Informative Note – DOF subcontracting hotel industry

The Executive Order in which the inspection criteria on subcontracting matters relating to tourism and lodging services are established was published in the Official Gazette of the Federation on December 12, 2022 and it entered into force on the day after its publication.

Following the principles established in the Reform made on April 2021, the Department of Labor and Social Welfare (“STPS”),  which is in charge of the Registry of Providers of Specialized Services or Specialized Works (“REPSE”), has determined that, for the purposes of inspections on subcontracting matters, activities conducted in work centers connected with natural persons or legal entities that provide temporary lodging services (hotel industry), such as: room cleaning (housekeeping staff), guest registration, guest services, cooks, bartenders, head waiters, waiters, launderers, linen porters, dishwashers, kitchen cleaning and care, reservations and room charges, are part of their predominant economic activity and, therefore, it is inviable that these services be contracted as specialized services, given that they are intrinsically linked to their corporate purpose and predominant economic activity.

We recommend our clients and friends in the hotel industry to verify the type of specialized services or works that they are currently contracting, with the objective of verifying compliance with the provisions on subcontracting matters that prohibit third-party contracting of any activity that, due to their corporate purpose or predominant economic activity, should be provided by their own personnel.

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