Chihuahua, Chih., May 25th, 2021.
Dear clients and friends, we hereby inform you the following:
On May 24th 2021, the Federal Ministry of Labor and Social Welfare (“STPSF”) published in the Federal Official Gazette (“DOF”), the rules and general provisions that define the procedures regarding the registry of individuals and legal entities that provide specialized services related to outsourcing scheme, the foregoing was issued pursuant and as previously announced, within the 30 days following the date on which the Law amendment became effective and in compliance with the provisions of Article 15 of the Law.
Among the several provisions, we note the following:
- A precise description of the service to be rendered or the type of work to be performed must be established, and for each activity, the specialized nature thereof must be evidenced, under oath, and the elements or circumstances that support such specialized nature must be described.
- In order to prove the specialized nature, they must provide information and documentation regarding: training, certifications, permits or licenses that regulate the activity, equipment, technology, assets, machinery, risk level, average salary range, experience, among others.
- They are required to prove their compliance with their tax and social security obligations before the Tax Administration Service, the Mexican Social Security Institute and the National Workers’ Housing Fund Institute.
- The registry will be effective for one or several specialized activities and such specialization must be held in order for the authorization to subsist, and each specialized activity will be assigned with a specific registry number.
- The service or specialized service provider, in addition to the requirement of obtaining the registration, shall not carry out any activity related to the corporate purpose or the main economic activity of the recipient, among other specific provisions.
We remain at your service for any inquires or comments regarding the abovementioned information, hoping you find a correct decision making in the administration and compliance of your business. We recommend being vigilant to the new provisions to be issued to the particular topic.
For further information on this subject, please visit: Rules for the Registry of Specialized Services
Published by:
Mr. Daniel Alfonso Jiménez Lara / Partner of the Labor Practice Group
