The Senate prepares for the discussion on the reform on outsourcing, passes ruling to commissions

Note published on April 15 in El Economista, Empresas [Companies] Section by María del Pilar Martínez.
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The Upper House sent the ruling on labor subcontracting to the joint commissions of Labor and Social Welfare and Legislative Studies, Second, to be discussed later in the Full Session.

The Senate of the Republic announced this Thursday that it passed to commissions the memorandum on the reform on labor subcontracting matters which was approved this week in the House of Representatives.

The Upper House sent the ruling to the joint commissions of Labor and Social Welfare and Legislative Studies, Second, to be discussed later in the Full Session.

It should be recalled that on Tuesday, April 13, the plenary session of the House of Representatives approved, by majority, the amendment to various provisions of the Federal Labor Law, the Federal Social Security Law, the Law of the National Workers’ Housing Fund Institute, the Federal Tax Code, the Income Tax Law, the Value Added Tax Law, the Federal Law of Workers at the Service of the State and of the Regulatory Law on Section XIII BIS of Part B of Article 123 of the Political Constitution of the United Mexican States, in this matter.

With this, the legislative process that will allow the application of the changes that will prohibit personnel subcontracting, such as employer substitution is intended to be complied with, and it will only allow its use in case of specialization.

In this regard, Germán de la Garza de Vecchi, leading partner of Labor Services at Deloitte México, explained that with this, there will be clear rules for organizations to make decisions, since subcontracting will only be allowed to be used in specialized services or works that do not fall within the corporate purpose of the contracting party or within its main economic activity, now it is clear.

Key changes with the labor reform that prohibits outsourcing

Labor changes | 2021 AGREEMENT

Subcontracting of personnel to be part of the corporate purpose of the company is prohibited.

Registration of companies before the STPS [Department of Labor and Social Welfare] and the public registry of companies subcontracting specialized services and works.

A term of three months will be granted for the true employers to incorporate subcontracted workers into their payroll.

  Subcontracting of services different from the essential activity of the contracting company will be regulated.

If the subcontractor fails to comply, the company will be jointly liable toward the worker.

Profit sharing will be of three months of salary or the average of the amount received in the last three years.

SOURCE: INEGI [National Institute of Statistics and Geography]   ILLUSTRATION: EL ECONOMISTA

Nevertheless, there is the possibility that companies whose business is subcontracting will resort to amparo proceedings once the reform to the Federal Labor Law is promulgated, pointed out Ricardo Martínez Rojas, partner at the D&M Abogados Firm.