The Registry of Companies Providing Specialized Services (REPSE), under the authority of the Ministry of Labor and Social Welfare (STPS), published on February 3rd in the Official Gazette of the Federation, the resolutions amending the General Provisions for the Registration of Individuals or Legal Entities Providing Specialized Services or performing specialized works.
Be reminded that the REPSE’s purpose is to regulate and supervise the Companies that provide specialized services in the country, as provided in Article 15 of the Federal Labor Law (LFT), which sets out that: Individuals or legal entities that provide subcontracting services must be registered before the Ministry of Labor and Social Welfare.
These amendments by the Ministry of Labor strive for more efficient and transparent outsourcing services, which range from the authority’s power to monitor compliance through inspections, to new causes for cancellation and refusal of registration, as well as the possibility of amending the registration.
Also read the main items on labor issues that our lawyers Fernando Martinez Flores and Karla Almeyra Diaz wrote about the Outsourcing Reform Initiative.
What are the main changes made by the Ministry of Labor and Social Welfare (STPS) regarding Outsourcing?
- Incorporation of the chapter titled “Registration Surveillance”, which establishes the authority of the General Directorate of Federal Labor Inspection to carry out inspections to monitor compliance with the provisions on outsourcing to individuals or legal entities that are registered as specialized service providers and to companies benefiting from the services.
- In addition, if the authority identifies non-compliance because of an inspection to monitor compliance with the provisions on outsourcing, it will then request the initiation of the applicable administrative procedure and, if applicable, the cancellation procedure.
- The following are also included as grounds for REFUSAL of Registration: i) Upon non-compliance with the outsourcing provisions; ii) Upon discovery of workers who are not registered before the Mexican Social Security Institute (IMSS); iii) Upon irregularities in the salary of the workers and, last, iv) Upon irregularities in the Contract executed for the provision of specialized services.
- In addition, the following are included as grounds for CANCELLATION of the registration: i) When, through an inspection, it is identified that the documents are different, inaccurate or false information or documents have been provided; ii) Upon existence of non-compliances with the outsourcing provisions; iii) Upon discovery of workers who are not registered before the IMSS or irregularities in the salaries; and iv) Upon irregularities in connection with the Contract executed for the provision of specialized services.
- And the last amendment regarding Labor outsourcing, includes the possibility of requesting the modification or update of the activities in the Registry, as well as adding new activities, as long as the modifications and updates are part of the corporate purpose of the company.
This is the summary on the recent amendments of the STPS regarding outsourcing services. At Jauregui y Del Valle, we remain at your service in case you require further information or advice.