On July 11, 2025, Mexico’s Supreme Court of Justice issued binding precedent expanding the scope of a key criminal aggravating factor relevant to the labor sphere: theft committed “by taking advantage of an employment relationship” also applies when the perpetrator is hired under a subcontracting scheme.
What did the Court decide?
The Regional Plenary Court for Criminal and Labor Matters of the Central-North Region ruled that the aggravating circumstance provided under Article 223, Section III, of the Criminal Code for Mexico City must be interpreted broadly. This means it not only applies to workers directly employed by a company, but also to those engaged through lawful subcontracting arrangements.
Why does this matter for employers?
Under this new interpretation, if a subcontracted worker commits theft within the premises of the contracting company, authorities may treat the crime as having been committed “through an employment relationship,” which carries more severe penalties. This is particularly relevant for companies that subcontract specialized services such as cleaning, security, maintenance, or logistics.
From a preventive standpoint, this precedent highlights the importance of implementing access controls, surveillance policies, audits, and supplier selection protocols to ensure subcontracted personnel operate ethically and under proper supervision. It also reinforces the need for well-drafted contracts clearly defining the responsibilities between contractors and service beneficiaries.
While this is a criminal ruling, it has practical implications for labor compliance, risk management, and corporate governance. At Vega, Guerrero & Asociados, our multidisciplinary team is ready to assist companies in reviewing their subcontracting schemes and internal control mechanisms.
