From CRC/C/65/Add. 6 of 17 August
1998
147. The Constitution of the United Mexican
States and the Federal Labour Act constitute a legal framework
which defines clearly the concept of labour relation and the
circumstances and legal conditions under which children may
work. They also define child workers as adolescents aged over
14 and under 18 who render their services on a personal basis
for an employer.
148. Nobody is unaware of the necessity which
induces children to venture into the informal market of the
economy, in which there are no legal labour relations and the
authorities are not competent to intervene.
149. The legal definition covers only minors
who engage in formal work, and the labour legislation does not
apply to minors who work independently or those who earn their
living as street vendors, car washers, windscreen washers,
etc., or to other minors not covered by the labour laws
derived from article 123.A of the Constitution since they are
not subject to a labour relation from the legal standpoint.
154. Section II of paragraph A of article 123
of the Constitution prohibits children under 16 from
performing unhealthy or hazardous work, night work in
industry, and any work after 10 p.m. Article 175 of the
Federal Labour Act bans night work in industry both for
children under 16 and for those under 18.
155. This article specifically prohibits
children under 16 from performing the following work: work in
premises supplying intoxicating liquors for immediate
consumption; work which may affect their morals or good
habits; work involving travel, except when authorized by the
Labour Inspectorate; underground or submarine work; hazardous
or unhealthy work; work which is beyond their strength or may
impede or retard their normal physical development; and work
in non-industrial establishments after 10 p.m.
156. In accordance with this legislation, the
Ministry has established the following requirements for
authorizing children over 14 but under 16 to take a job:
- Completion of their secondary education
when possible, except when their studies are incompatible with
the work to be performed (FLA, art. 22);
- Written consent of their parents or legal
representative for them to work;
- Satisfactory medical check to confirm their
capacity to work.
157. Children aged over 16 but under 18 may
offer their services freely; in this case the Federal Labour
Inspectorate issues a certificate confirming their capacity to
work and specifying the prohibition on their employment in
night work in industry (FLA, art.2).
158. The types of work open to children fall
into three categories:
- Work in the branches of industry and
business activities under federal jurisdiction indicated in
article 123, paragraph A, section XXXI, of the Constitution
and article 527 of the Federal Labour Act;
- Formal work in an activity not covered by
the preceding paragraph: work in warehouses, service
enterprises, shops, etc., when the labour laws are enforced by
the labour authorities of the federative entities; and
- Work performed on a personal and direct
basis in the informal sector without any worker-employer
relation. In this case the benefits and protective measures
established by the Federal Labour Act do not apply.
