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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Part III of the Convention. Article 10(b). Regulation of fee-charging employment agencies. Yearly licence. In reply to the previous direct request, the Government indicates that by means of the Decree dated 21 May 2014, various provisions of the Employment Agency Regulations (RACT) were amended, added and repealed. The Government emphasizes, in particular, that an amendment was made to section 27(2) of the RACT, which now requires fee-charging employment agencies conducted with a view to profit to submit a request to renew the validity of their authorization and registration. The Committee notes that this amendment to the RACT maintains the five-year validity period for the authorization and registration of fee-charging employment agencies conducted with a view to profit, instead of establishing the yearly renewal of their licence, as required by Article 10(b) of the Convention. The Committee also notes the observations of the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN) attached to the Government’s report, which considers that the current regulations should remain in force, as reducing the period for renewing licences would only create unnecessary costs and administration, which would not make them more effective. The Committee once again recalls that in order to give effect to Article 10(b) of the Convention, the licences issued to fee-charging employment agencies conducted with a view to profit must be renewed on a yearly basis. The Committee refers once again to the Private Employment Agencies Convention, 1997 (No. 181), which introduces greater flexibility and recognizes the role of fee-charging employment agencies conducted with a view to profit in the operation of the labour market. The ILO Governing Body has invited member States, for which Convention No. 96 is still in force, to contemplate the possibility of ratifying Convention No. 181, which would involve the immediate denunciation of Convention No. 96 (GB.273/LILS/4(Rev.1), November 1998). The Committee invites the Government to examine, with the social partners, the possibility of ratifying Convention No. 181.

Article 10(d). Placement and recruitment of workers abroad. The Government reports that, the Decree dated 21 May 2014 amended the wording of section 12 of the RACT, which currently provides that the Ministry of Labour and Social Welfare (STPS) shall inform the Ministry of the Interior every six months of the authorizations and registrations issued for private employment agencies that place Mexican workers abroad. Moreover, several requirements for employment agencies that place Mexican migrant workers abroad were incorporated into section 9bis of the RACT. The Committee notes that the RACT also incorporates the new provisions included in the Federal Labour Act, as amended in November 2012, which allow for closer monitoring of migrant worker recruitment agencies and a more rigorous enforcement of legal provisions to guarantee the rights of workers. The Committee invites the Government to continue providing information on the impact of the legislative changes on the operation and monitoring of private employment agencies that place Mexican workers abroad.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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.

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

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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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).

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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.