STPS details hiring in the hotel sector to stop outsourcing disguised as specialized services

The staff dedicated to cleaning rooms (maids), guest registration, guest service, cooks, bartenders, captain of waiters, waiters, laundry attendants, clothing attendants, dishwashers, kitchen cleaning and care, reservations and room charges, it is not a specialized service, therefore it cannot be subcontracted, establishes the Ministry of Labor and Social Welfare.

According to what was published in the Official Journal of the Federationthe dependency details that in the hotel sector, the people who perform these tasks, “are part of the preponderant economic activity.”

Thus, it indicates that since they carry out the predominant activities in the hotel sector, “consequently, it is unfeasible for companies or individuals dedicated to providing Temporary Accommodation Service (hotel industry) to contract said services with a specialized nature, since said activities are intrinsically linked to its corporate purpose and predominant economic activity.

The foregoing is part of the criteria that will be used by the Decent Work Unit through the General Directorate of Federal Labor Inspection and the Federal Labor Representation Offices, who must implement inspection or verification visits in order to monitor compliance with labor legislation in terms of these criteria.

It should be remembered that with the 2021 subcontracting reform, it intends to “combat simulation mechanisms in the employment relationship, since these mechanisms directly affect the labor rights of workers, affect their access to financing, their ability to pay , their access to housing, their capacity for long-term financial savings, in addition to generating a considerable impairment in the collection by the State regarding the social security and fiscal obligations of employers”.

These are the second criteria, on specialized services, issued by the Ministry of Labor and Social Welfarethe first are from the field sector, where he pointed out that the activity of cutting, harvesting or collecting the fruit is part of the preponderant economic activity of companies or individuals dedicated to cultivation, as well as packaging, distribution and export of fruit, since it is essential to have the fruit cut from the tree to start the process of sale, distribution, marketing and export.

Therefore, in the event that the fruit is acquired by companies dedicated to the packaging, distribution and export of fruit on the tree (on branch), the workers must be hired by them. On the other hand, if the fruits are purchased cut or harvested, the workers must be hired by their producer.

The agency stressed that the activity of cutting, harvesting or gathering is not considered specialized, consequently, its registration in the Registry of Specialized Service Providers or Specialized Works (REPSE) is unfeasible, therefore, they could not be hired to carry out the activity of cutting, harvesting or gathering fruits.