As discussed in prior Alerts, individuals and companies that provide specialized services or specialized works in accordance with the newly revised Article 15 of the Federal Labor Law (the “Law”) must register in a public registry kept by the Ministry of Labor and Social Welfare (the “Ministry”).
On May 24, 2021, the guidelines to secure such registration were published in the Federal Official Gazette (Diario Oficial de la Federación).
Below are the key points of the guidelines:
- Vendors must access the following platform: http://repse.stps.gob.mx/.
- They will be asked to provide general information regarding (i) the company, such as by-laws, Federal Taxpayer Registry, address; (ii) its legal representative; (iii) number of employees; and (iv) economic activity, among others. The Ministry may request, at any moment, additional information.
- Vendors must be up to date with their social security and tax obligations.
- Vendors must prove the specialized nature of the services or the work.
- The Ministry will have 20 business days to issue the notice of registration; the registration will be valid for three years. The registry number and folio must be stated in the services or work agreements.
- The registration may be denied or cancelled; the guidelines do not contemplate an appeal mechanism in the event of denial or cancellation.
- Vendors that are registered must identify their employees by means of image, name, badge, etc. that links them to their employer during their services in the workplace of the company that hires the specialized services.
- Companies that provide shared or complementary services or work also have to register.
- The registry will be available for public consultation in a Ministry’s internet site.
- Vendors will have up to 90 natural days to register as of May 24, 2021; in other words, vendors must be registered before August 24, 2021.
Juan Tejedo, juan.tejedo@gmt.mx
Alfonso García-Mingo, a.garciamingo@gmt.mx
Carlos Acle, carlos.acle@gmt.mx
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