STPS issues hiring criteria in the agro-industrial sector

For the avoidance of doubt, the Ministry of Labor and Social Welfare (STPS) issued the criteria that companies in the export agribusiness in matters of subcontracting and reported that the workers who cut, harvest or collect the fruit are part of the predominant economic activity of companies or individuals, which is why they cannot be subcontracted.

Given that inspections are planned, the unit published in the Official Gazette of the Federation (DOF) the inspection criteria regarding subcontractingin order to combat simulation mechanisms in the farm labor relations.

It should be noted that within a period of 90 calendar days, the Decent Work Unitthrough the General Directorate of Federal Labor Inspection and the Federal Labor Representation Offices, must implement inspection or verification visits in order to monitor compliance with labor legislation.

The criteria establish that for the purposes of inspections in matters of subcontractingthe activity of cutting, harvesting or gathering of the fruit is part of the predominant economic activity of companies or individuals dedicated to the cultivation, 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 activity of cutting, harvesting or gathering It is not considered specialized, therefore, its registration in the Register of Specialized Service Providers or Specialized Works (REPSE) is unfeasible.

The companies that currently carry out the activity of cutting, harvesting or gathering fruits may act as employment agencies or intermediaries in the recruitment, selection, training, training, and transportation process, as long as these companies are not considered employers. They may carry out these activities under the provisions of the second paragraph of article 12 of the Federal Labor Law.

Accordingly, said companies for the activities described above may be hired as companies with specialized activity, as long as they have their registration with the REPSE as a company dedicated to recruitment, selection, training, training or transportation.