National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Article 10, subparagraph (b), of the Convention. The Committee notes the Government’s report received in September 2009, which includes an observation from the Workers’ Confederation of the Republic of Mexico (CTM). The Government refers to the provisions of the Employment Agency Regulations (RACT) and an Agreement by which the operational modalities and the Respective Procedures for Carrying Out Administrative Acts, published in March 2006, which are referred by the RACT. The Committee observes that section 27 of the RACT maintains a period of validity of five years for the authorization and registration of the operation of fee-charging employment agencies conducted with a view to profit. Referring to the comments which it has been making since its examination of the first report on the application of the Convention, the Committee reminds the Government that, in order to give effect to Article 10(b) of the Convention, the renewal of the yearly license of fee-charging employment agencies conducted with a view to profit, is required. In this regard, the Committee refers to the adoption of the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the role of private employment agencies in the working of the labour market. Moreover, the ILO Governing Body invited the States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which would, ipso jure, involve the immediate denunciation of Convention No. 96 (GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998).
Article 10, subparagraph (d), of the Convention. The Committee notes that section 12 of the RACT establishes a special scheme for agencies involved in collective contracting in relation to Mexican migrant workers. The Committee requests the Government to supply information in its next report on the application of the new scheme for agencies involved in the recruitment of migrant workers.
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.
1. Article 10, paragraph (b), of the Convention. In reply to the Committee’s previous comments, the Government states in its report that the Ministry of Labour and Social Welfare and the competent authority of the federal body are in the process of registering and issuing operating permits to employment agencies. The Government explains that as the duration of such permits are not being specified in the regulations on workers’ employment agencies, it is inferred that their duration is indefinite. The Committee refers to the abovementioned provision of the Convention - which requires private employment agencies conducted with a view to profit to be subject to a yearly licence renewable at the discretion of the competent authority - and would be grateful if in its next report the Government would indicate how enforcement of this provision is ensured.
2. The Committee notes the observation from the Confederation of Industrial Chambers (CONCAMIN) to the effect that compliance with obligations and the proper operation of employment agencies is monitored by the labour inspectorate and the labour authority, which is empowered to suspend temporarily or revoke the permit of any agency failing to comply with obligations or prohibitions, upon completion of the applicable statutory procedure.
3. The Committee trusts that in its next report the Government will also provide information on how the Convention is applied in practice, including extracts of inspection reports, particulars of the number and nature of infringements reported and any other information relevant to the practical application of the Convention (Part V of the report form).
With reference to its previous requests, the Committee notes that the Government indicates in its report that the preliminary draft of the regulations on employment agencies, whether they are conducted with a view to profit or not, provides that they shall be subject to authorization and registration. The Committee trusts the Government will make every effort to ensure adoption of these new regulations in the near future, so as to give full effect to the Convention and in particular to Article 10(b) thereof.
[The Government is asked to report in detail in 2001.]
1. With reference to its previous comments, the Committee notes the Government's report. The Government states that the preliminary draft of the regulations on the activities of private employment agencies is being prepared with the objective of overcoming the shortcomings of the previous regulations and adopting an instrument that is appropriate to the situation of the opening up and modernization of the Mexican economy. For the preparation of the preliminary draft text, consultations were held and opinions sought from the General Directorate of Legal Affairs, ILO experts and the association of private employment agencies.
2. The Committee also notes the observations made by the Confederation of Industrial Chambers (CONCAMIN) in which it states that profit-making fee-paying employment agencies have been operating in a successful, organized and satisfactory manner and have been providing skilled personnel to various enterprises, particularly with regard to middle management and executive personnel.
3. Article 10, subparagraph (b), of the Convention. The Government intends to indicate in the near future the manner in which it proposes to give effect to this provision, so that private employment agencies conducted with a view to profit are subject to a yearly licence renewable at the discretion of the competent authority. The Committee trusts that the Government's next report will contain this information.
4. Part V of the report form. The Committee trusts that in its next report the Government will be in a position to provide the practical information required by this part of the report form, as well as on the progress made in the drafting of the regulations referred to in point 1 of this direct request.
Part III of the Convention. The Committee takes note with interest of the first Government's report on the application of the Convention. It notes, in particular, that a new draft regulation respecting the activities of private agencies operating on the employment market is now being developed in the Department of Labour and Social Welfare. The Committee would be grateful if the Government would supply a copy of the new regulations as soon as they are adopted. It also asks the Government to provide, in its next report, additional information on the following points:
Article 10, subparagraph (b), of the Convention. The Committee notes the provisions of section 539-F of the Federal Labour Act and sections 12 to 14 of the Employment Agencies Regulations of 1982, according to which private employment agencies conducted with a view to profit are subject to the authorization issued by the General Directorate of Employment of the Department of Labour and Social Welfare. Please indicate how effect is given or is proposed to be given to this provision of the Convention, according to which fee-charging employment agencies conducted with a view to profit "shall be required to be in a possession of a yearly licence renewable at the discretion of the competent authority".
Point V of the report form. Please supply information regarding the number and nature of the contraventions reported, as soon as such information becomes available, as well as any other particulars bearing on the practical application of the Convention.