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

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

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.