On November 14, 2022 the Official Gazette of the Federation, [in Spanish: DOF], published an agreement that establishes inspection guidelines regarding subcontracting associated with agribusiness exports.
The first guideline mentions that, for the purposes of inspections regarding subcontracting, the pruning, gathering, or harvesting of fruits be part of the principal economic activity of the companies or individuals engaged in the cultivation, packaging, distribution, or export of fruit; since it is essential to have fruit that is cut from a tree in order to begin the sale, distribution, marketing, and export process.
In view of the above, if the fruit is purchased by companies engaged in the packaging, distribution, and export of fruit from a tree, (that is, from a branch), the workers must be hired by such. Regarding purchased fruits that are cut or harvested, workers must be hired by the producer of the same.
Activities such as pruning, harvesting, or gathering are not considered specialized. Consequently, registration in the Registry of Providers of Specialized Services and Specialized Works [in Spanish: el Registro de Prestadoras de Servicios Especializados u Obras Especializadas], (REPSE), is not feasible. Therefore, they could not be hired to perform activities involving the pruning, harvesting, or gathering of fruits.
The second establishes that companies currently carrying out activities such as the pruning, gathering, or harvesting of fruits serve as employment agencies or intermediaries in the recruiting, selection, training, education, and transportation process; provided that these companies are not considered employers. They may perform these activities pursuant to what is provided by the second paragraph of Article 12 of the Federal Labor Act [in Spanish: la Ley Federal del Trabajo].
Therefore, the said companies, with regard to the previously described activities, may be hired as companies with specialized activities, provided they are in the Registry of Providers of Specialized Services and Specialized Works, (REPSE), as a company engaged in recruitment, selection, training, education, or transportation.
The aforementioned guidelines come into effect as of November 15, 2022.
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