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

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

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.