Mexico

"Articles 4 and 6. Collective bargaining of public servants not engaged in the administration of the State. The Committee notes that the Federal Act on State Employees (LFTSE) excludes from collective bargaining all workers covered by this Act, as it sets out in section 87 that the general conditions of work of the workers covered by the Act are fixed by the respective head of the competent agency, taking account of the opinion of the corresponding trade union where so requested, and that such conditions are revised every three years. The Committee recalls that persons employed in the public sector but who do not carry out activities related to the administration of the State (employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, and transport personnel, etc.) are covered by the Convention and should be able to negotiate collectively their conditions of employment, including their wage conditions, and that mere consultation of the unions concerned is not sufficient to meet the requirements of the Convention in this respect (see the 2012 General Survey, paragraphs 172 and 219). In light of the above, the Committee requests the Government to indicate the available mechanisms for the promotion of collective bargaining, established in conformity with the Convention for persons employed in the public sector but not engaged in the administration of the State. "

"Article 3. Right of workers’ organizations to organize their activities and to formulate their programmes. The Committee recalls that for many years it has been requesting the Government to take the necessary measures to amend various aspects of the legislation on the right to strike of state employees, particularly: (i) section 99(II) of the Federal Act on State Employees (LFTSE), which establishes the requirement of two thirds of the workers in the public body concerned to call a strike; (ii) the legislation that restricts the right to strike of certain state employees (including workers in the banking sector and those in many decentralized public bodies, such as the National Lottery and the Housing Institute) only to situations involving a general and systematic violation of their rights (section 94, Title 4, of the LFTSE, and section 5 of the Act issuing regulations under article 123B(XIII bis) of the Constitution); and (iii) several laws and regulations related to public services (the Railway Regulations Act, the National Vehicle Registration Act, the General Channels of Communication Act and the internal regulations of the Ministry of Communications and Transport), which provide for the possibility of requisitioning staff in the event that the national economy is affected. The Committee notes that, although the Government had previously reported on a legislative initiative proposing the reform of various provisions of the LFTSE to enable the workers concerned to exercise the right to strike, in its latest report the Government merely indicates that the requested amendments were not made. The Committee also notes that the National Workers’ Union (UNT) reports that the right to strike is practically impossible for state employees. While requesting the Government to provide its observations in this respect, the Committee expresses the firm hope that it will be able to note progress relating to the various amendments to the LFTSE referred to above, and any other measures deemed necessary to ensure that workers not exercising authority in the name of the State can exercise the right to strike. The Committee requests the Government to keep it informed of any developments in this regard."