Note published on June 15 in El Contribuyente, Noticias [News] Section, by Diego Coto
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Even though companies such as PepsiCo and Sumesa are among those affected, most of the amparo suits come from small and medium-sized companies.
The reform on outsourcing in Mexico entered into force on April 24. The fundamental change of the reform is that subcontracting is prohibited; instead, only the temporary hiring of specialized services is allowed.
For weeks now, specialists have warned about the possibility of companies filing amparo suits against the reform. For example, the president of the Nuevo León Institute of Public Accountants (ICPNL), Nora Idalia Flores, said in May that the difference between the time of entry into force for the IP [Private Sector] and the federal government could cause the filing of amparo suits. It is worth recalling that, in the case of the federal government, the entry into force is in 2022.
On the other hand, Ricardo Mendoza, Legal Director of Despacho Pérez Góngora y Asociados, said that the reform has defects of unconstitutionality that could generate amparo suits.
135 companies filed amparo suits
To date, 135 companies have filed amparo suits against the reform. Among the most important ones, we find PepsiCo, Sumesa, Siemens, Comercial Mexicana and Mary Kay Services. Additionally, there are several small and medium-sized companies whose line of business is outsourcing.
As explained in Reforma, the reasons for the amparo suits are also diverse. Some are fully focused on the reform; others on the term of 90 days for the transition of personnel to the new employer.
However, many of the amparo suits that have been filed have not been admitted. This is because labor judges say that it is an administrative matter; on the other hand, administrative judges say that it is a labor matter.
The Mary Kay case
One of the cases that has attracted the most attention is that of the Mary Kay cosmetics company. Last week, it became the first company to obtain a provisional stay against the reform.
In an interview with El Financiero, Ricardo Martínez Rojas, founding partner of the De La Vega & Martínez Rojas Firm, explained at the time that this first stay would open the door for more companies to seek filing amparo suits.
At this time, amparo suits against the law itself cannot be filed because the term to do this ended on June 6. However, the specialist said that they can still be filed against the first act of application of the law; for example, when subscribing to the Public Registry of Contractors of Specialized Services or Works.
With information from Reforma, Forbes and El Financiero