Note published on May 20 in El Contribuyente, Noticias [News] Section, by Diego Coto.
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According to specialists, there are several unconstitutional points in the reform.
During the last weeks, specialists have warned about the possibility of human capital companies filing amparo suits against the reform to subcontracting.
One of the main concerns is that, for the private sector, subcontracting is prohibited as of April 24. This means that new outsourcing contracts cannot be entered into currently. However, this is not the case for the federal government. In this case, the reform enters into force on January 1, 2022.
Faced with this scenario, the Nuevo León Institute of Public Accountants (ICPNL) asked for an extension for the entry into force of the reform. The request made by the ICPNL intends that its entry into force for the private sector is also in January, 2022. In an interview with Reforma, Nora Idalia Flores, president of the Institute, said that the difference in dates between the government and companies could cause a series of amparo suits.
In an interview with the same medium, Ricardo Mendoza, legal director of Despacho Pérez Góngora y Asociados, said that the reform has defects of unconstitutionality that could generate amparo suits. For Mendoza, the main problem is that there is no justification for the entry into force to take place on different dates. According to the specialist, this opens the possibility for a judge to grant a provisional and definitive suspension and that he suspends the entry into force until January.
Amparo suits are already being filed
As reported by El Economista, the last day for filing an amparo suit against the reform is May 24. Given the above, several companies have already filed the means for defense, arguing that the reform is unconstitutional.
This refers specifically to the prohibition of personnel supply. In an interview with El Economista, Ricardo Martínez Rojas, partner at the D&M Abogados Firm, said that the unconstitutionality lies in the prohibition of an economic activity. The specialist says that it goes against the right to engage in any lawful activity.
Additionally, there is the problem of the retroactivity of the law. According to Martínez, the reform forces companies to cancel outsourcing contracts that predate the entry into force of the changes.
With information from El Economista