Additions and Modifications to the REPSE general provisions

Last Friday, 3 February 2023, an agreement was published in the Mexico Federal Official Gazette by which the general provisions for the registration of natural and legal persons that provide specialized services, or execute specialized works, under the terms of article 15 of the Federal Labor Law (FLL).

From the mentioned agreement, the following is highlighted:

The Secretariat of Labor and Social Welfare (SLSW) and its Administrative Units extend their power to request at any time, the information and documentation related to the registration, execution and/or contracting of specialized services or works, not only to companies or individuals physical registered but also, to the beneficiaries of them..

Likewise, it is provided that the SLSW, through its inspection program, it will focus on compliance with labor legislation in matters of subcontracting, mainly taking into consideration the following:

a) For the providers of service or specialized works

  • That the information entered into the REPSE platform coincides with your workplace.
  • That the registered activities are not part of the corporate purpose and/or predominant economic activity of the beneficiary.
  • That there are current contracts for the provision of specialized services or works in accordance with Article 14 of the FLL and Article Eighteenth of the General Provisions for the registration of individuals or legal entities that provide specialized services or execute specialized works; which indicate that it will be essential to indicate within the contracts the purpose of the service or work, the approximate number of workers who will carry out said service or work, registration and folio of the activity or specialized work in force of the provider.
  • That the workplace is complying with the obligations regarding social security and payment of wages.

b) For the beneficiaries

  • That the people executing the specialized services or works do not carry out activities within their corporate purpose and/or predominant economic activity.
  • That the contractor’s workers are identified and differentiated from its personnel.
  • That there are current contracts for the provision of specialized services or works in accordance with Article 14 of the FLL and Article Eighteenth of the General Provisions for the registration of individuals or legal entities that provide specialized services or execute specialized works; which indicate that it will be essential to indicate within the contracts the purpose of the service or work, the approximate number of workers who will carry out said service or work, registration and folio of the activity or specialized work in force of the provider.

In the event that the SLSW carries out the surveillance and inspection actions, the inspector who will execute them must deliver a certificate indicating the results obtained; the facts that, if applicable, prevented it from being obtained; and any relevant circumstance that occurred in the course of the proceeding. Additionally, in the event of detecting any violation or non-compliance in the previously indicated points, the inspector will request the start of the sanctioning administrative procedure and, if applicable, the registration cancellation procedure, the foregoing, without prejudice to the notice of non-compliance to the corresponding authorities.

On the other hand, the agreement adds assumptions for the denial and cancellation of registration, which are:

a) For denial:

  • When non-compliance with the FLL regarding subcontracting is detected.
  • When it is noticed that the workers are not registered with the Mexican Social Security Institute, or that there are irregularities in the payment of their salary.
  • Irregularities with the contracts for the provision of the service or specialized work.

b) For cancellation:

  • When an inspection detects that the information and documentation entered into the platform do not match the one presented during the procedure in the workplace.
  • When providing false or apocryphal documentation during the development of an inspection.
  • When non-compliance with the FLL regarding subcontracting is detected.
  • When it is noticed that the workers are not registered with the Mexican Social Security Institute, or that there are irregularities in the payment of their salary.
  • Irregularities with the contracts for the provision of the service or specialized work.

Finally, the possibility of modifying the record successfully already obtained is added, this, is only for the cases in which the previously registered activity is sought to be modified, or a new activity is sought to be added within the record, as long as it is part of the corporate purpose of the legal person subscribed, or, where appropriate, predominant economic activity in its Certificate of Tax Status for natural persons.

This modification must be requested through the digital platform of the REPSE, and the SLSW must issue its resolution within a term of 20 business days after receiving it, with the understanding that, in the event of not issuing any resolution, it will be derived from the requirement procedure contemplated in article 15 of the FLL.

Therefore, the Vega, Guerrero & Asociados Labor & Employment team is available to provide advice regarding any questions that may arise in relation to the additions and modifications previously shared, as well as the preparation for possible inspections by of the SLSW in matters of subcontracting.

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