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Heavy Industry Monthly Newsletter - May 2023

On February 3, 2023, the Agreement that modifies the one that publishes the General Provisions for the registration of individuals or legal entities that render specialized services or execute specialized works referred to in Article 15 of the Federal Labor Law (hereinafter the "Agreement") was published in the Official Gazette of the Federation. 

The individuals or legal entities that provide specialized services and the beneficiaries of such, must comply with the applicable provisions to carry out the corresponding registry before the REPSE, which will be subject to inspections or surveillance actions by the Labor Inspectors. The inspections will be about the following: 

Regarding specialized service providers:

  • That the information provided in the platform coincides with the actual conditions of the work center;
  • That the activities they provide as specialized services are not part of the corporate purpose of the beneficiary;
  • That working conditions such as registration with the Mexican Social Security and duly paid salary are complied with.


Regarding beneficiaries:

  • That the employees rendering specialized services do not carry out activities pertaining to their corporate purpose;
  • That the employees are identified.


For both:

  • That they have the agreement for the provision of specialized services in accordance with the applicable provisions.


Likewise, criteria have been added regarding the refusal, cancellation, renewal and modification of the registration notice, where special care must be taken in the information submitted to the authority, since, if documents different from those entered in the platform, apocryphal information or non-compliance with the Federal Labor Law are detected, the registrations may be cancelled. 

Moreover, the specialized service providers, may submit through the platform a request to modify the registered activities, or add new ones, as long as they are part of their corporate purpose or are reflected in the Tax Status Certificate. 

Source: https://www.dof.gob.mx/nota_detalle.php?codigo=5678731&fecha=03/02/2023#gsc.tab=0

Our partner in charge of advising you and the team responsible of the labor matters (David Noel Jiménez Chapa djc@santoselizondo.com and José Raymundo González Ávila rga@santoselizondo.comwill be attentive to determine the challenges that this change represents for you as well as of the approach to face them in a timely and efficient manner.