Chihuahua, Chih., February 1st, 2023.
Dear Clients and Friends,
Last December 12, the “Decree whereby inspection criteria regarding outsourcing of tourism and lodging services is set forth” was published in the Federal Official Gazette (DOF), by the Ministry of Labor and Social Welfare (STPS).
These measures are intended to ensure their enforcement by labor inspectors regarding their compliance to the amendments of the Federal Labor Law (LFT) published in the Federal Official Gazette on December 23rd, 2021, as well as the agreement by which the general regulations for the registration of individuals or legal entities that provide specialized services or perform specialized works referred to in Article 15 of the Federal Labor Law issued by the Secretary of Labor and Social Welfare and published in the Federal Official Gazette on May 24th, 2021.
The “Inspection Criteria for Outsourcing of Tourism and Lodging Services” are hereby established as follows:
1.- Regarding outsourcing inspections, the activities performed within the work centers linked to individuals or legal entities engaged in the activity of “temporary lodging services” (hotel industry), such as: room cleaning (chambermaids), guest registration, guest service, cooks, bartenders, waiter captains, waiters, laundry managers, clothes washers, dishwashers, kitchen cleaning and care, reservations and room charges, are part of their predominant economic activity.
2.- The listed activities are not considered specialized, therefore, it is unfeasible for companies or individuals engaged in providing temporary lodging services (hotel industry) to contract such services on a specialized basis, since such activities are intrinsically linked to their corporate purpose and predominant economic activity.
This decree became effective as of December 13th, 2022.
In this law firm we remain at your service for any questions or comments related to the information that is required, so we recommend to remain attentive to the new provisions and criteria to be issued to the particular subject.
Responsible for the publication.
Daniel Alfonso Jiménez Lara / Partner and head of the Labor Practice Group.
