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Gustavo Leal F.*: Equal work, equal salary in CDMX?


n November 2022, Sergio López Montecinos, general director of personnel administration of the CDMX Government, buried the maxim of Mexican labor law and international standards (ILO), according to which, equal pay corresponds to equal work.

In a circular (SAF/DGAPYDA/0060/2022/1/11/22) that seeks to regulate the incorporation of places in the Galene Salud program – which are exclusive for the medical/paramedical branch of the Secretary of Health-CDMX (Sedesa) – Montecinos resorts to article 7 of the Federal Law of State Service Workers (regulatory of section B of article 123 of the Constitution) to avoid article 6 of the same law, and thus flagrantly evade its responsibility to grant permanent appointments that would occur after six months of employment relationship.

With this evading resource and as an administrative authority, Montecinos will be able –now– to grant gradually and at will –absolutely unilaterally– the labor benefits that he deems appropriate within the annual budgetary framework. In fact, Montecinos imposes a clear inequality in front of permanent workers and contradicts the essence of section 7 of article 123 of the Constitution, which prescribes that for equal work there must be equal pay.

Montecinos practically denies workers the possibility of having union representation. This will allow the Government of the CDMX to exclude the reference positions of the mixed ranking commission, since by its aforementioned circular, it is implicitly accepted that they They are not eligible for ladder processes, because by their nature it is not an organized system to carry out promotion promotions for workers..

In such a way that promotion for the promotion of health professionals, via the ladder, accessing higher categories with their corresponding salary increase and accompanied by institutional recognition of professionalization, is only reserved for base personnel. This contradicts ILO Convention 100 on equal remuneration (1951).

The procedures of Montecinos are reminiscent of the bases awarded –in 2018– by Miguel Ángel Mancera to 10,000 cleaning workers who, in reality, were only a payroll change with a decrease in wages and loss of employment benefits, as in the case of Galenos de la Salud.

Within the framework of the arrival of the federalization of health to the CDMX, commanded by the OPD-IMSS-B during 2023, the Sedesa workers are already preparing their respective documentation, awaiting decent hiring and basifications, at the height of the president’s repeated offers Lopez Obrador. For now, they have nothing certain other than the alternative to continue on waiting lists for an informal job at Sedesa excited to be absorbed by the OPD-IMSS-B.

The picture of job insecurity that Montecinos guarantees could be accepted by health professionals in the face of scarce employment opportunities, particularly in the medical field. What Montecinos offers is a job informal that does not have the legal benefits: a lower salary by up to 40 percent compared to basic workers, without formal vacations and vacation premium, without generating seniority, uniforms, punctuality awards and food, among others. All this disguised as Health Doctors.

It should be added that Sheinbaum offered to complete the basification of health professionals once the covid-19 pandemic was over. She offer that she has reiterated until today, but has not yet materialized.

Meanwhile, this basification constitutes the most heartfelt demand of health professionals, together with formal and safer working conditions. All of which betrays the Montecinos circular.

In the National Palace and in front of President López Obrador, during the 113th Ordinary General Assembly of the IMSS (11/15/22), Zoe Robledo boasted: What is the IMSS-Bienestar Health Plan about? It is not an improvisation: the same working conditions for everyone, a single payroll for the health care workers who are now part of the state health services. It is with them and with them, never without them, never against them. And I say it here in the National Palace: your rights are protected.

shortly before ( the day9/21/22), Robledo alluded to the myth that the labor issue was a obstacle to initiate changes in medical care. And, in his opinion, it had already been proven that what was missing was the Will to change. The new scheme, the integration of the workers, he reiterated, there has been, so far no conflict.

So, is the documented job insecurity imposed by Montecinos in CDMX a myth?

Metropolitan Autonomous University-Xochimilco

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