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

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

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.