Workers Regulation Of Placement Agencies

Original Language Title: Reglamento de Agencias de Colocación de Trabajadores

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WORKER PLACEMENT AGENCIES REGULATION

Published DOF March 3, 2006

Last Reform 21 May 2005

CHAPTER I GENERAL PROVISIONS

Article 1. This Regulation is intended to normalize the provision of the placement service for workers. Its provisions are of public order and social interest and will govern throughout the national territory.

In the acts, procedures and resolutions referred to in this Regulation, the provisions of the Federal Law of Administrative Procedure shall be addressed, as appropriate.

Article 2. For the purposes of this Regulation, the following definitions are:

I. Agency for the placement of workers for profit: The natural or moral persons of private law, dedicated to providing the service of placement of workers and who obtain for it an economic remuneration.

II. Private and official agencies for the placement of non-profit-making workers: All natural or moral persons, dependents or official bodies providing the service for the placement of workers,  without thereby obtaining an economic remuneration;

III. Law: Federal Labor Law;

IV. Secretariat: The Secretary of Labor and Social Welfare;

V. Workers ' placement service: Any action whose main object is recruitment and selection of staff, as well as the registration and location of vacancies, in order to link (a) a job applicant with or with an employer, and

VI. National Employment Service: The administrative unit of the Secretariat of Labor and Social Welfare and the administrative units of the governments of the Federal and District Entities Federal, to provide the service of placement of workers, in terms of Articles 538, 539, fraction II, 539-D, 539-E and 539-F of the Law.

Article 3. The offices of the National Employment Service shall not be considered as a worker placement agency for the purposes of this Regulation.

Article 4. For the operation of the for-profit posting agencies, approval and registration of the operation must be obtained in advance, according to the provisions of this Regulation.

Official and private agencies for the placement of non-profit workers should only inform the Secretariat about their constitution and start of operation, for the purpose of registration and control, as well as for the coordination of the actions in the field, as provided for in this Regulation.

Article 5. The provision of the worker placement service will be free of charge for these in all cases. It is prohibited to charge any amount for any reason or concept to job seekers.

Article 6. Workers ' placement service providers may not make distinctions on the basis of ethnic or national origin, gender, age, disability, social status, health conditions, pregnancy, religion, immigration status, opinions, sexual preferences, marital status or any other condition which may be the subject of discrimination, which is intended to prevent or cancel the recognition or exercise of human rights and the real equality of opportunities for women people.

distinctions based on skills or expertise, where necessary to perform a given activity, shall not be considered discriminatory.

Article 7. For-profit posting agencies that develop binding actions to place workers in and out of the territory national, shall be subject to the provisions of this Regulation.

Article 8. Workers ' placement agencies will be able to establish branches. For control purposes, they shall submit a notice to the Secretariat within 15 days of the date of commencement of the operations of the branches.

The registration of branches shall proceed when the requirements referred to in Chapters III and IV of this Regulation are met, as appropriate.

Article 9. Workers placement agencies will be required to:

I. Provide their services with full respect for the human dignity of workers applying for employment, without incurring discriminatory conduct; as well as participating in the integration of a national employment system;

II. Providing quarterly information regarding their participation in the national labor market, or the placement of Mexican workers for specific employment on the outside, by means of the forms of statistical recording which the Secretariat is issued by the Secretariat. Such information shall be submitted to the Secretariat within the first five days of the months of January, April, July and October, as appropriate.

Failure to comply with this obligation, in addition to the sanction referred to in Article 33 of this Regulation, will result in the agency for the placement of workers being inspected in a manner extraordinary;

III. To be truthful in their advertising and to report widely to job seekers regarding the vacancies that are offered, specifying the characteristics and conditions of the employment, which shall refer exclusively to the skills or expertise to perform a given activity;

IV. Indicate in advertising your name or social reason, address, telephone, and the number of authorization and registration of operation;

V. Give written notice to the Secretariat within 30 days of:

a) The address change of the array or branches;

b) The temporary suspension of activities, or

c) The final closure of the agency or branches.

VI. Adopt the driving measures for transport, accommodation and food for the transfer of workers to work in workplaces that are find a distance of more than 100 kilometres from their usual residence, be duly provided at no cost to them;

VI Bis. Place the authorization and registration of operation in a visible place for the public, as well as the legend that its services are free for the workers;

VII. Allow labour authorities to inspect and monitor their establishments for the purpose of verifying compliance with the provisions applicable to the service of placement of workers, providing the information that is required for this purpose, and

VIII. To monitor that your staff refrain from engaging in sexual harassment, as well as discriminatory behavior in tort of job seekers.

The fulfilment of the obligations referred to in fractions II and V of this article may be carried out through electronic means, for which the interested parties they must enter the Secretariat's website.

The Secretariat shall make copies of the information referred to in the preceding paragraph to the Office of the National Employment Service.

Article 9 Bis. In addition to the obligations referred to in the previous article, the agencies for placing workers participating in the recruitment and selection of Mexican workers for a particular job abroad for a given duration shall be required to observe the following:

I. Constantly the seriousness and solvency of the applicant employer, through the relevant information controls, in order to safeguard the rights of workers;

II. Adopt the appropriate measures to ensure the veracity of the general working conditions offered to applicants regarding housing, social security and repatriation, to that the workers will be subject;

III. Constantly that the applicants have completed the formalities for the issuance of a visa or work permit by the consular or immigration authority of the country where the service will be provided;

IV. Inform workers about the right to request consular protection and the location of the Mexican Embassy or Consulates in the country concerned, in addition to the competent authorities who may seek to assert their rights in the country of destination, as well as the general conditions of life and work to which they shall be subject, and

V. Ensure and, where appropriate, cover the costs of repatriation of those workers who have been breached the working conditions offered.

For the purposes of the V-fraction, workers ' placement agencies shall be required to provide security or deposit to guarantee and to cover the corresponding repatriation costs.

Article 10. Workers ' placement agencies are prohibited:

I. Make any recovery to job-seeking workers, whether in money, services or species, in direct or indirect form, including dissemination and propaganda of their job applications, the cost of training or training courses or any other similar concept;

II. Convening directly or indirectly with the employers to whom they provide the service, that their fees be partially or totally discounted from the salary of the workers placed;

II Bis. Retain the personal documents of the job-seeking workers;

II Ter. Manage by itself, or through intermediaries, the carrying out of formalities linked to the issuing of passports, visas or work permits that are required by the workers applying for employment;

III. Offer a job that is not decent or decent, or that does not have the substantive or factual equality of workers in front of the employer; a non-existent vacancy; or false employment conditions and, in general, any act or omission constituting a deception for the applicant, and

IV. To charge employers for the provision of the service, in the case of non-profit posting agencies, except for the fee to be approved in terms of of this Regulation, which is intended to recover the agency's administrative costs.

Article 11. Workers ' placement agencies have the right to request service users, information and documentation regarding their capabilities and knowledge necessary to manage the placement or advertise the offer or demand for employment. For such purposes, they should observe, without exception, the protection of personal data and ensure the privacy notice in terms of applicable laws.

Workers ' placement agencies will be responsible for the improper use of the information and documentation provided by the users.

Article 12. The Secretariat will report twice a month to the Secretariat of the Interior of the authorizations and records that will issue to those private agencies that are dedicated to the placement of Mexican workers abroad.

Article 13. It is up to the Secretariat to monitor, within the scope of its competence, that in the recruitment of nationals to work outside the country, compliance with the provisions contained in section XXVI of Section "A" of Article 123 of the Political Constitution of the United Mexican States, in Articles 28, 28-A, 28-B and 29 of the Law and other applicable provisions.

In any event, the competent authorities shall ensure that the agreed working conditions are equal to or greater than the minimum requirements laid down in the legislation of the country concerned for the the rights agreed in subsequent contracts are not lower than those established in previous contracts.

Article 14. Natural or moral persons using mass media whose main object is the recruitment and selection of persons, with or without profit, to be carried out individually or collectively, as well as the location of vacancies to be carried out in favour of a third party, for the purpose of working with employers or employees with employers, whatever their modality, the provisions of this Regulation apply to them.

For the purposes of this article, newspapers, magazines, bulletins, leaflets, flyers, radio, television, electronic media and others are considered as mass media. analogues.

The recruitment of staff made by employers directly, making use of advertisements through any means of communication, will not be considered as providing services of placement for the purposes of this Regulation.

Article 15. The placement agencies of workers who edit or use for their purposes the means of dissemination mentioned in the preceding article shall indicate in those means the the respective registration number to operate as such.

Article 16. The Secretariat shall publish in the Official Journal of the Federation the respective Agreement to make known the requirements and formats of the formalities resulting from the present Regulation.

CHAPTER II OF THE AUTHORITIES REGARDING THE PLACEMENT OF WORKERS

Article 17. The application of the provisions of this Regulation is the responsibility of the Secretariat.

The Secretariat will be assisted by the state labor authorities, in the field of their respective competences, for the performance of the powers that the Law and this Regulation establish in the field of placement of workers.

For such purposes, the Secretariat may conclude coordination agreements with the state labor authorities, which will serve as an aid to the Federal Delegations of Labor, as a window for the receipt of documents for the purpose of carrying out the verification and collation of the information submitted by the data subjects.

The requests and the documents they receive will be sent to the Secretariat for their attention and dispatch, in the intelligence that the deadlines with which the Secretariat counts to answer the requests will begin to run from the receipt of the respective documentation.

The Secretariat may ask the competent authorities for the information necessary to verify the authenticity of the documents submitted by the applicants.

Article 18. The Secretariat may conclude agreements with the Governments of the States and the Federal District to establish coordination, assistance and unification of procedures that allow for proper surveillance and compliance with the legal provisions on the service of placement of workers.

In these instruments, the design and implementation of permanent campaigns should be foreseen to disseminate and report on the main rights and obligations related to the service of placement of workers.

Article 19. The Secretariat will have the following powers:

I. Coordinate worker placement actions and establish collaboration and complementation mechanisms between public and private agents performing such activity;

II. Authorizing and registering the operation of for-profit posting agencies and keeping records of those who do not have such purposes;

III. Approve the fees of the posting agencies for profit, as well as the recovery fees for administrative expenses incurred for the provision of the service, to agencies for the placement of non-profit-making workers;

IV. To monitor that the workers ' placement agencies comply with the provisions governing the placement of workers. Surveillance shall be carried out through the Federal Labour Inspectorate, which shall be assisted by the local authorities in the terms of the applicable provisions;

V. Require the workers ' placement agencies for information about the job market captured by them, and

VI. The others that you attribute to the Act, this Regulation, and other applicable legal provisions.

CHAPTER III OF OFFICIAL AND PRIVATE AGENCIES FOR THE PLACEMENT OF NON-PROFIT WORKERS

Article 20. For the purposes of registration and control, the official and private agencies for the placement of non-profit-making workers shall submit notice to the Secretariat in respect of their constitution and start of operation, within 15 working days of the start of operations, by means of the format to be issued by the Secretariat.

Dealing with moral persons, the notice must be accompanied by the original or certified copy of the legal instrument in which its constitution is recorded and the record of registration in the Federal Taxpayer Register, as well as photostatic copies of such documents for collation and certification.

In the case of natural persons, the original of the record of registration in the Federal Register of Contributors and a copy of it for its collation and certification must be accompanied.

In the above cases, official identification must also be accompanied in original and copy for its collation and certification and for the case of the moral people will be the identification of the legal representative, as well as a copy of the legal instrument with which you credit your personality.

Article 21. Private agencies for the placement of non-profit workers who intend to establish a recovery fee to cover the administrative costs incurred for the provision of the service, they shall request the Secretariat to approve the respective quota in the format that the effect issues.

Recovery fees will not be considered as economic rewards for the purposes of this Regulation.

In any case, the recovery fee shall not exceed the equivalent of the amount of ten times the general minimum wage in force at the place where the agency is located, for each  Worker placed.

Article 22. Private non-profit posting agencies, which intend to become lucrative agencies, must apply for authorization and registration of operation, as well as the approval of the respective tariff, in the terms of the provisions of the following Chapter.

CHAPTER IV OF PRIVATE LAW ENFORCEMENT AGENCIES

Article 23. The authorization and registration of the agencies for the placement of workers for profit, as well as the approval of their fees, must be requested through the Presentation of the format issued by the Secretariat.

For such purposes, stakeholders must provide and present the following information and documentation:

I. Name, name or social reason of the applicant. In the case of moral persons, they must accompany the original or certified copy of the constitutive act and, of their reforms, in the cases of change of object or social denomination, and of the instrument by which the legal personality is established and official identification of his representative, as well as photostatic copies of such documents for collation and certification;

II. Home proof;

III. Original and copy for collation of the evidence of registration in the Federal Register of Taxpayers;

IV. Patron registration with the Mexican Social Security Institute, if any;

V. The rate that you intend to charge;

VI. The model contract to be used in the provision of its services, which must inform the applicants of employment and contain a paragraph to describe the nature of the work, service or special services which, in its case, develop the worker, and

VII. For the case of the workers ' placement agencies referred to in Article 9 Bis of this Regulation, security deposit or deposit in the amount determined by the Secretariat, in order to guarantee and, where applicable, the costs of repatriation, correspond to those workers who have been in breach of the working conditions offered. For the purposes of this fraction, the Secretariat shall issue the Guidelines containing the criteria for the determination of the deposit or deposit.

Article 24. The Secretariat, within 15 working days of receipt of the request, shall decide on the authorisation and registration of the operation and, where appropriate, approve the corresponding fee.

The resolutions issued by the Secretariat shall be sent to the offices of the National Employment Service, as appropriate to the address of the applicant.

Article 25. When the application does not comply with the requirements referred to in Article 23, the Secretariat shall prevent the applicant from addressing the deficiencies identified. In any event, prevention shall be carried out within five working days of receipt of the application. The applicant shall remedy the omissions within a period of five working days from the working day following that of the notification of the same or, otherwise, the application shall not be filed.

Article 26. Repeals.

Article 27. The authorization and operation registration of the for-profit posting agencies will be valid for five years.

Interested parties may request the extension of the validity of the authorisation and the registration of the operation, at least 15 working days in advance of the date on which the authorisation is concluded. Respective validity. The application shall be submitted in the format to be issued by the Secretariat for that purpose.

Article 28. For-profit placement agencies that require modification of their fee, they must submit their application through the formats that the Secretariat issues for that purpose, at least five working days in advance of the date on which the new tariff is to be made effective.

Within three working days following the filing of the application, the Secretariat will proceed to update the new fee amount in its records.

Article 29. Repeals.

CHAPTER V OF SURVEILLANCE, INSPECTION AND ADMINISTRATIVE SANCTIONS

Article 30. The Secretariat, through the Federal Labour Inspectorate, will be responsible for monitoring compliance with the constitutional provisions, the Law, its regulations and other provisions. applicable in the field of placement of workers, which shall be assisted by the authorities of the Federal District and Federal District work, in terms of the applicable provisions.

Workers ' placement agencies will be inspected within thirty calendar days following the date of their registration with the Secretariat. The inspection programmes shall provide for the planning, organisation and corresponding calendarisation, in order to maintain a permanent advisory and monitoring of the obligations of the agencies.

When the failure to comply with legal provisions relating to the placement of workers is detected, the application and supervision of which is responsible for other dependencies of the Federal Public Administration, shall notify you within five working days of the date of inspection, by sending a copy of the corresponding record for legal effects.

Article 30 Bis. Where the possible commission of a crime is detected on the basis of the powers of surveillance and inspection, the authorities of the work shall report facts to the competent Public Ministry.

Article 31. The inspection function on placement of workers shall be performed in the terms established by the Law, its applicable regulations and the Federal Law of Procedure. Administrative.

According to the approval and registration constances in the files, the inspection orders must specify whether it is an agency with or without a profit and, if necessary, if it sends Mexican workers abroad, to the effect that the inspector applies the corresponding protocol.

The absence of information or registration with the Secretariat will make it presumed that it is an agency for the placement of workers for profit, unless it proves otherwise.

Article 32. Violations of the provisions governing the placement of workers will be administratively sanctioned by the Secretariat, compliance with the provisions of Articles 992, second paragraph and 1002 of the Law, without prejudice to the penalties to be imposed by other authorities in accordance with applicable laws and regulations.

Article 33. Violations of the provisions governing the placement of workers shall be punished in the following terms:

I. Multa:

a) From 50 to 1500 times the general minimum wage, to the placement agencies of workers who violate the provisions of Articles 8, 9, fractions II, IV and V, 10, fraction II Bis, 11, 15 and 20 of this Regulation;

b) From 50 to 3300 times the general minimum wage, to the placement agencies of workers who violate the provisions contained in Articles 10, fraction IV, 21, first paragraph and 28 of this Regulation;

c) From 50 to 5000 times the general minimum wage, to placement agencies that violate the provisions contained in Articles 4, first paragraph, 5, 6, 9, fractions I, III, VI, VI Bis and VIII, 9 Bis, fractions I, II, III, IV and V, 10, fractions I, II, II Ter and III, and 22 of this Regulation, and

d) From 250 to 5000 times the general minimum wage, to the placement agencies of workers who do not allow the inspection and surveillance of their establishments, for the purpose of verifying compliance with the Law, this Regulation and other applicable legal provisions, providing the information that is required for this purpose.

II. Temporary suspension of the placement agency's operating authorization, and

III. Revocation of the corresponding operating authorization and the cancellation of the record.

Article 34. If any of the fines referred to in section I of the previous article are applied, the placement agency, within two years, reaffects the In breach of the provisions governing the placement of workers contained in Articles 5, 6, 9, fractions I, III, VII and VIII, and 10, fractions I, II and III of this Regulation, the temporary suspension penalty shall apply. of the authorization, which may be between 5 and 30 days.

Article 35. If the penalty referred to in the previous article is applied, a new infringement is detected on the provisions governing the placement service. workers, the authorisation to operate shall be revoked and the registration of the workers ' placement agencies shall be cancelled.

Article 35 Bis. Any non-compliance with the provisions of Article 28-B of the Act shall be deemed to be a serious infringement.

CHAPTER VI OF THE REVIEW FACILITY

Article 36. Against resolutions that deny the authorization and registration of the placement agencies, the approval of the fee, as well as the terminate the administrative sanctioning procedure, proceed with the interposition of the review facility before the Secretariat, in the form and terms provided for by the Federal Law of Administrative Procedure.

TRANSIENT

FIRST. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the Federation.

SECOND. The Workers ' Placement Agencies Regulation is repealed, published in the Official Journal of the Federation on 23 November 1982.

THIRD. Within 15 days of the entry into force of this Regulation, the Secretariat of Labor and Social Security shall publish in the Journal Official of the Federation, the Agreement referred to in Article 16 of this Order.

FOURTH. Workers ' placement agencies that are operating at the date of entry into force of this Regulation, must complete the procedures for the purposes of registration and control referred to in this order, within a period not greater than three months from the date on which the Secretariat of Labor and Social Security of a knowledge of the requirements and formats of the procedures applicable.

Given at the Federal Executive Branch, in Mexico City, Mexico City, at the twenty-eight day of the month of February, two thousand six.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Carlos Maria Abascal Carranza.-Heading.-The Secretary of Labor and Social Welfare, Francisco Javier Salazar Saenz.-Heading.-The Foreign Secretary, Luis Ernesto Derbez Bautista.-Heading.-The Secretary of Economy, Sergio Alejandro Garcia de Alba Zepeda.-Heading.