It is urgent to define which services will be outsourcing

Note published on April 12 in Reforma, Negocios [Business] Section by Verónica Gascón.
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Note published on April 12 in El Norte, Negocios [Business] Section by Verónica Gascón.
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Note published on April 12 in Mural, Negocios [Business] Section by Verónica Gascón.
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In order to apply the reform on outsourcing, it will be fundamental to define which work activities will be considered to be specialized services, experts said.

Tasks such as security, cleaning, accounting, legal or technology could be included, as long as they are not part of the main activities of a company, they explained.

Workers performing this type of work will be known as specialized workers and must have an employment relationship with the employer subcontracting them.

This type of activities must not be confused with independent workers with whom a subordination relationship exists, explained Óscar de la Vega, labor lawyer.

“(For example) when a Law Firm provides a service autonomously, independently, it is the provision of professional services.

“But if they provide two lawyers for a company because (said company) wishes them to provide labor legal services in its offices, they would be classified as specialized services, because the lawyers are made available for service at the client’s work center”, he stated.

The Department of Labor will have to define the guidelines for specialized services and, at that time, there will be a greater clarity in regard to the type of work, added Lorenzo Roel, president of the Labor Commission of the Business Coordinating Council (CCE).

“Thousands of suppliers and activities will be considered as specialized services or works.

“The requirement is that they are not included in the company’s corporate purpose, to avoid a third party being the one performing the main activities of the company”, he explained.