Labor Outsourcing Reform
On April 24, the decree was published in the Official Gazette of the Federation (DOF), which considered the disappearance of the generalized outsourcing and only the specialized one will be allowed. The decree came into force as of its publication with the exception of the reforms made to the Federal Tax Code (CFF), the Income Tax Law, the VAT Law, which will come into force on August 1, 2021. The publication considered modifications to a total of 8 laws listed below:
This reform contemplates that “outsourcing” can only be implemented in specialized services, which are not part of the corporate purpose or preponderant activity of the beneficiary company of those services, as long as the service provider is registered in a registry that will be implemented by the Ministry of Labor and Social Welfare. Like the distribution of profits, workers will have a maximum limit of three months of the worker’s salary or the average of the participation received in the last three years.
Among the main points contemplated by the reform, the following are particularly relevant:
- PROHIBITION of the subcontracting of personnel, including by insourcing schemes.
- AUTHORIZATION to subcontract specialized services and works that are not part of its corporate purpose or predominant economic activity.
- EXCEPTION for specialized outsourcing services to be provided between companies of the same group, as long as these services are not part of the corporate purpose or the predominant activity of the company that receives them.
- TRANSITION. The companies that provide outsourcing services and those that hire them will have a maximum time of three months (90 calendar days) after the reform has been published, for the provider companies to dispose of the personnel hired under the outsourcing and Contracting clients transfer subcontracted personnel to their payrolls, carrying out employer substitution to fully recognize the staff’s seniority period.
- THE PERSONNEL CONTRACTING AGENCIES may only carry out personnel selection, recruitment and training activities, and may no longer be employers of the placed personnel.
- REGISTRATION, Once the reform is published, the authorities must publish those who provide the subcontracting service must register and form part of a STPS registry; the registration will be renewed every three years. The agency will have thirty days after the reform is published to issue the corresponding rules.
- SOLIDARITY EMPLOYEE reaffirms that companies that subcontract services or works will be jointly liable for non-compliance with the direct employer.
- STPS NOTICE. Those who provide outsourcing services must communicate quarterly, within the first 15 days of the months of January, April, July and October, the contracts entered into in the quarter in question. Object; period of validity; List of workers that will be made available to the beneficiary of the contracted services or jobs, name, CURP, social security number and base contribution salary, as well as name and federal taxpayer registry of the beneficiary of the services for each of the contracts, as well as a simple copy of the authorization issued by the Ministry of Labor and Social Welfare for the provision of specialized services or the execution of specialized works.
- FINES. Companies that do not allow the inspection will be fined $ 22,405.00 to $ 448,100.00; those who carry out subcontracting without being registered in the registry, will apply a fine of $ 179,240.00 and up to $ 4’481,000.00; and those who do not submit quarterly reports or do so out of time will be subject to a fine ranging from $ 44,810.00 to $ 179,240.00.
- DISTRIBUTION OF PROFITS: The distribution of profits will have as a maximum limit the equivalent of three months of salary or the average received in the last three years, whichever is higher.
Regarding additional reforms to the Federal Labor Law, please find a summary of the most relevant aspects:
For more information on the subcontracting reform check the Subcontracting reform.
We hope that this information is useful to you. Any questions or comments in this regard please contact us.