The plenary session of the Chamber of Deputies unanimously approved reforming the Federal Labor Law (LFT) to guarantee the equal pay between men and women. Companies that fail to comply will pay a fine between 50 and 2,500 times the Measurement and Update Unit (UMA), that is, between 5,187 and 259,350 pesos.
The opinion of the Labor and Social Welfare Commission did not include a draft of the Senate on the same subject, but one that is deeper and broader, since it includes changes to 14 laws to guarantee the gender pay equality in the public and private sectors. Nor did it incorporate other proposals that alluded to women athletes and collective contracts.
“In Mexico we have a truly serious and unacceptable condition. The National Institute for Women points out that the women earn 32% less than men,” said deputy Amalia García (PRI).
One of the modifications approved by the plenary session was article 86 of the LFT, which already indicates that equal pay corresponds to equal work. The deputies added a paragraph that says: “The bosses will guarantee the substantive equality and non-discrimination based on gender”.
Meanwhile, in article 132 of the legal framework, a space where the company obligationsadded one more: “Promote substantive equality between men and women by paying equal pay for equal work.”
They also established a ban on lay off or coerce resignation for reasons of ethnic origin, gender, age, disability and health conditions, among others. This impediment was integrated into section I of article 133, which currently states that companies cannot reject workers for the above reasons.
The opinion also adds another prohibition within article 133 with economic consequences for companies that fail to comply with the new ordinance. A new fraction, XVIII, establishes that workplaces may not violate substantive equality.
The reform was sent to the Upper House for review.
toothless labor reform
The Senate approved in 2021 a package of reforms to the LFT and other laws to guarantee the equal pay between men and women. The draft was also sent to San Lázaro for review, but it is still frozen in the Labor and Social Welfare Commission.
In this way, the legal changes so that women have a greater guarantee of obtaining fair wages so far they are only good intentions on paper, they are not yet applicable reforms.
The project endorsed by the senators obliges companies to identify and notify the authorities of actions that affect the principle of equal pay.
It also commands that to remove the gender gapcompanies, public and social institutions must process the Gender Labor Equality and Non-Discrimination Certificate and certify that they have practices that favor the integral development of all workers.
This bill modifies 14 laws and indicates how workplace violence Ask about the salary history in the hiring process or the employment relationship.
During the discussion in plenary session, the deputy Amalia García (MC) regretted that the Senate’s minutes had not been integrated into the Labor Commission project because, like her initiative, it puts “teeth to reform”.
Athletes can earn less
Meanwhile, the Labor and Social Welfare Commission of the Chamber of Deputies refused to include in the opinion approved this Thursday a proposal to include in article 294 of the LFT that “professional athletes They must receive a fair salary and in accordance with the economic reality that exists in sports ”.
In 2017, the Women’s MX League established a salary cap of 2,000 pesos per month for soccer players over 23 years of age, and 500 pesos for those under that age. Although the league owners had to eliminate said tabulator, the majority continue to earn low salaries, according to the communicator and academic Adrianelly Hernández.
However, the commission considered that the proposal conflicted with article 297 of the LFT, which establishes that in sporting events or functions, it is possible to pay different wages for equal jobs.
Nor did they accept a proposal for the Federal Center for Conciliation and Labor Registration (CFCRL) to verify the collective bargaining agreements (CCT) and internal regulations “contemplate objective measures to eliminate the gender pay gap.”
They also rejected an initiative to force coordination between the Ministry of Labor and Social Welfare (STPS) and the Mexican Social Security Institute (IMSS) to ensure equal pay for men and women in companies.
