STPS targets agricultural, security and cleaning companies for outsourcing reform

Las new subcontracting rules they are being verified in all industries, but there are at least four sectors that for the Ministry of Labor and Social Welfare (STPS) are a priority in the inspections linked to the reform of outsourcingThese are: agribusiness, tourism, security and cleaning.

“These are sectors that have traditionally been highly impacted by subcontracting and we are verifying that they are complying, they are not the only ones, but primarily they are those,” said Alejandro Salafranca Vázquez, head of the STPS Decent Work Unit, in an interview with the media. Communication.

At the end of his participation in the 20th anniversary of the Mexican Association of Human Capital Companies (AMECH), the official explained that most companies are in order with the new provisions of subcontracting of specialized services. But among the universe where irregularities have been identified, the most recurrent have been:

• Refusal to inspection
• Incorrect data in the Registry of Providers of Specialized Services or Specialized Works (Repse)
• Providing a service that collides with the corporate purpose or the predominant economic activity of the client

“Remember that the Repse is not a permit, it is a record. The Repse allows you to subcontract, but within the framework of the Law, but you cannot subcontract for a company and carry out with your staff the corporate purpose or the predominant economic activity, that is the most important substantive breach,” said Salafranca Vázquez.

In this sense, the federal official assured that the criteria prepared by the STPS for the inspection in agribusiness are to “clarify to the sector how to comply with the norm. The objective is that there are no doubts”. These guidelines indicate that during an inspection by the labor authority, harvesting or cutting activities will not be considered as specialized services.

“These are very clear guidelines that come from the agribusiness because there are many doubts and evasion schemes. In other words, in the first evaluation of the reform, there is a long way to go in agribusiness to validate full compliance”, he pointed out.

In general terms, Alejandro Salafranca added, the worker complaints they are “one of the fundamental foods” for inspections. “Complaints are very important to find out where there is a breach, not only in subcontracting, but also in health, in salary, in training.”

There are opportunities even with outsourcing reform

“There are still opportunities, even with the current regulation of specialized services. There are many things that companies can outsource. What happens is that there is a lack of information and solvency in the market to understand this new regulation”, stated Francisco Martínez Domene, CEO of Adecco Group Mexico.

During a panel with directors of Human Capital companies, Francisco Martínez indicated that an area of ​​opportunity is that of casual employees. “All activities that are outside the corporate purpose or main activity can be outsourced, even temporarily. In Mexico we have a complex context from the formal point of view. Above all, temporary work facilitates access to the first job for many people”.

Gabriel Aparicio, CEO of Kelly Mexico, agreed with this perception of opportunities. “We must continue working together to change the message from negative to positive, because the staff outsourcing, but everything related to specialized services that are not part of the corporate purpose and the predominant economic activity was available. So, all the companies in Mexico and we as members of the association had to work on it.”

In this sense, Héctor Márquez Pitol, president of the Amech, pointed out that alliances between human capital companies and with other business chambers are vital to continue with the operation of companies that were transformed as a result of the subcontracting reform.

“We have a clear objective and that is to promote formal employment, there will be issues that will have to be regulated, but we hope that with a complete regulation, we hope that it will be tested, which would give us a space to work more and recover the marketbut above all, promote formality in the country”, he concluded.