2020 – 3 Labor

Publication of the general provisions for the registration of specialized providers

On May 24, 2021, one month after the entry into force of the outsourcing reform, the Agreement by which are established the general provisions for the registration of individuals or legal entities that provide specialized services or perform specialized works referred to in Article 15 of the Federal Labor Law was published in the Official Gazette of the Federation.

The purpose of said agreement is to establish the guidelines for the registration of individuals or legal entities that perform specialized services or specialized works and that provide or make available their own workers for the benefit of another to perform such services or works.

This registration will also be mandatory for companies that provide services or works of a complementary or shared nature within the same business group, in the terms of Article 13 of the Federal Labor Law.

The agreement contemplates the general rules regarding the registration of specialized suppliers in the corresponding public registry, as well as the procedure to carry out such registration, and finally, the procedure to be followed in case of a negative response from the authority, cancellation, and renewal of the registration.

Additionally, the agreement provides a more detailed definition of the services that qualify as specialized:

"VII. Specialized services or works: are those that gather distinctive elements or factors of the activity performed by the contractor, which are supported, among others, by training, certifications, permits, or licenses that regulate the activity, equipment, technology, assets, machinery, risk level, average salary range and experience, which provide added value to the beneficiary."

Individuals or legal entities that, in accordance with the provisions of Article 13 of the Federal Labor Law and the aforementioned definition, provide services or execute specialized works must apply for registration on the platform http://repse.stps.gob.mx and must provide, among others, the following information:  (i) Electronic signature in force; (ii) Name, denomination or corporate name in case of being a legal entity; or paternal and maternal surname and name(s) in case of being an individual; (iii) Commercial name; (iv) Federal Entity; (v) Federal Taxpayer Registry; (vi) Address; and any other information requested on the same page.

Companies requesting registration in the registry must, among others, be up to date with their tax and social security obligations and must precisely establish the service they wish to provide or the type of work they wish to perform, and, for each of said activities, must certify under penalty of perjury the specialized nature of the same.

Once the requested documents are submitted, the Ministry of Labor and Social Welfare must issue a decision within a term of no more than 20 business days. Such registration will be valid for three years.

This agreement will become effective the following day of its publication in the Official Gazette of the Federation.

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Mexico City

   May 2021

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