On May 24, 20201, the agreement was published in the Official Gazette of the Federation (DOF) by which the provisions were made known so that natural or legal persons that provide specialized services or execute specialized works can register and appear in the Public Registry of Contractors of Specialized Services or Specialized Works referred to in article 15 of the Federal Labor Law.
This registration will also be mandatory for those companies that provide complementary or shared services in the same business group, under the terms of article 13 of the Federal Labor Law.
For these purposes, the aforementioned agreement indicates the following as Services or specialized works:
“They are those that bring together distinctive elements or factors of the activity carried out by the contractor, which are supported, among others, in the training, certifications, permits or licenses that regulate the activity, equipment, technology, assets, machinery, level of risk , average salary range and experience, which add value to the beneficiary. “
Within a period of 90 calendar days from the publication of the following provision, individuals or legal entities must access the platform http://repse.stps.gob.mx, through which they must provide the following information:
According to the document requirements necessary for this registration are:
The companies that request their registration in the register must, among others, be up to date with their obligations in fiscal and social security in front the SAT, the IMSS and the Institute of the National Fund for Workers’ Housing (INFONAVIT), as of the date the request is made.
Once the aforementioned information and documentation has been issued, the STPS through the platform will assign a folio number so that the applicant can follow up on the process. The STPS will have a period of 20 business days after receipt of the request and generation of the folio, to pronounce on the registration request.
The STPS may deny registration when any of the following cases arise:
- Failure to prove the specialized nature
- Not being up to date with tax and social security obligations and and social security obligations before the IMSS and INFONAVIT.
- Provide false information or illegible documents.
- Failure to comply with the requirements established in the Provisions
Likewise, the STPS may cancel the registration when any of the following cases occurs:
- Provide specialized services or works not registered in the Register
- Provide specialized services or works that are part of the main corporate purpose or economic activity of the beneficiary
- In case that exist debts for firm credits derived from non-compliance with tax and social security obligations against the SAT, the IMSS and the INFONAVIT
- Failure to comply with the registration requirements
- Failure to meet any information or documentation requirement that is required by the STPS.
The registration number will be valid for the next 3 years, the validity must be specified in all contracts entered into by the provider of specialized services or works. When renewing the registration, this procedure must be initiated by the contractors within a period of three months prior to the date on which the validity of their registration ends.