The Department of Labor and Social Services, [in Spanish: Secretaría del Trabajo y Previsión Social] (STPS), together with the Tax Administration Service, the Mexican Social Security Institute, and the National Housing Fund for Workers [in Spanish: el Servicio de Administración Tributaria (SAT), el Instituto Mexicano del Seguro Social (IMSS), and el Instituto del Fondo Nacional de la Vivienda para los Trabajadores, (INFONAVIT) respectively], have implemented an information sharing system with the purpose of ensuring compliance to amendments regarding labor outsourcing and avoiding violations of workers’ rights.
On August 14, 2023, bulletin 39/23 was published. It reported that more than 3,000 inspection actions were carried out which found irregularities. Because of this, 27 million pesos in fines were imposed, 1,755 registrations were cancelled in the Registry of Providers of Specialized Services and Specialized Works [in Spanish: el Registro del Padrón Público de Contratistas de Servicios u Obras Especializadas], (REPSE), and administrative actions were initiated against companies that were recipients of these services. Moreover, approximately 33,000 records of registration in REPSE are under investigation.
In order to guarantee employee rights, the labor authorities, along with other jurisdictions, “will enforce ongoing monitoring regarding compliance with the regulations, so that these amendments, with regard to subcontracting, continue to move forward”.
Therefore, we reiterate the need to comply in a timely manner with the established guidelines that prohibit subcontracting, with it being understood that the former, when it is an individual or legal entity, provides its own workers for the benefit of others.
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