Note published on April 12 in El Contribuyente, Noticias [News] Section, by Agustín Gordillo.
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The ruling, through which it is intended to reform outsourcing and profit sharing, is expected to be discussed this week in the House of Representatives.
Regulation of subcontracting of specialized services
As part of the changes that are intended to be implemented, it will be sought to prohibit personnel subcontracting, but subcontracting of specialized services, which must be different from the corporate purpose and the main economic activity of the contracting company, will be allowed and regulated.
The specialized services that will be outsourcing must be defined
According to specialists consulted by Reforma, in order to apply the changes in outsourcing matters, it will be fundamental to define which work activities will be considered to be specialized services.
Experts believe that specialized services may include the following ones, as long as they are not part of the main activities of a company:
- Security.
- Cleaning.
- Accounting.
- Legal.
- Technology.
Óscar de la Vega, a labor lawyer, explained to the newspaper that this type of activities must not be confused with independent workers, with whom there is a relationship of subordination. 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 the 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.
On Monday, April 5, President Andrés Manuel López Obrador announced that an important agreement was reached among union leaders, business leaders and the government on subcontracting and profit-sharing matters.
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).
The CCE member told the newspaper that thousands of suppliers and activities will be considered as specialized services or works. But the specialist explained that 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.
– With information from Reforma.
