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Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Mexico (RATIFICATION: 1991)

Other comments on C096

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The Committee notes the observations of the Confederation of Employers of the Mexican Republic (COPARMEX), the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN), the Autonomous Confederation of Workers and Employees of Mexico (CATEM), the International Confederation of Workers (CIT) and the Regional Confederation of Mexican Workers (CROM), as well as the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), communicated together with the Government’s reports of 2019 and 2020, respectively.

Part III of the Convention. Article 10 (b). Regulation of fee-charging employment agencies. Yearly licence. The Committee welcomes the information provided by the Government in relation to the application of the Convention. In particular, it notes the Decree published in the Official Gazette of the Federation of Mexico on 1 May 2019, amending section 1004-C of the Federal Labour Law to provide for the imposition of fines ranging from 22,000 to 42,225 pesos on whoever subcontracts workers in a fraudulent manner. Responding to the Committee’s previous comments, the Government indicates that the Employment Agency Regulations of 2006 (RACT) maintain the five-year validity period set out in section 27 of the RACT for the authorization and registration of fee-charging employment agencies conducted with a view to profit, instead of requiring agencies to renew their license and registration on an annual basis, as required by Article 10(b) of the Convention. The Committee notes that, in addition to providing for the five-year validity period, section 27 of the RACT also permits fee-charging agencies to request an extension of this period. In this context, the Government expresses the view that, the 2019 amendment to section 1004-C of the Federal Labour Law ensures the protection of jobseekers by urging fee-charging employment agencies to comply with their obligations and respect labour rights. In response to the Committee’s previous comments, the Government reports that employers’ and workers’ organizations were consulted in relation to the possibility of ratifying the Private Employment Agencies Convention, 1997 (No. 181). The Committee notes the observations of the CROM, transmitted together with the Government’s 2019 report, in which it expresses the view that it is necessary to ratify Convention No. 181 to, among other things, eliminate disguised employment through measures that promote formality, protect decent work and guarantee job stability. The Committee further notes the observations of the CAT communicated in the Government’s 2020 report, in which it indicates that the Employment Agencies Regulation of 1982, which provided the basis for the implementation of the Convention, was superseded by the current RACT of 2006, and that this Regulation, together with its amendment of 21 May 2014, paves the way for consideration of ratification of Convention No. 181. Moreover, the CAT points out that Convention No. 96 is considered to be an outdated instrument, which was revised by the adoption of Convention No. 181. The Committee requests the Government to provide detailed updated information on the implementation of amended section 1004-C of the Federal Labour Law and its impact on the fraudulent use of subcontracting arrangements by private employment agencies with a view to profit. In addition, the Committee requests the Government to continue to provide information on any developments in relation to the possible ratification of Convention No. 181, as the most up-to-date instrument in the area of regulation of private employment agencies, including temporary work agencies.

Article 10 (d). Placement and recruitment of workers abroad. The Government reports that the Agreement on Operational Guidelines for the carrying out of administrative procedures provided for in the RACT was published in the Official Gazette on 20 March 2015. Section 6 of the Guidelines establishes certain requirements for employment agencies with a view to profit that place Mexican workers abroad, including provision of a model contract specifying that their services are free of charge to the worker, a deposit guaranteeing the cost of the workers’ repatriation, and requiring such agencies to report to the Ministry of Labour and Social Welfare (STPS) on a quarterly basis with respect to workers placed in employment abroad. The Committee notes the Government’s indication that, as of June 2019, 354 employment agencies were registered in the database of the Central Registry of Employment Agencies of the STPS. Of these, eight employment agencies placed Mexican workers in employment abroad, with seven out of the eight being private employment agencies with a view to profit. The Committee invites the Government to continue to provide updated information on the nature and impact of the legislative changes to the operation and regulation of private employment agencies that place Mexican workers abroad.

Application of the Convention. The Committee notes the information provided by the Government, derived from the National Occupation and Employment Survey (ENOE), indicating that, in 2018, 189,685 workers obtained their employment through a placement agency. The Government reports that, from 1 June 2014 to 31 May 2019, 1,212 inspections of employment agencies were carried out at the national level. In its observations, transmitted together with the Government’s 2020 report, the CAT recommends that, in addition to providing information regarding the number of inspections conducted, additional information should be provided, if applicable, including information on the situation of the employment agencies with respect to the technical measures issued, the measures of immediate application and any violations of the regulations, as well as the sanctions, if any, applied for non-compliance with such regulations. The Committee requests the Government to continue to provide updated detailed information on the manner in which the Convention is applied, including statistical data on the number of inspections conducted of employment agencies during the reporting period, the number and type of violations identified, and the sanctions imposed, if any. The Government is also requested to provide updated information, including statistical data disaggregated by sex and age, on the number of workers placed in employment by employment agencies conducted with a view to profit.