On May 24, 2021, the Federal Official Gazette published the general provisions for the registration of specialized services or works due to the Federal Labor Law reforms, posted on April 23, 2021, which incorporated the prohibition of personnel subcontracting. It was established, as an exception, that only specialized services or the execution of specialized works that do not form part of the corporate purpose or the predominant economic activity of the beneficiary can be subcontracted.
For these provisions, it will be understood as:
I. Registration notice: the document issued by the Ministry of Labor and Social Welfare (STPS) to contractors who meet the requirements established in these provisions.
II. Beneficiary: the natural or legal person receiving the specialized services or the execution of specialized works from the contractor, provided those services or works are not part of the beneficiary’s corporate purpose or main economic activity.
III. Contractor: the natural or legal person who holds the registration issued by the Ministry of Labor and Social Welfare referred to in article 15 of the Federal Labor Law to provide specialized services or execute specialized works with workers under his or her dependence on behalf of one or more beneficiaries.
IV. Register: the Public Register of Specialized Services or Specialized Works Contractors referred to in article 15, fifth paragraph of the Federal Labor Law.
V. Platform: the computing platform in charge of the Ministry of Labor and Social Welfare in which individuals and legal entities can subscribe to the registry and obtain their registration.
VI. Secretariat: the Ministry of Labor and Social Welfare.
VII. Specialized services or works: those services or works bringing together distinctive elements or factors of the activity carried out by the contractor, which is supported, among others, by training, certifications, permits or licenses regulating the activity, equipment, technology, assets, machinery, risk level, average salary range, and experience, which provide added value to the beneficiary.
Individuals or legal entities providing specialized services or executing specialized works interested in signing up to the registry must access the platform at https://repse.stps.gob.mx/ (already active) in which they will request the registration and supply information such as:
• A valid electronic signature
• Business name
• Federal entity
• Federal taxpayer registration
• Information on the articles of incorporation
• Employer registration before the Mexican Institute of Social Security (IMSS)
• Information of the legal representative
• Affiliation with the National Institute for the Consumption of Workers
• Total number of employees at the time of application (considering the number of women and men)
• Specialized economic activity
• Activities to be recorded in the registry
• Preponderant economic activity
The Ministry, through the platform, must pronounce on the registration request within 20 business days after receiving it through the same. If the Ministry fails to do so, the applicants may request the Ministry the issuance of the corresponding registration notice within three business days following the submission of the request. Once this period has elapsed without issuing the registration notice, the registration will be deemed to have been carried out for the legal purposes that may arise.
The registration will be valid for three years and will be essential for the contractor to provide their services under the applicable legal provisions.
The Ministry, through the Dignified Work Unit, via the General Directorate of Federal Labor Inspection, may deny the registration when any of the following cases arise:
a) Failure to prove the specialized nature.
b) Not being up to date with tax and social security obligations.
c) Failure to comply with the requirements established in this agreement.
d) Providing false information or apocryphal documents.
e) Refusing to meet the requests for information or supplementary documentation required by the Ministry.
f) When detected that the data on the platform is different or inaccurate concerning the data and information contained in the filed documents.
The natural or legal persons gaining the registration will be bound to fully identify their workers through the image, name, badge, or identity code linking said workers to the company providing or executing the specialized service or work during the development of their duties in the facilities of the company hiring those services.
The registration of the company providing specialized services or works, and its validity, can be verified at any time through the platform.
We remain at your service for any questions you may have on this topic.