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Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Mexico (Ratification: 1993)

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Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Part II of the Convention and Part IV of the report form. Protection of wage claims by means of a privilege – Application in practice. Further to its previous comments, the Committee notes the information sent by the Government concerning the action taken by the Office of the Federal Defender of Workers’ Rights (PROFEDET) on behalf of workers who belong to the National Autonomous Union of Workers in the Metal, Mechanical and Allied Industries and on behalf of workers of trust, following the insolvency of the enterprise National Castings de México SA de CV.

It notes that, thanks to the proceedings it brought, PROFEDET has recovered a total of more than 126.6 million Mexican pesos (approximately US$9.6 million) for the 1,222 workers it represented. Moreover, it has been possible to relaunch the activities of National Castings de México SA de CV. The Committee also notes that during the period covered by the Government’s last report, PROFEDET has not intervened in any proceedings relevant to the application of the Convention. It further notes that the Federal Conciliation and Arbitration Committee has not heard any claims concerning matters covered by the Convention. Lastly, the Committee notes the information sent by the Government concerning inspection visits involving verification of the protection of workers’ claims in the event of the employer’s insolvency.

The Committee requests the Government continue to provide general information on the application of the Convention in practice, including information on the number of bankruptcies registered yearly and the total amount of wage claims which were settled in this context by means of statutory privilege, in particular thanks to intervention by PROFEDET. The Committee would also be grateful if the Government would indicate whether it plans to establish a wage guarantee fund to supplement the protection of workers’ claims by means of a privilege.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Part IV of the report form. The Committee notes that, between 1 January 2002 and 30 June 2007, there were 57,135 ordinary inspections relating to general conditions of work in enterprises subject to federal jurisdiction and that no infringements of the legislation were identified in the fields covered by the convention. The committee also notes with interest the information provided by the Government concerning the action taken by the Office of the Federal Defender of Workers’ Rights (PROFEDET) for the protection of workers’ wage claims. In particular, it notes that the PROFEDET intervened on behalf of 1,077 workers who are members of the National Autonomous Union of Workers in the Metal, Mechanical and Allied Industries, and that a precautionary seizure was carried out on that occasion following the insolvency of the enterprise national Castings de México SA de CV. The Committee requests the Government to provide fuller information on the amount of wage arrears that it was possible to pay the workers concerned. The Government is also requested to continue providing information on the application of the convention in practice, including information on the action undertaken by the PROFEDET for the protection of workers’ wage claims in the event of the insolvency of their employer, on the number of prosecutions initiated in this field and the number of workers concerned by such prosecutions.

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

The Committee notes the Government’s report and the information concerning the application of Articles 4 (scope of application) and 6 (minimum coverage of privilege) of the Convention. It also notes the adoption of the Insolvency Act, published in the Official Gazette on 12 May 2000, which repeals the Act on Bankruptcy and Suspension of Payments of 1943 and which extends the protection of workers’ claims in respect of wages to two years.

The Committee would be grateful to the Government for up-to-date information on the application of the Convention in practice, as required under Part IV of the report form.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee has noted the Government's first and second reports, and requests the Government to supply further information on the following points.

Article 4 of the Convention. The Committee notes the Government's indication in the report that the legislation giving effect to the Convention does not exclude any group of workers. However, the Government further states that, in cases of disappearance of a government agency ("dependencia gobernamental"), the policy is to relocate the workers. The Committee requests the Government to supply further information on the agencies covered by this policy, and any documents that show this policy. Please include any information on the protection of workers' claims in cases of disappearance of a government agency.

Article 6(a). The Committee notes that the Constitution and other relevant laws provide for the priority of wages or salaries earned "en el último año" (within the last year) and "por el último año" (for the last year). Noting that this presumably covers wages relating to at least three months prior to the insolvency as required by the Convention, the Committee requests the Government to clarify whether it refers to the 12-months period immediately preceding the bankruptcy, or the calendar year preceding the one in which the bankruptcy occurred.

Point IV of the report form. The Committee notes that the Government has supplied some statistics on the numbers of workers per sector and those covered by the Mexican social insurance system in general. It requests the Government to include information on the application in practice of the national legislation concerning bankruptcy.