By América Morales
On February 21st, the agreement was published in the Official Gazette of the Federation, which announced modifications to the general provisions for the Registry of Natural or Legal Persons providing Specialized Services or Carrying out Specialized Works (Repse), in accordance with Article 15 of the Federal Labor Law.
Repse is a public registry operated by the Ministry of Labor and Social Welfare (STPS), where companies offering specialized services must register; that is, services provided with their own workers at the client’s workplace such as cleaning or surveillance, but the personnel are not at the disposal of the contracting party, they only carry out the activities that were outsourced.
The registration is valid for three years from the date on which individuals or legal entities were registered in the Registry, meaning that companies that registered in 2021, when the subcontracting reform came into effect, must renew their registration this year.
STPS sent the project to modify the provisions for Repse registration to the National Commission for Regulatory Improvement, which includes the registration renewal schedule.
It is important to note that they can only carry out their renewal process on the dates established in advance, and once that period has elapsed, the platform will automatically disable the renewal module.
The main objective is to ensure that individuals or legal entities registered in the registry consider renewal, as failure to renew their registration within the established period and in compliance with this agreement will result in their registration being canceled, and they will have to carry out this registration again.
Natural or legal persons who, in accordance with the provisions of Articles 13 and 15 of the Federal Labor Law, must access the platform http://repse.stps.gob.mx where they will request registration and must comply with the following requirements:
- Activity or activities they wish to register in the registry;
- As of the date of the registration or renewal request, they must be up to date with their tax and social security obligations before the SAT, IMSS, and INFONAVIT;
- They must provide information and documentation regarding training, certifications, permits, or licenses regulating the activity, equipment, technology, assets, social capital, machinery, risk level, average salary range, and experience, among others.
It is understood, then, that the modification to the general provisions of Repse states that once the renewal is obtained, the specialized service company must inform its beneficiaries of specialized services or works about the renewal of said registration.
Therefore, it is of utmost importance to consider both the registration and renewal of Repse, as providing or contracting specialized services without registration or renewal to Repse can result in penalties ranging from two thousand to five thousand UMAS for both the offering company and the contracting party.
It is crucial for companies providing specialized services and those who contract them to prepare themselves and keep their registration up to date with Repse, thereby avoiding legal penalties and primarily adhering to the legal obligations indicated by STPS.
At Vega, Guerrero & Asociados, we understand the importance of adapting to these changes and offer specialized advice to ensure that your company complies with labor law modifications.
If your company needs advice on how to adapt to these legislative changes and ensure regulatory compliance, contact us, our team of experts is ready to provide the guidance and support needed during this transition period.
