On December 24, 2024, the decree amending the Federal Labor Law (FLL) concerning Digital Platforms was published in the Diario Oficial de la Federación (Official Gazette of the Federation).
Among the key changes, it is established that all workers earning or generating a monthly income equivalent to at least one minimum wage will be entitled to full social security coverage. This includes access to the Mexican Social Security Institute (IMSS) and the National Housing Fund Institute (INFONAVIT). Workers who do not meet this income threshold by the end of each month will be classified as independent workers.
The reform also recognizes the flexible and intermittent nature of this type of employment, allowing workers to choose their schedules and the platforms they wish to work with.
Below are the highlights of this reform:
New Chapter IX Bis: Work on Digital Platforms
The reform introduces Chapter IX Bis, which establishes the labor relationship for workers on digital platforms as subordinate and paid employment. This type of work is characterized by the physical presence required to provide services through digital platforms. Consequently, platforms and their administrators are recognized as employers, while users bear no labor liability.
Labor Rights and Flexibility
Regarding labor rights, the nature of this work is considered flexible and intermittent, existing only during the time effectively worked. Payment will be task-based, proportionally including rest days, vacation pay, vacation bonuses, year-end bonuses, and overtime.
Contracts and Algorithmic Management
The reform introduces changes to employment contracts. "Algorithm" refers to decision-making systems that allow for automated or analogous control and supervision of digital platform workers.
Employers must draft an algorithmic work management policy document, written in clear and simple language, avoiding vague or ambiguous terms. This document must detail the criteria used by algorithms in decision-making processes that could affect the employment relationship. Such policies will be part of the digital platform employment contract.
Employer Obligations
Employers on digital platforms are subject to additional responsibilities, including:
Worker Obligations
Digital platform workers must adhere to workplace safety and health regulations and properly perform assigned tasks. They are also required to comply with ethical and respectful conduct standards and use the technological tools facilitating their work appropriately.
Termination of Employment
The reform specifies the grounds for terminating the employment relationship, including document forgery, compromising user safety and privacy, and repeated failure to complete assigned tasks. The termination process includes a review and conciliation phase.
Indemnifications and Exemptions from Reinstatement
Article 49 now includes Section VI, exempting employers from reinstating digital platform workers, except in cases where collective rights have been violated.
Additionally, Section IV has been added to Article 50, stipulating that in case of dismissal, digital platform workers will receive severance pay equivalent to three months' salary plus 20 days for each year of service.
Profit Sharing
Article 127 has been amended to grant digital platform workers the right to participate in profit sharing, provided they work over 288 hours annually on the platform.
Gender Perspective and Prohibitions
The reform strengthens protections against discrimination and workplace violence, particularly concerning gender equality. It also prohibits child labor, illegal withholding of money, and the use of simulated contracts to evade labor responsibilities.
Fines and Penalties
To ensure compliance, economic penalties have been established for employers violating the regulations. Fines range from 250 to 25,000 times the Unit of Measurement and Update (UMA), depending on the severity of the violation.
Implementation and Transitional Provisions
The reform provides a 180-day implementation period, with the deadline set for June 22, 2025. During this time, the IMSS and the Ministry of Labor and Social Welfare (STPS) must develop the necessary rules and procedures necessary to ensure proper adaptation to these new regulations.
Source:
Diario Oficial de la Federación - DOF
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