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

Minimum Age Convention, 1973 (No. 138) - Mexico (Ratification: 2015)

The Committee notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT) and the National Labour Council (CONLABOR), communicated with the Government’s report. It also notes the observations of the National Union of Workers (UNT), received on 5 September 2025. The Committee requests the Government to provide its comments in this regard.

Article 2(1) of the Convention. Scope of application. Childrenworking in family enterprises and domestic work in the family. The Committee notes the information provided by the Government in its report indicating that section 23 of the Federal Labour Act provides: (1) for the prohibition of work by young persons under 18 years of age within the family circle in any activity harmful to their health, safety or morals, or which prejudices the exercise of their rights (section 23(3)); and (2) that, where persons under 18 years of age engage in productive activities for their own consumption under the direction of family members or guardians, the latter shall respect and protect their human rights and guarantee the completion of their basic compulsory education (section 23(5)).

The Committee notes the view expressed by the CONLABOR in its observations that the current wording of section 23 of the Federal Labour Act, under which only work by persons under 15 years of age outside the family is prohibited, gives rise to grey areas that need to be remedied, and that the provision allows children under 15 years of age to work in the family environment (except in hazardous work). It adds that the concept of their own consumption in section 23 of the Federal Labour Act is not clearly defined, and therefore opens the door to loose interpretations and the risk of exploitation. The Committee notes the CAT’s observation pointing out that, with reference to the situation of child labour by occupation, according to the 2022 National Child Labour Survey (ENTI), 1.9 million were engaged in domestic tasks under unsatisfactory conditions. The Committee reminds the Government that the Convention applies to all sectors of economic activity and all forms of employment or work, irrespective of whether there is a contractual relationship and of whether the work is paid. The Committee therefore once again requests the Government to revise section 23 of the Federal Labour Act in order to ensure that all children under the age of 15 years, including those working in family enterprises or performing domestic work within the family, are fully protected by the Convention.

Articles 2(1) and 7(1) and (3). Minimum age for admission to employment or work, minimum age for admission to light work and the determination of light work. The Committee notes the information provided by the Government and its indication that Mexican legislation does not include the concept of light work for children and young persons under 15 years of age, nor does it contain specific provisions on the activities, hours of work or conditions which could be considered admissible for this age group.

The Committee notes that the CONLABOR recommends the establishment of a regulatory framework governing light work which includes: a list of the authorized types of light work, criteria for the minimum age (not below 13 years), restrictions on hours of work, safe conditions and educational controls, as well as the authorization, regular supervision and participation of the educational authorities. The Committee notes that, according to the ENTI 2022, of the 3.7 million children engaged in child labour, 1.9 million were aged between five and 14 years. The Committee recalls that, in accordance with Article 2(1) of the Convention, no one under the age of 15 years shall be admitted to employment or work in any occupation, subject to the exceptions set out in Article 7 of the Convention respecting light work. The Committee notes with concern the significant number of children below the minimum age who are engaged in child labour in the country. The Committee therefore requests the Government to take the necessary measures to ensure the progressive elimination of child labour and once again requests it to provide information on the results achieved. It also requests the Government to take the necessary measures to: (i) set a minimum age for admission to light work, with a view to ensuring better protection for children who work despite not having reached the minimum age to do so; and (ii) determine the types of light work that may be performed by children between the ages of 12 and 14 years, and prescribe the number of hours during which and the conditions in which such work may be undertaken, in accordance with Article 7(3) of the Convention.

Article 9(1). Penalties, labour inspection and application of the Convention in practice. The Committee notes the information provided by the Government concerning the adoption of the Inspection Protocol for the Prevention and Eradication of Child Labour and the Protection of Work by Young Persons of the Permitted Age, the objective of which is to guide the action of inspectors for the detection of children engaged in child labour, and that in 2024 for the first time 2,000 inspections were planned in workplaces where there were indications of the presence of children and young persons in hazardous activities.

The Committee also notes the information provided by the Government that between 2022 and 2025 the Secretariat of Labour and Social Welfare carried out 142,951 inspections, during which in 2023 one labour violation involving child labour was recorded in a food producer, and the case was referred to the Office of the Public Prosecutor of the Attorney-General of the Republic.

The Committee notes the information provided by the Government in relation to the findings of the ENTI 2022, according to which: (1) 2.1 million children below the statutory minimum age were engaged in work or were undertaking hazardous occupations, of whom 1.5 million were boys and 600,000 girls; (2) the principal activities undertaken were in agriculture, stock-raising, forestry, hunting and fishing (33.3 per cent); mining, construction and industry (25.7 per cent); commerce and sales, itinerant trading (5.1 per cent); personal services and care (5.3 per cent); and domestic work and cleaning (5.1 per cent); and (3) the child labour rate rose from 11.5 per cent in 2019 to 13.1 per cent in 2022.

The Committee notes the indication by the CONLABOR in its observations that, although the legal framework is in compliance with the requirements of the Convention, its application in practice reveals significant shortcomings and that labour inspections for the prevention of child labour continue to be inadequate, especially in the informal sector, domestic work and seasonal agricultural work. The CONLABOR recommends the provision to the labour inspection services of sufficient human, technical and financial resources to undertaken systematic supervision throughout the country. Taking into account the increase in the rate of child labour, the Committee notes with deep concern that labour inspections only detected one violation. In this regard, the Committee urges the Government to take all the necessary measures to strengthen the capacities of the labour inspection services so that they can detect all cases of child labour, particularly in the agricultural and domestic work sectors. It requests the Government to provide information on the progress achieved in this respect and the results obtained, including in the informal economy. It also requests the Government to continue providing information on the number and nature of the violations detected, the investigations carried out and the number and nature of the penalties imposed.

The Committee is raising other matters in a request addressed directly to the Government.