STPS “adjusts” the REPSE so that companies do not simulate hiring

The Ministry of Labor and Social Welfarel (STPS) published new modifications to the Registry of Specialized Services Providers or Specialized Works (REPSE) which specifies the reasons why companies can be terminated -for maintaining an employer simulation-, which will allow a better inspection process to be carried out in compliance with the rules for contracting specialized services (formerly outsourcing) in the country.

In this sense, through the Official Gazette of the Federation (DOF), the agency pointed out that “for the greatest efficiency in the development of surveillance actions and promotion of compliance with labor regulations that regulate the subcontracting of specialized services or execution of specialized works”, it has been considered appropriate to modify the general provisions for the registration of natural or legal persons that provide said service.

To do this, it modifies two articles and adds two new provisions and a series of fractions that account for the effects it has for the service provider, as well as for the person who contracts it, the fact that the contracts do not coincide with the corporate purpose of the company or even the salary reported to the Mexican Social Security Institute (IMSS) is not the real one, which can cause the cancellation in the REPSE.

It should be remembered that the Labor Unit, through the Decent Work Unitmust deny or cancel at any time the registration of those individuals or legal entities that do not meet the requirements set forth in the Federal Labor Law for its obtaining.

In this regard, the labor practice specialist at Deloitte, Germán de la Garza de Vecchi, commented that “we are seeing the beginning of the inspection stage, until a year ago when the subcontracting reform was applied, priority was given to the administrative and be it the registration or the adaptation of the companies; but with this, the message is that the inspections are coming, and this type of adjustment will speed them up more, so companies should take it into consideration”.

For his part, Adrián Castillo García, director of Von Wobeser and SierraSon, said that it is “good news to know that there is already a regulatory framework for the operational and business needs of the companies to which this regulation applies, there are still issues pending, such as the change of tax domicile, which has not yet contemplated the way in which the REPSE should be informed and the partial loss of the Registry is not established, but only the partial loss, which can be a legal defense opportunity for those who are located in that assumption”.

He stressed that there will be no difficulties for those who already comply with the new provisions of the subcontracting reform. “This is important because they can inspect us and there are clearly sanctions for inclusion, although as always those who comply are overregulated and there is no focus in practice for those who do not comply.”

Likewise, it is “good news for workers, since we hope that these rules help to put an end to the practice that we have continued to see in the Mexican labor market in which outsourcing continues to be hidden under this figure, either under the pretext of not having authorization to increase the worker base by insensitive corporations or simply to try to subtract labor rights and lower the costs of workers”.