December 1, 2020
What are the steps to take if an agency does not follow the law?
Guest blog: Servicio Nacional de Empleo (SNE)
Part II
The agencies that recruit workers for temporary jobs in other countries should confirm the seriousness of job offers, in order to safeguard the workers’ rights, certifying the truth of work conditions that employers offer related to: housing, social security and repatriation, among others.
It is the responsibility of agencies to ensure that workers have completed the corresponding paperwork and processes to secure a visa or corresponding permission to work, and to let workers know about resources and offices that exist to uphold their rights if needed.
For more information, we asked Enrique Evangelista Cortés, Director of Work Mobility at SNE:
What is the process that the SNE follows in the event that a placement agency does not follow regulations?
The SNE has the responsibility of soliciting an inspection by the Unit of Labor Dignity when it knows of a placement agency that has failed to comply with norms or regulations committed. Thus, it is important to denounce the irregularities of these agencies.
In the case that irregularities are identified and confirmed in a placement agency, the Unit of Labor Dignity begins the process of inspection and determines the sanction according to what is established in Reglamento de Agencias de Colocación de Trabajadores. The sanctions consider economic fines.
Placement Agencies are obligated to:
Offer their services with full respect, without any discriminatory conduct.
Publish real and true characteristics regarding work conditions that they are offering and communicate well with job seekers.
Facilitate transport, housing, and food for workers that have to travel more than 100km to the recruitment site, all free of charge.
Provide, in a visible place, the authorization and registry of its function to the public, as well as the fact that their services are free for workers.
Ensure that their staff does not carry out any acts of sexual harassment or discriminatory acts against job seekers.
What are the process and the timeline that the STPS follows to perform a labor inspection like?
In the case that a placement agency does not follow regulations, it will be necessary to contact the Secretaría de Trabajo y Previsión Social via email, this will solicit the Dirección General de Inspección Federal del Trabajo, through the Unit of Labor Dignity, to carry out inspection and sanction visits.
Does the SNE offer accompaniment to workers when they denounce the irregularities of a placement agency?
When irregularities are identified and confirmed within a placement agency, the Unit of Labor Dignity will be channelled so that, according to its faculties, the process of necessary investigations begins.
From the SNE, we recommend doubting the truth of job openings that circulate on social media and recommend consulting the service channel that the SNE provides to verify the truth of a job opening.
The SNE makes available to all job seekers the possibility of counseling and consulting about the authenticity of job offers abroad, and for this you can personally reach out to the SNE office closet to your home or send an email to: [email protected]