On May 24, the resolution by which the general provisions are made known for the registration of individuals or legal entities who render specialized services or execute specialized works referred to in article 15 of the Federal Labor Law (the “Resolution”) was published in the Official Gazette of the Federation.

Background:

As a result to the reforms to the Federal Labor Law, published in the Official Gazette of the Federation on April 23, 2021, the prohibition of the subcontracting of personnel was incorporated and it was established, exceptionally, that only specialized services or the execution of specialized works that also do not form part of the corporate purpose or the predominant economic activity of the beneficiary thereof can be subcontracted.

That also services or complementary or shared works provided between companies of the same business group may be considered as specialized, as long as they are not part of the corporate purpose or the predominant economic activity of the company that receives them.

Relevant Items:

Specialized services or works: are those that bring together distinctive elements or factors of the activity carried out by the contractor, which are supported, among others, in the training, certifications, permits or licenses that regulate the activity, equipment, technology, assets, machinery, risk level, average salary range and experience, which provide added value to the beneficiary.

Registry: Public Registry of Contractors of Specialized Services or Specialized Works referred to in article 15, fifth paragraph, of the Federal Labor Law;

Individuals or legal entities that, in accordance with the provisions of article 13 of the Federal Labor Law, render specialized services or carry out specialized works and are interested in registering in the Registry, must access the platform http://repse.stps.gob.mx (the “Platform”) in which they will request registration and will meet the requirements established in Chapter II of the Resolution.

Once the information and documentation have been requested and loaded, the Platform will assign a folio number with which the applicant can follow up on the record.

Registration must be requested for each of the specialized activities that are required to be rendered.

The STPS, through the Platform, must pronounce on the registration request within 20 business days after receiving it through the Platform. Failure to do so, applicants may request STPS to issue the corresponding registration notice, within 3 business days following the submission of the request. Once this period has elapsed without the registration notice having been issued, the registration will be deemed to have been carried out for the legal purposes that may arise.

The registration notice will include: (i) the registration number; (ii) a folio number for each specialized service or work registered, (iii) the name of the specialized service or work; (iv) and the name of the individual or legal entity who owns it.

Term: the registration will be valid for 3 years.

Every 3 years, the renewal of the registration shall be carried out through the Platform. This procedure must be started within a period of 3 months prior to the date on which the term of its registration ends.

In the contracts that the contracting companies enter into with companies that provide specialized services or carry out specialized works, the registration and folio of the current specialized activity or work of said companies must be included.

The individuals or legal entities that obtain the registration will be obliged to fully identify their workers by means of the image, name, badge or identity code that links said workers with the company that renders the specialized service or executes the specialized work during the development of their work in the facilities of the company that hires the services.

If you have questions or require additional information regarding this communication, please contact José Ruiz (jose.ruiz@rapa.mx) and/or Elvia Palazuelos (elvia.palazuelos@rapa.mx) and / or Ricardo Ahumada (ricardo.ahumada@rapa.mx).