Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the information supplied in the Government’s report and the observations of the Confederation of Industrial Chambers of the United Mexican States (CONCAMIN) indicating, inter alia, that in cooperation with the Secretariat of Labour and Social Welfare, it is drafting new regulations on employment agencies, one of the aims being to update the licensing system. The Committee hopes that the Government’s next report will contain information on the adoption of the new regulations so that it may ascertain the progress made on the following issues.

2. Article 10(b) of the Convention. In reply to the Committee’s previous comments, the Government indicates that employment agencies are required to obtain a licence in order to operate. Since no period of validity seems to have been set for the licence, the Committee reminds the Government that these agencies must be in possession of a yearly licence, renewable at the discretion of the competent authority. It draws the Government’s attention to the fact that the requirement established pursuant to Article 10(a) that every employment agency shall be subject to inspection by the labour inspectorate once every six months, does not appear to meet fully the requirement set in Article 10(b). The Committee requests the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention.

3. Part V of the report form. The Committee notes the information on the organization and types of supervision conducted by the Mexican Labour Inspectorate. It would be grateful if the Government would provide information on the number of inspections conducted in employment agencies, the infringements reported and the penalties applied. Please provide all other such information as will allow the Committee to ascertain how the Convention is applied in practice.