The second transitional article of the decree reforming the provisions relating to subcontracting in matters of labor, social security and tax, instructed the Ministry of Labor and Social Welfare (“STPS for its acronym in Spanish”) to publish the general guidelines for the registration of natural and legal persons providing specialized services or performing specialized tasks within 30 days of the entry into force of the decree.
May 24e2021, the STPS published these guidelines in the Official Journal of the Federation. This means that the period of 90 calendar days has started to run on said day for natural or legal persons providing specialized services to register in the public register of providers of specialized services and tasks. This is based on the third transitional article of the reform decree.
Here are the most relevant aspects of the guidelines:
I. The guidelines are confusing when they state that the register is for those who perform specialized services or specialized tasks which provide their own personnel for the benefit of others. Article 12 of the Federal Labor Law, as amended on April 23, 2021, provides that the subcontracting of personnel is prohibited when it involves making its own workers available for the benefit of others.
II. The guidelines refer to a contractor and not to a subcontractor, thus obliging any provision of specialized services to register with the STPS (not just subcontracting).
III. STPS will make an electronic platform available to registrants on the following web page: http://repse.stps.gob.mx/
IV. To register, natural and legal persons providing specialized services / tasks must comply with the following conditions:
A. Information needs.
1. electronic signature.
2.Name, denomination or company name in the case of legal persons; or name (s) and name (s) in the case of natural persons.
3. trade name.
4. Federal entity.
5. Federal Register of Taxpayers.
6.Address: street or avenue, exterior and interior number, district or subdivision, postal code, locality and municipality.
8. land line (s) and mobile phone (s) and e-mail (s).
9. Company statutes, identification data of the notary or public broker who issued it, date of its notarization and corporate purpose (in the case of a legal person).
10. Register of employers with the Mexican Institute of Social Security.
11.Data of the legal representative, including landline and mobile phone, official identity document (voter card, passport or professional license), population code and e-mail.
12. Affiliation with the National Institute of the Workers’ Consumption Fund (INFONACOT for its acronym in Spanish).
13. The total number of employees at the time of the registration request, indicating how many are women and how many are men.
14.Specialized economic activity according to the “Catalog of activities for the classification of companies in the insurance of occupational risks” of the Mexican Institute of Social Security contained in the regulations of the Law on Social Security in matters of affiliation, classification of enterprises, collection and inspection.
15.Activity or activities to be recorded.
16. Predominant economic activity.
The specialized character of each activity must be declared, under oath, as well as the elements or factors that support this nature must be described, such as training, certifications, permits or licenses that govern the activity, equipment, technology, assets, social capital, machinery, level of risk, average salary scale, experience, among others.
B. Information needs.
1. Official identity document of the natural person or the legal representative of the company (voter card, passport or professional license).
2. power of attorney.
3. proof of payroll (in XML format).
4.By-laws which include the current corporate purpose.
5. Federal Register of Taxpayers.
Employer registration (s) with the Mexican Institute of Social Security.
7. proof of address (deed of ownership, telephone or electricity bill).
All documents mentioned above must be legible and sent in PDF format.
V. Upon receipt of the information and documentation, the platform will assign a folio to follow the process. The STPS must render a decision on registration within 20 working days:
a. Grant and assign a registration number which will be valid for the next 3 years. This number must be indicated in all contracts concluded by the specialist service provider.
b. If the STPS remains silent after 20 working days, the declarant will be legally entitled to request the registration number and if the labor authority does not do so within 3 working days, it will be understood that the applicant has been registered. for everyone. legal purposes. Unfortunately, the provisions do not mention how the applicant can prove that they have received this automatic approval (afirmativa ficta).
VI. The guidelines establish a series of situations in which registration can be refused or canceled, among which the following stand out: (i) lack of proof of the specialized character; (ii) not be up to date with fiscal and social obligations; (iii) provide false information or documents; or (iv) provide specialized services which form part of the corporate purpose or predominant activity of the beneficiary of the services.
VII. Finally, employers of workers employed to provide specialized services must be clearly identified in the performance of their duties at the premises of the beneficiary of the services, by name, badge or identity code that binds them as employees of the service provider. services.