Note published on May 24 in El Economista, Empresas [Companies] Section by María del Pilar Martínez.
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The guidelines for the registration that will be conducted by the STPS state that if the authority does not respond to the registration request by a subcontracting company, said request will be deemed as having been accepted.
As of this Monday, subcontracting companies that intend to offer specialized services will have to comply with the guidelines established by the Department of Labor and Social Welfare (STPS), who will publish the requirements once the 30-day period is finished and companies will have until August to comply.
The agency presented part of the guidelines since this past May 14 at the National Commission for Regulatory Improvement (Conamer) in order to receive comments from the interested persons or companies; however, only two opinions were received.
One of them pointed out that companies that intend to offer specialized services must include this in their corporate purpose, “which entails that companies incur in notarial costs for each procedure that the conduct.” This, due to the fact that in practice, corporate purposes are generic and by virtue of the provisions of the agreement, the corresponding procedures must be conducted in order to establish what is necessary in a specific manner. “This represents a burden for companies that wish to register in the Registry, for the concept of notarial fees and the payment of rights for the registration of documents in the corresponding Public Registry. Among the reasons presented as a response to the document, they point out that the participation of recently created small companies is affected; additionally, a discretionary power is granted to make a decision in regard to each registration, which goes beyond what is allowed in the Federal Labor Law.
They take the route of specialized services
Human capital companies, considered to be the ones that will suffer the greatest impact due to the cancellation of outsourcing, are now ready to deal with the new rules, among them ManpowerGroup, with American capital, which states that it has developed 15 specializations that adapt to the economic activities of the country, ranging from the development of technologies to agro-industry.
“Specialized subcontracting will now have an impact on the world of work, with the generation of trained and up-to-date specialists that enable the establishment of key indicators on the state of economic activities in the country and promote the modernization of sectors”, explained Héctor Márquez Pito, director of Institutional Relations at ManpowerGroup.
A similar path was taken by Adecco, a company with Spanish capital; it launched the new specialized services division and will focus mainly on 4 new areas: specialized industrial and logistics services, for offices, marketing – everything that has to do with sales, promotion and canvassing services -, and the fourth division of specialized service in technology and occupational health or corporate health, Francisco Domene, president of Group Adecco México, told El Economista.
Two small companies decided to file petitions for writs of amparo, as it is a lawful activity that they had been conducting, said Ricardo Martínez, founding partner of the D&M Abogados Firm