Socia1 Secprepared in this pra:ess.

21. Article 537 of the Federal Labour .Act states that theErnployrnen't and Training Service are as foliows:

{al To study and promote the generation of

(b) Tb promote and supervise the placement of workers

Ta organize, promote and supervise training

Ta reg ister workers' certif icates ic

It should be noted that the Nationalthe Employment and Training Co-ordination Unitthe Federal Labour Act, has, am:>ng other s, the task of

carrylng out stuClies to determine the causes of unemployrnentof rural and urban manpower; carrying out studies and drawing upto promote ernployment in Mexico; suggesting guidelines for concentrattraining in areas with the greatest manpower needs; and suggestingof employment agreements between the Federation andthe federalconnection with the placenent of workers, UCECAis responsible forjob-seekers to persons requiring their services and also forconclusion of placement agreements between the Federation and the

23. In discharg ing i ts duties, UCECA is assisted by an Advisoryaccordance with article 539A, consists of representatives of theand SocialWelfare, the Ministry of Public Edueation, the MiniMinistry of IndustrialDevelopment, the Mexican Secia1 Security Instworkers land .emp1oyers I organi zations. Under artic1e 539C oftheAct, the state labour authorities aresupposed to help UCECA tofunctions more effectively.

24. As regards technical and vocational guidance and trainingNational Development Plan 1983-1988, with a view to prornotingtheof the individual and ofMexican scx:iety, seeks to enhance the cultindividual by raising academic standards, reorganizing teacher trainiand upgrading practising teachers, and providing refresher trainiedueation ~llabuses and curricula are also being revised.

secondary and h levels will be improved, with dueautonomy. j

25. Encouragement is being given to technical edueationtechnical training fram the earliest levels of elernentary educatpublic training service reaches out to rural workers, seamen,craftsmen and population groups which have no other access to

• With a view to providing better opportunities for technicaltraining, paragraphs VIII and XXVII of art 38 of thePublic AdIninistration state that it is the biEdueation to promote the ·establishment of any scientificinstitutes or other centres needed for the developrnent of edueatis also supposed to promote job training progranunes, in co-ordiA ... _.""" ...._ ... A

Government agencies, including the 11inistry of Labour and Social

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27. Part XI, chapter IV, of the Federal Labour Act lays downEmployment and Training Co-ordinationUnit, which is

out studies and drawing up plans and projects toMexico.

28. With a view to ensuring the preparation of technical andprogrammes, article 153F of the Federal Lalx>ur Act providestraining are to refresh and irrprove a worker' s knowledge andhirn to fill a newly-created post, to prevent empl~ment urie

and, in general, to irnprove a worker's skills.

29. Article 153A provides that the worker has the right to be 9enable hirn to inprove his standard of 1ivi~, in accordance wi thprogranunes drawn up by corranon agreenent between the ernplO}'er andthe workers and approved by the Ministry of Labour and Social

30. Article 1531 of the Federal Labour Act pravides for thetraining cammittees in each establishment to supervise theoperation of the training scherne and the procedures,relatingworkers, to suggest measures for their irnprovement and toaccordance wi th the workers I needs and these of the establishment

31. The Ernployrnent Department af the Ministry of Labour and Secco-ordinates work in all areas where the Employment and Trainingi8 active.

32. Withrespect to protection fram arbitrary dismissal, it shouldarticle 14 of the Political Constitution of the United Mexicanan individual guarantee, that no person should be deprived ofhearing in a court established specifically ta settle the di

33. Article 123.A.XXII of the Constitution provides that, indismissal, the employer 1s required to give the warker thethe contract honoured or, failing that, receiving three months' wagc onpe nsat ion.

34. The underlying assurnption is that the burden of proof restsemplCo/er. Moreover, article 48 of the Federal Labour Actemployer fails to show cause for dismissal at the relevant hearito pay retroactive wages fram the day of dismissal, as if thebeen working.

35. With a view to preventing arbitrary dismissal, artic 47contains a limitative enumeration, in 15 paragraphs, of factors

that would give causefor dismissal without rnaking theSimi , article 51 .cf the Act enumerates cases in which thecontract because of factors attributable to the employer.

36. In any event, the worker may institute the relevantcanpetent authority and, following a hearing, have theor provide conpensation.

37. Thelegal process, the fact that the burden of proof reand the constitutional reguirement of compensationcreate a sealany attenpt at arbi di smi ssal. Thus the worker i s notis ina position to take action to protect his job and himself.

38. with regard 'ta pratection fram unempl~ment, it should belegislation and the country's situation do not permit socialthe unemployed. Nevertheless, what was said above is relevantfram dismissal affords the est ble secreduee unemplovment and thus ng instabilitv in the

39. The National Developrnent Plan 1983-1988 seeksview to theeffective attainment and protection of the rightwockers in the country's produetive process so that theliving conditions.

I1. ARTICLE 7. THE RIGHT TO JUST AND FAVOURABLECCNDITIONS OF WORK

A. Renluneraticn

40 .. The mai n legal provi sians to protect the r ight to j ustconditions of work are embodied both in the PoliticalMexican States and in the Federal Labour Act.

41. Labaur legislation amply protects fair remuneration, i.e., wagwork done. Together wi th other elements, such wages constitute theconditions governing all labour relations.

42~ One way to protect the rightto fair remuneration is no doubtwages to be paid to workers for their labour. This method isby regional minimum-wage boards, which have a tripartite membershiprepresentatives, empl~ers' representatives and governmentregional boards submit their proposals for approval to thealso has a trip~rtite rnembership. These provisions are laidchapter VI, of ·the Federal Laoour Act.

43. The process of fixing the minimum wage necessitates researchdetermine inter alia:

f3eneral economic cOnditions in the Mexican Republici

The classification of activities in each economic zone

Household cast of living;

(d) The expenditure absolutely necessary to satisfy eachmaterial, social andcultural needsi

(e) Economic cOnditions of consumer markets.

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44. It is worth noting that, under article 91 of theFederal Labour_beacross-the-board minimum wages for ane or more economic zonesone or more federal states, er occupationa1 minimum wages for aor business or for particular occupations, trades or , withieconomic zones.

45. Thus, when there are across-the-board minimum wages,affects all workers in the zone or zones in question,sector or nature of business, and without regard for ularor jobs. The amount of the wage may be f ixed by the regional boardsNational Board. All these provisions are embodied in articles 9Labour Ac •

46. Another method used to ensure just wages for workers is that oflabour agreements, which are covered by national legislation and areworkers I due in the labour-capital equation. This other Ioethod is dealtpart VII of the Federal Labour Pet, chapters 111 and IVof which are e"Collective labour agreements" and "Statutory agreements" respec

47. According to article 386 of the Federal Labour Act, a colJ.ectiveagreement is an agreement concluded between one er more trade unionsmore emp1o:ters or one or more ernployers I ass~iations for the purI:X>se ofstipulating conditions of work in one or more establishments. These condhave to state how rnuch is to be paid in wages to the wacker for his labourwhich the collec tive agreement would be null and void, purusant to artthe aforementioned Act.

48. Onthe question of wages, article 399 'bis of the Act providesagreements are subject to annual revision in connection with dailyThis provision ensures that workers covered by the agreement arereceive remuneration that is cornmensurate with the work performed.

49. Astatutory agreement (contrato-le:t) is an agreement concludedmore trade unions and two or more employers or one or more employers'for the of st cOnditions ofwork in a if ic iOOagreementhas be declared binding in one or more federal states, ineconomic zones, covering one or more federal.states, or throughout the

Once a statutory agree~nt is approved, it is publishedDiario Oficial of the Federation or in the official gazett~ of thefederal state or states (Federal Lalx>ur Act, article 404 and secondarticle 4

50. According to article 419 bis of the Federal Latx>ur .Act,daiworkers covered by a statutory agreement are subject to annual revi

may be brought into line wi th the needs of errployees.

51. Uncier articles 84 and 87 of the Federal Labaur Act, the componeinclude - in addition to regular wages - gratuities,

accorrunodation, t:onuses, commissions, allowaoces in kind, year ....endother payment ·cr benef it offered to a werker for hi s labour.

/'

52. with regard tothe statistics requested, annex I1 to thitrends in minimum-wage levels for theperiod to 1983.indicates average earnings as recorded in 12 major districtsRepublic and refers to a few categories of industrial ac

53. Wi th a view to ensuring respect for the r tovalue, article 86 of the Labaur Act provides that equal wagesequal work perforrned in equivalent jobswith the same workingconditions of eff iciencYl8l Article 1640f the Ac t states thatr ights and obligations as men. Thus, working conditions for warneninferior to those enj men. In other wards, there isdistinction as to sex. Warnen and men are considered equal in

54. A.ccording to article 56 of the Labour kt, conditions ofinferior to these prescribed by the Act, and no distinction shouldgrounds of race, nationality,sex, age, ,religious persuasion oropi nions. Wi th a viewto guaranteeingjust remuneration, articleworker to submitto the ConciliationandArbitration Board aclaimthat is adeguate and comrnensurate withthejobperforrned, if, in hiactual remuneration is not.

B. Safe and healthy working conditions

55. Both the Political Constitution of the United MexicanLatour Act state that apr imary obligation of ernployers i8healthiest working conditions for their eßPlqyees; to that end,article l23.XV ofthe Constitution,anemployer 'is required toaccordance with the nature of his business, the legal .regulationssafety in the installations ofhis establishnentand, generallymeasures for the prevention of all kinds of accidents, to ensuresafety of workers and of unbarn childrenin the caseof pregnantsimilar provision inarticles 132.XVI and 132.XVII of the Fe

respectively lay down the obligation to install the necessarysani tation faeili ties and to ccmply wi th the relevant leoal

56. Simi lar ly, under article 512A ofthe Federal Labour Act, aCornmittee on Occupational Safety ,and Health was set up. lt consirepresentatives of the Ministry of Labaur and Sceial Welfare, theHealth and Assistance and th.eMexican Social Security lnstrepresentatives designated by national orgam zations of workersaim of the Committee is to stUdy and suggest preventive rneasuresoccupational inj uriesand diseases.

57. The Act also called forthe establishment, in eachadvi sory committee on OCc upational safety and topreventive measures to reduee occupational in; uries andits j uri sd iction ..

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58. Article 509 of the Act states that safety and healthan equal number of workers land employers I representativesevery establishment to investigate the causes ofdiseases, propc>se preventive measures and ensure compliance

59. The General Regulations on Occupat ional Safety and Healthto ensure observance of the Federal Lalx>ur Act in mattershealth and thus to reduee the number of accidents and diseaseoriainating in the work-plcce, cover the following:

(a) Safe and healthy cOnditions in buildinys andf ire prevention and protection;

eh) Operation, modif ication and maintenance of industrial

(c) ToolsJ

(d) Handling, snipment and storage of material;

(e) Handlin9# shipment and storage of flammable, combusticorrosive, irritant or taxie substances;

(f) E:nvironmental conditions in the work-place;

(9) Protective gear for werkers;

eh) General sanitation;

(i) Provisionof safe and healthy working conditionsJ

(j) Advisory committees on occupational safety and

Administrative procedures.

60. The General Regulations came inta force upon their~u...,.....,,",~ ....Of icial of the Federation, on 5 June 1978.to safety:

(a) Safety regulations for miningJ

(b) Regulations for the inspec tionof steam generators

(c) Regulations concerning prevention of industrial

61. The last tY;Q sets of regulations apply to all matterssions and guidelioos of theGeneral Regulations on

Health.

62. In addition, 18 sets of guidelines have been issued onsafety matters to eomplenent some provi sions of ~e General

63. Guidelines concerning constit r strationjoint canmittees on oce ional safety and health have been

64. Also worthmentioning are the Health Code, which 1sMini Health and Assi stance, and the Social Secstandards and help regulate various aspects of the nation 11 s

65. Article 5 VI of the Labour Act def ines the sphere ofInspectorate of Labeur, whosefunctions, accordingto articletornoni tor the observance of labour standards; to inform and adviseemplG!{ers about their observance; to report to the conpetentshortcaningsof those standards and any vio1ations; and to carryand collect such data as may be required by the authorities inharmonious relations between warkers and empl~ers.

66. It is warth pointing out that si~e the latx>urprovisions to guarantee safe and healthy conditions in thein all labour relations; indeed, article· 1 of the Federal rabourthe ofthe Act govern the labour relations referredof the Constitution, including relations between employers andlaoourers, dornestic servants andcraftsmen, and, generallyagreements. Furthermore, pursuant to article 123.XXXI of thearticle 527 of theFederal Laoour .Act, occupational safety andmatter. Annex IV contains some statistics on occupational iniuries

c. ?qual opportunity for promotion

67. With regard to measures or procedures to provide equalworkers to be promoted, article 123 of the Constitution containsprovisions.

68. The private sec tor must respect theright of workers tobe, :Part IV, chapter IV, of the Federal Labour Act contai

relating to preferential treatment, seniority and promotion.

69. In thi s regard, article 154 of the Act states that, allbeing equal, enplo,yers are required to givepreference to Mexnon-Mexicans, to workers who have f.ami lyresponsibilities andincane, andto trade-union members over non-members.

70. Article 155 provides that persons seeking a vacant orshouldsubmit applications to the establishment in question.and are called, they are required to furnish evidence toapplications'.

71. Pursuant to article 158; each shment isworkers' and empl~ers' representatives to draw up overall seare supposed to be publicized for the benefit of those concerned.

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72. Vacancies for permanent pasts, for temporary postsduration or for new posts are to befilled aoc""'.... UAau......

the errployer has trained allthe workers in "thegradesupposed to 9 ive preference to thosewho are most capable andseniority. Where the conditions are equal, preference shouldworker who has family responsibilities and, if the conditionsthe warker who, on being tested, dernonstrates the greatest abiNotwithstanding the above, if the not trained theshou1d be given to the most senior if are severalseniori ty, to the worker who has fami Iv res'POnsibi Se

73. New pasts whose nature or spec:ial features are such that noestablish~nt has thenecessary qualif ications rnay be filled atdiscretion. It should be pointed out that if the collective labourcontains a clause of admission uooerarticle 395 of, the Federalto say if the enployer has agreed to admit to his enploymenttrade union which isa party to the agreement,vacancies havetoworkers proposed by that union. However, thisclause should notexpense of workers who are not mernbers of the trade' union and werein the establishment prior to the date on whichtheunion askedto be drawn up or revised.

74. Article 54 of the Federal Act governing State Workersdepartment in the public sector shall .bave a joint pranotionan equal number of administration and trade-union representatives.

75. Pursuant to article 47 of that kt, the rosteri.s the systemdepartment in the promotion exercise. All 11 rank-and-f ile"sit conpetitive examinations wi th a view to promotion to a higherthey have served a minimum of six months in the grade irnmediatelythe Federal Act governing State Workers)

76. Article 50 of that Act deals with the factors aff~ting theraster, which are as follows: skills, conpetence, seniority,punctuality. to article 51, vacancies are tohave the strongest claims once the various 'factors have beenweighted, priority being 9 iven to those whose families have noincome or those who have been langest with the department.

77. When all the names on the roster have been consideredstudied the head of the departnent and reviewed by the unionlowest grades and vacancies in each group are filled on a fifdepartrrent and union candidates, provided they have thethe department. Tenporary vacancies for periods of morethan sixaccording to the raster; vacancies for less than sixat the discretion of the head of the department, pursuantof the 183i slation governing public empl~ees.

D. Rest, leisure and reasonable limitation oLworkin9_oours ~ni! holidays with pay

78. The Political constitution of the Uni ted Mexican States i5 a set of al provi sions establishing the princ iples governing relations between individuals, relations between individuals and the Mexican State, and the actions of the State itself. Article l23.A of part VI, which is entitled "Labour and SocialWelfare", deals with labour relations between empl~ers and workers, d~ labourers, damestic servants and craftsmen, and, in general, with all labour agreements. It refers to weekly rest and the duration of the working day and contains inplieit references to leisure, overtime, holidays with pay and remuneration for publie holidays.

79. The Federal Labour Act, which gives effect to that artichi! of the Constitution, states in article 69 that the worker is entitled to at least one rest day wi th full pay every six days. However, many establishments have set a er rest-period for workers in their collective agreements; the rest-period has rioon to two days for every five days of work.

80. As to the maximum duration of the working day, article 61 of the Federal Labour Act sets a limit of eight hours for day work, seven hours for night work and seven and a half hours for work on the intermediate shlft. Overtime may not exceed three hours per day and cannot be required more than three times a week. Pursuant to articles 66 and 67, pay rates for overtime work shall be double the regular rates.

81. Concerning vaeations, articles 76 to BI state that workers who have been in the service of an emplqyer for more than one year are entitled to a paid annual vacation, which may in no case be less than six working days, to be increased by two days (up to a maximum of 12) for each .subsequent year of service. After the fourth year, tne vacation period has to be increased by two days for every five years of service.

82. Casual and seasonal workers are entitled to an annual vacation 0..1 in proportion to the number of days worked. Workers are allowed to t.ake at least six days of their annual vacation in one uninterrupted period. It i8 unlawful t.O pay conpensation in lieu of vacation. Workers are entitled to a bonus of not less than 25 per cent of the wages payable in respect of the vacation period. They are allowed to take their vacations wi thin the six months following completion of one year of servic e.

83. Articles 71, 73 and 74 of tlle Federal Labour Act, dealing with compulsory rest-days, provide that workers obliged to work on the weekly day of rest -­preferably Sunday - are entitled to their normal wages plus a bonus of at least 25 per cent. Workers obliged to work on the compulsory rest-days set by the Act

are entitled to receive, in addition to their normal wages, double wages for the work performed.

84. Thus the provisions concerning weeky rest, working hours, overt.ime. with pay and remuneration for public holidays for full-time workers are to be applied pursuant to the minimum guidelines establi shed by the Federal Labour Ac t.

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85. In terms of legal provisions and national practice, thepublic sector with respect to weekly rest, normal working hours,with pay and remuneration for ,holidavs i8 as follows:

(a) Article 123.B of the Constitution refers to labour "'~:""'lIOilI,""'..L,,-,&.a.~

branches of the Union, the Government of the Federal Districtand lays down the main princ iples which are to govern such

(b) Even though article 27 of the Federal Act governingthat for every six days of work a warker must have one ofhas been amended by the presidential Decision published in the ------"...........the Federation on 28 De:::ember 1972, which establishes a ffederal enplqyees;

(c) Pursuant to articles 22, 23and 24 of the Federal ActWarkers, the nonnal duration of the working day in, the public sectorseven and seven and a half haurs, dependirJj on whether day work,cambination of the 'two is iIlvolved. Overtime may not exceed threecannot be required more than three times a week,

(d) Article 30 of the Federal Act governing StateWorkerswarkers to two periods of paidvacation every year, each period consi10 working days. This entitlement commences after six months of

(e) Remuneration for public holidays is supposed to bewith articles 73 and 74 of the Federal rabaur Act, which supplementsAct governing State Workers. Article 11 of the latterstipulatesnot covered by its provi sions, toose of the Federal Labour J\ct

(f) Article 73 of the Federal Labour Act applies to labourcomerning publie employees~ It provides that a warker may noton his re'st-days and that if he does, he roust be paid, inwhich he i8 entitled, double time for the work actually performed.

111. ARTICLE 8. RIGB'I'S OF 'IRADE UNIONS

86. The Political Constitution of Mexico, the supreme body oflegislation, establishes in article 9 the right to assooiate foras an individual guarantee. In addition, article l23.A.XVI e_....., ..._ ..."""'_of both empl~ers and workers to organize for the defence of theirinterests by forming unions, professional associations and theof the fact that the Federal Labour Act also recQ3nizes the freedomof both parties (art. 354), they have the right to establish unionsauthorization (art. 357), subject to the provisions of the

, '

87 Article 358 of the above-mentioned Act protects the ronels choice as a fundamental principle of individual freespec ifies that "oobody ahall be obliged to join or abstain

union"" In article 133. IV of the Ac:t, theThe text reads as follows:

11133. An ernpl~er shallnot

i8 addre

!I IV. an coercion or any other meanswi thdraw from the industrial association or group of which he

88. with tions on the exercise of thethe Federal Labour Act spec ifies that "workers in positionsentitled to the other warkers' trade unions ••• n (art. 183).i8 admissible because of the relationship between SUdl warkers andbecause of the functions the:r perform in the establishment (management,administration, supervision, inspection, etc.) •

89. Trade unions have the right to form federations and confederatof the Federal Labaur Act) •

90. Artic le J2 3.A.XVII of the Constitution stipuiates that the lawsrecognize strikes and lock-outs as rights of warkers and empl~ers;

the right to strike, enployers the right to loc.k them out.

91. Part I1I of the Federal Labour Act,which encompasses article s 44deals with the right to strike.

92. Article 440 defines a strike as "the temporary suspension of workabout by a combination of workers n. Article 445. I spec ifies that a strikeillicit.if the majori ty of the str ikers canmit acta of violenceagainstproperty. Article 444 states that a lawful strike is one which satirequirements and purslies the objectives referred to in article 4balance between the different factors of prCXl uction;a collectivewith the employer; the observance and periodie revision of cOllectiveagreements and statutory agreements (contratos-ley) 1 the observarce ofstatutory provisions concerning profit-sharing; a show of support forany of the ab?ve a revi sion of wages.

93 0 The provisions governing proceedings in the event of a strikepart XIV, chapter XX, of the Laoour Act. Such pr~eedin9s commeooesubmission of a statement of claims to the emplqyer, indicating thestrike andf ixing the dateandtime for the suspensionof wark.be submitted in duplicate to the appropriate conciliation and arhi

94. Notice of the suspension of work must be 9 iven at least sixdate indicated for the suspension, 10 days in the case ·cf publicboard roust inforrnthe employer of the workers' demands so that hemayas soon as possi ble. From the date on which a statement of claimsnotice of intention to strike 18 subnitted, the execution of all jsuspended and the establishment is not liable to any form ofconstitution of security, judicial proceedings or dispossession, excepnecessary to ensure the rights of workers, especially the right to

7 mmuw_ ~

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wages, pensions and other benefits thathave became due, theions to the Me:Kican SClCial Secur Institute and the

Heusi ng :Fund, and the payrnent of other outstanding taxes.

95. The appropriate conciliation and arbi tration ooard thena hearing at which it endeavours to them to reachIf it fails to da so, the proceedings continue until theaward.

96. with regard to the right of trade unions to functionthe Labour Act recognizes their right to draw up their own rulesand elect freely their representatives. In addition, article 3.ernployers fram intervening in the i nternal activities of unions

97. AB to the public sector, article 61 of the Federal Actprovides that "unions areassociations of employees working inand are established for the purpose of stooying, inproving andconmon interests". Should there be severa1 groups of workers claimiconstitute the union of the department concerned, the FederalArbitration Tribunal recognizes the association having the

98. State werkers in positions of trust may not join unionsthe functions they perform and because in most cases they areoff ic ials of the department concerned.

99. Article 78 of the above-mentioned Act specifies that unionssector may join the Federation of Unions of StateWorkers.

10 o. Uni 008 may function wi thout any inpediment what soever. EvenAct governing State Workers does not contain any specific provisionthe Federal Labour Act may be applied supplementally tothe exercisefunctions, in accordance with article 11 of the former Act,matters not covered by this Act ••• the FederalLabour kt ... " shasupplementally ••• 11.,

101. The right to strike of those considered "rank-and-f ile" workerssector is set out in article 123.B, of the Constitution. AccordiState workers may make use of the right to strike after firstrequirements prescribed by law with respect to one or moreadministration, whenever the rignts a~firmed by legislation aresystematically violated.

102. Part IV, chapter I II, of the Federal Ac t governi ng Statethat "the term 'strike' shall mean a ternporary suspension of work

cambination of workers and called in accordance with the termdown in the Act "._

103& A strike may be called bythe workers if the head of aaccede to their demaoos in violation of their r ights under thelawsc

104. Article 100 states that, before suspending work, employeesChairman of the Federal Conciliation and Arbitration Tribunaltheir demarrls, to;Jether wi th a copy of the record of the meetingdecided to call a strike. Once the documents are received, copthe officials who have the IX>wer to meet the dernands so thatwi thin 10 davs of the notif ic at ion.

105. The Trioonal has theunlawful. If the Tribunal deerns itthe enplo,yees may s uspend work. At the request of the competentthe light of the evidence, a deci sion may be made as tohow manystrikers will keep on the job to continue providing those servicesthe stability of institutions and the preservation of installationsundermined or public health would be placed in danger.

106. The obligation to respect the suspension of work i s laid downof the Federal Act governing State Workers, which stipulates that thethe civilian and military authorities roust respectthe right beingworkers by affording them such guarantees and assi stance as they

107. Lastly, as an exarnple of the progress achieved by the unions,be made of the fact that, under the presidential Decree of 1pr i vate bank i s nationali zed, i ts employees are entitled to form unions

IV. ARTICLE 9. THE RIGHT TC SOCIAL SECURITY

108. Article 123 of the Constitution emhooies the right to socialParagraph XXIX states that a social security law is a matter ofluust provide for disability, old-age and life insurance against in v- ....."'=lio .. iI>"""' .........

unemployment, sickness and accidents, insurance for ch"ild-care servicfonns of insurance for the protection and well-being of factory workersworkers and non-wage-earning workers. Gf particular importance i5social security also covers their family members and even workers inof soc

109. In, order to prote::t the above-mentioned right, the Social Securiwas promulgated. Tm s body of laws was superseded by the new Socialof 1973, which states that it i8 to be observed throughout the Mexic(art .. 1 of the Sexial Security Act). Article 2 stipulates thatdesigned to safeguard the human right to health, medical care andmeans of subsi stence and toguarantee the social services nec:essaryof the individual and of the camrnunity. ÄCcordingly, the entireaccess to the benefits or allo\vances available under the .Act, forconstitutes a public service for the nation as a whole.

1.10. In this connection, there are two S of social securi schernescheme and the voluntary scheme rto , which cover

provide services by means of benefits in cash and kind, in accordanceterms and conditions laid down in the Act and its regulations (art.

EI 1984/6/Add. 2sh

Page 18

111. Under article 11 of the above-mentioned Act, the ... _....................., ...... _.,_o=Jfll...... JL

coverage in the event of occupational uries, sickness, pregnancyas weIl as old-age, superannuation and death benefits, and ehthese insured. This scheme covers persons who are bound torelationship, members of productianco-operatives and ofco-managed enterprises, beneficiaries of refonns,settIers, smallholders, warkers in family businesses, self-emembers of the ssions, s , craftsnen and otherwockers, and woo are natural persons. 'lb obtain suchemp1o.Y'er , the workers and the other parties con.c::erned mustwith the Mexican Social Security Institute.

112. The voluntary social security scheme i8 an arrangementSocial Security Institute rnay conclude collective or iooividualoptional insurance to provide sickness and maternity benefits inof an insured person who are not protected by the Act or to any(art. 224 of the S~ial Security Act) ,subject in every casetoschedule of contributions established by the Institute.

113. In the event of a oon-occupational sickness, medical caresurg ical, pharmaceutical and hospital treatment fram the onset ofperiod of 52 weeks for the same c-amplaint. Lf at the end of thisinsured person is still siek, the Institute rn~ extend the treatmentof 52 additional weeks (arts. 99 and 100 of the SocialSecur

114. This branch of social security covers insured persons, personapension in respect of permanent, total incapecity, permanentat least 50 per cent, disability, old age, superannuation,depeooance on an insured person, the wife, or' else the conmon-lawinsured man, the wife, or else the canmon-law wife, of a man recchildren under 16 years of age, persons under 25 years of age ifor are ill and unable to work, the children over 16 yea.rs of agereceiving a pension, and the parents af a -person who i8 insured orpension, provided they live in his household.

1150 The wife cornmon-law wife and children mentioned inentitled to the corresponding benefits on condition thatdependent on the person who is insured or drawing a

116 e Cash benefits for non-occupational illness are grantedincapac itated for work. The allowance is paid fram the fourthcommencement of the incapacity up to a maximum of 52 weeks.

the i ncapac i tycontinues, the payrnent of the allowance mayan additional 26 weeks (art. 104 of the Ac •

117. Maternity benefits in kind are to an insured wamanelse the canmon-law wif.e, of a man who i8 insured or drawing apregnancy, at confinement and' during the period following confibenefits include obstetrical care, allowances in kind formothers and a layette on the birth of the child (arte 102

addition, during pregnancy and during thewoman is entitled to a cash benefit to her fullfor 42 days before and 42 days after her confi·nernent.

118. In cases where the date indicated by the doctorswi th the date of the woman's confinement, she i8 paid

2 day-s after cant inement, irrespective of thecovered. Payment in respect of the days by which thehas been ed is made as for a continuation of incapacsickness.

119. With to work-related matters, the Federal Laoourdealing wi the employment of wanen. Artic1e 165 of the Actmoda:li ties laid down in that chapter have a's their fundamentalprotection of materni ty. Under article 166, it i8 prohibiteddangerous or unhealthy conditions atnight or overtime whenhealth or that of her child during pregnancy or lactation.there~ incurred.

120. Moreover, in accordance with artic1e 170, paragraphs 11 toare entitled to sixweeks of maternity leave before confinementcanf inement. The leave may be ~xtended as necessary if i t iswoman to return to work on account of her ,pregnancy or confinernent.entitled to full pay d"uring rnaternity leave and to half pay for aexceeding 60 days during extended maternity leave. During thewarnen are enti tled to two spec ial half-haur breaks each da,y oreast:-I:infants. They are entitled to reinstatement in their IX>st wi thinfollowi ng their canf inement and to have the period of pre-conf l.ne!mE~nt:

post-confinernent leave counted towards seniority.

121. When a worker becanes unemployed but has paid not lessweekly contributions, he and his deperxlants retain entitlementmaternity insurancebenefits for eight weeks after he becamesof the Social Security Act) •

The following the receipt ofestablished in--accordance wi th artic1es 12 and 128

That the person to receive such benefits i8 insured

(b) That the person in question i8 prevented fram earningenplo,yrnent, a wage more than one half of that eamed ,in thehealthy

) the disabili ty is the result of a non-occ ionalaccidentor of a physical or n:ental defect or exhaustion, or thatcamplaint or condition which permanently preventshim from worki

123. The benefits are the following: a temporary or permanentsurg ic al, pharmaceutical and hospital care, family allowances

E/1984 /Add .. 2sh

Page 20

assistance for family dependants calculated as a percentage of"horne care n allowance, when state of health makes such care eof an increase of up to 20 per cent in the on receivedSecuri tv Act) •

1240 The nsured person is not entitledto eive disabilicase s where: or in cornplic i ty wi th another person,the disabili he of a wilful offence that led to thedisabili existed he joined the insurance However,two cases, the Act provides that, with a view to ensuring that theinsured person's family are covered,they should be eitherof the bellef it to which they would have been entitled in the eventthroughout the duration of his disability.

1250 Moreover, in accordance wi th artic le 13 3 of the Ac t, i nsuredfor the benefits in question are subject to such rnedical examinationsreports and means tests as rnay be required bythe Institute. Thepayable as from the date on which the disability began.

126. With regard to old-age benefits, artic1e 137 of the Social Secspec ifies that the insured person i s entitled to the following in old

(a) Pension;

(b) Medical, surgical, pharmaceutical and hospitalcarei

(c) Family allowanees (see disability insurance) ;

(d) "Horne care" allowance (see disability insurance) •

127 e In order to avai 1 himself of trose entitlements, the benefreached the age of 65 years and be credited by the Mexican SocialInstitute with at least 500 weekly contributions (art. 138 of theAct). The benefits are payable as fram the date upon which the insured

those requirements.

128 D The pension canpri ses a hase payment and annual increments,according the classification of the insured person on the basiwage or salary at the time of his app1ication for the pens~on in queof the Act) •

129~ It should be pointed out that an insured person who does nothis pension may have it deferred for as lang as he continues

on will thE:n be payable, only at his request, as from theceases to w'ork.

130. the death of a person who was insured or receiving ae benef i t, hi s benef icia'ries are entitled to the following:

orphanus benefit, secondary dependant's benefit, "horne care u

wand med.ical care (art. 149 of the So:::ial Securrements must be met in order for these benef its t{J

At the time of his death, the insured person roustcontributions to the Mexican Social Sec Institute;

The insured peroon must have made at least 150ave been drawing a disabili or superannuation

) The death of the person who was insured or drawingttri.butable to a cause other than an occupational injury or

131. In accordance with article 151 of the above-mentioned Acinsured person whose death was attr ibutable to a causeotherinjury or illness, but who had been receiving a benefitincapac resulting fram an occupational injury or illness,banefits, regardless of whether the insured person had failed tocanpulsory social security contributions and whatever the lenghad elapsed since he had ceased to make contributions. Moreoverperson was receiving a benefit owing toa total and permanent i&,A,-c;;;awc;;;;l,v

death is attributable to a cause other than an occupational isurvivors are entitled to allowances, provided that the deceasedhis benefit for not more than five years.

132. The wife of a man who wasinsured or receiving a benef it iswidow's pension, but in cases where there is no wife, his common.....woman by whom he had childrenis entitled to the pension,nor she wasmarried. A similar pension is pay-able to a widowerdisabled and was financially dependent on a woman who wasreceiving a benefit (art. 152 of the Social Security Act) •

133. The widow's pension amounts to 50 per cent of the old-age,superannuation benefit or 50 per cent of the benefit that wouldto the insured person, had he been di sabled (art. 153 of theEntitlementto thewidow I S pension b€CJins on the date of the deathwho was insured or receiving a benef it and ends if the benef icwidow or common-law wife marries or b83ins to cohabi t wi th a manreceives a lump surn equal tothree times the amount of thebeen ra::eiving;

134. Every child below the age of 16 years is entitled to thethe death of a parent who was insured or drawing a benefit.

's benef it may be extended beyond the age of 16 yearsif the child is attencling an official school or has an illnessmental disability which prevents hirn fram working (art. 156

135. The '8 benefitamounts to 20 per cent of the dibenefit that the insured person was rec; at the time ()f

20 per cent of the benef it that have been payable to hincapac itated. In cases where the chi Id has lost ooth hisbenefit arnounts to 30 per cent of the aforementioned disabili(art. 157 of the above-mentioned Act) ..

2

136. In cases where the benef iaries referred to earlier do not exdependant s benefit 18 awarded to the of theinsured or drawing a benefit. The secondary dependant's benefit20 per cent of the benef it that the nsured person was receiving atdeath or that would have been payable to h had he been incapac

the

137. Workmen s ion i8 payable to insured persona who havehave contracted diseases to which workers are exposed on the or

The term ndustrial accident" covers any organicfunctional disturbance, occurring immediately or subsequently, aso weIloccurring suddenly in the course of errployment or in consequence thereof."occupational disease" covers any patbological condition arising framinfluence of a factor orig inatiB3 in or causedby the work itself orenvironment in which the employee i8 required to work (arts. 48, 49Social Security Act) •

138. According to article 62 of the Act, occupational injuries may resulttemporary disability, permanent partial disability, permanent total dideath.

139'. The corresponding benefitsare awardedboth in kind and in cash.kind are provided in theform of medical, surgical, pharmaceutical andcare, prosthetic and orthopaedic devices, and rehabili tat ion (art. 6Security Act) •

140. Under article65 of the Social SecurityAct, the cash benef.its are

If an insured perSCln i8 incapacitatedfor 'work, he receivesor salary for as long as he i8 incapacitated, pendiD3 the declaration

total or partial disabilitYJ

Ifan insured .person i8,declared perrnanently and totreceives a mc>nthly benef it calculated according to hisclassif ication onof his normal wag.es or salary at the time of the accidentJ

If an insured person i8 declaredpermanently but partially - ....~- .........­a benef itcalculated according to the disability assessment

down in the Federal Lalx>ur Act and on thebasis of the amount of thewould be payable in the case of permanent. total disability. kcountthe '8 age, the extent of the disability, whether the disabifor the purposes of his occ upat ion, even though he may be able to engagother occupation, or whether his ability to engage in his occ or

ul merely been dimini shed e

1. Persona who are or totally disabled on a permanentto an annual year-end ·bonus amounting to 15 days' benef

142 In aecordarx:e wi th article 71 of the ~t, if the occupationalthe insured person 's death, his be'nef ic iaries receive thefollowi

A surn equal to twice the average wage or salary in the-contribution category to which the nsured person was assianed atdeath, to be used to defray funeral expenses;

(b) A benef it amounti ng to 40 per cent of the benef it thatwouldto the insured person, had he been itated

basis, is payable to his widow or, where there s no widow, to hiswife The same benefit is to a widower who was financiallinsured woman owing to his total disabili

child who is bereaved of either and isentitled to a benefit amounting to 20 per cent of the benefit that wouldpayable to the insured person, had he been totally disabled on a permaneThis orphan's benefit ceases to be paid when the child becames fit foragain;

(d) Every child under 16 years of age who is bereaved of eitherentitled to a benefit arnounting to 20 per cent of the benefit that W'()uldpayable to the insured person, had he been totally disab1ed on a permanentThi S orphan I s benef it ceases to be paid when theorphan reaches the age16 years. Payment may continue until the orphan reaches the age of 25cases where he or she is attending an official sehaal or a schoo1 in theeducation system;

(e) In ~ases where the widower (widow) dies subsequently, thetenefit is increased by 10 per cent fram the date of his (her) death;

(f) Children who have lost both parents and are under 16 years ofunder 25 years of age if they are attending off icial schoc>ls or are totadisabled as a result of illness or a physical or mental disability, area benefit amau to 30 per cent of the benefit that would have beenthe insured person, had he been totally disabled on a permanent basi Sal

•s benef it ceases to be paid, the orphan i s entitledegual to three times the rnonthlv benefit he was

144. In accordance with the third paragra};i1 of artic1e 73 of the SocialAct, in cases where there i8 no widow, orphan or cammon-law wife, eachsecondary deperrlants who were financial1y dependent on the deceasedentitled to a benefit amounting to 20 per cent of the benefit that would

to the insured person, had he been disabled on a permane

145. The persons referred to in subparagraphs ) to f) of paragrd receiving benefits are awarded an annual year-end

amounting to 15 days' benefits.

146. All the aforernentioned benefits are increased every five years.timeof the review, the benefits are found to be egual to or lower thanmi.nimum wage in the Federal District, they' are increased by 10 per cent.are found to be higher than the general minimum wage, they are increased5 per cent (arts. 75 and 76 of the Social Security Act).

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Page 24

147. Mexi.co is in the midst of an econornic crisis and i8 making_~ffort to increase access for the population at large to socialthat are regarded as having high priority, which entails a wideinvolving investment in all sectors. In view of this, it i8 nottime has ·came to consider introducing either familv or

148. The Govermnent of Mexico has consistently attachedprovision of social services for the benefit of society as ahave been designated as apart of the aceial securipart IV of the Social Security Act, they canprise social welfarecommunity welfare services.

149. Article233 of theAct states that the purpose of aceial weto promote health to prevent disease and accidents, and to contriimprovement in the population's standard of living. In accordancearticle 234, the benefitsin question are provided through programme

(a) Health promotion;

(b) Education in hygiene, rnother and child care, health

(c) Improvements in nutrition and in housing conditions;

(d) Promotion and development of cultural and sports activitiesgeneral, all activities designed to encourage better use of leisure

(e) Regularization of the civil status of individuals;

(f) Technical instruction and vooational training coursesincreasing workers' eaIning power;

(g) Holidayand emplC!iee-rehabilitation centres;

(h) Rationali zed use of econornic resources in the hane and acl

residential units;

(1) Funeral arrangements and related services;

(j) Other services designed to raise both individual andof living.

150. According to article 236 of the above-mentioned Act, canmuni'services include medical, pharmaceutical and oospital care. Artthat s och servic es are to be provided solely to populat ion groupsthe country's le'vel of development, formpockets of extreme deprsuburban and urban areas alike.

151. It i8 important to point out that, in the midst of Mexico'eri si s, the chief body responsible for monitoring social securiset itself the most carnprehensive goals in the effort to fulfi1

wi th which i t has been entrusted. Under its progranune of action, theInstitute will pri basis,

demands made on i t in the current situation. ·It will endeavour to .......4'lI.~,JI,&_sooia1 security system both geographical1y and coverage ofwhi1e improving service s. It will tai10r social benef its to new craise the level of benefits to the extent ble. In the interest

, irnproved services will be orovided for deoressed areasgraupe in rural ions

152. On the question of expanding the social secur em, the aimi in the under the terms of the Social Security Ac75 municipalities and 193 new graups, including rural warkers, mineworkers""~1I""~-e-earners, enpl~erswho are natural persons, and domestic workers

153. Attention should also be drawn to the fact that a great number ofenp10yees have becane participantsin the compulsory scx::ia1 securityare thus 108,211 new insured persons, of whom 82,831 are working and 25retired, representiBJ an increaseof 353, 248 in the nurnber of benefic iasl..dh.socia1 security system hasreached out to rural wage-earners, beneticiariesagrarian reforms, cammunal 1andholders and smallholders residing in18 municipalities in tne State of Guanajuato, giving coverage to a further21,106 insured persons and 92,6,?3 ben:!ficiaries. Nt>w that the enplo,yeesstat e Governmentsof Colima and Queretaro and the rnunic ipa1ities ofhave joined the voluntary scheme, the coverage provided by the Iextended to a further 94,476 ben'eficiaries in that area.

154. The total nurnber of i nsured persona is 7,332,000, representing an15.1 per cent, and the nurnber of beneficiaries amounts to 28,229,000those numbers should be added 17,084,000 rural workers who have been 9

155. The Mexican Social Security Institute currently delivers services49,380 00 people, or 65 per cent of the country's total population.

156.. period following separation fram employment during which insuredand beneficiari'es may retain their entitlement to medical servicesservices relating to childbirth has been extended from 8 to 26 weeksdate upon which the errp10yee ceases to receive his incane.

157.. endeavour i s being made in the current year to extend s~ial

coverage to 18 million peop1e in disadvantaged rural areas.

158. Last , the Mexican Social Security Inst has decided toto insured persons on a graduated scale: 50 per cent for those recsmallest benef its and by at least 20 per cent for those rec thebenef

E/1984/6/Add.2EnglishPage 26

Annex

LIS1' OF REFERENCE MATERIALS

1. Analysis of labour statistics, with referencethe Mexican Social Security Institute.

2. Trends in minimum-wage levels for the period 1970 to

3. Average earnings as recorded in 12 major districts ofwith reference to a few categories of industrial ac

4. Statistics on occupational injuries and diseases.

Notes

2../ These reference materials may be eonsulted in theSecretariat in the original language, in the form in whichthe Governrnent of Mex ieo.