“Territoriality” another challenge in outsourcing, a surveillance focus and more amparo suits

Opinion article published on July 1 in El Sol de Mexico, Análisis / Nombres, nombres y… nombres [Analysis / Names, names and … names] Section by Alberto Aguilar.
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I was telling you about the headache faced by companies in registering specialized subcontracting. According to the STPS [Department of Labor and Social Welfare], headed by Luisa María Alcalde, only 8,000 procedures have been processed, one month before the end of the established term.

Filing looks like uphill work, and it is believed that it would have been best to give a deadline of January, 2022, to finish the current fiscal year, as was done in the case of the government.

It is obvious that those who were “insourcing” have already begun to readjust, as established in Article 12 of the Labor Law.

In fact, this would be one of the benefits of the new rules, in addition to closing the door on “factureras” [invoice counterfeiting companies], a cancer that was not attacked for years. Now the cost will be the loss of numerous jobs, an estimated 400,000, because companies will not be able to absorb them.

Additionally, those who do keep said staff will have to resort to other formulas, without benefits, which is painful.

Another topic in the specialized subcontracting file that has also complicated the situation is the concept of “territoriality” demanded by the STPS.

This demand that appears in the regulations will soon be the source of hundreds of legal actions. Expert Oscar de la Vega of the De la Vega y Martínez Rojas Law Firm, who has already won several amparo suits for large companies, given the inequality of the deadlines between the government and the private sector, does not hesitate in stating that “territoriality” will trigger those processes.

And this is that commercial activities linked with the day to day of companies have to be registered. De la Vega gives the example of an employee who goes once a month to check elevators and who will be in this situation.

In the case of the automotive or the mining industry where a number of suppliers are integrated into their production chains, the requirement can be disruptive to the detriment of competitiveness.

Upon registration of these suppliers, agreements, employees, salaries have to be specified, which is feared may also have a focus on surveillance, to the benefit of the SAT [Tax Administration Service], headed by Raquel Buenrostro or the IMSS [Mexican Social Security Institute], headed by Zoé Robledo.

So, outsourcing will continue to give more to talk about.

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