Post by rabia994 on Mar 10, 2024 4:16:49 GMT
What is outsourcing? What does the personnel subcontracting reform consist of? What does the Federal Labor Law say now? Is it legal to subcontract? What must be done to avoid incurring illegalities? What deadlines exist?… We have all been attentive to the news about any developments in the outsourcing reform and the Federal Labor Law. Here you have the answers to your questions! Outsourcing Reform in Mexico: Context and background The countdown begins for all companies to adapt to the lines outlined in the outsourcing or personnel subcontracting reform . On April , the Senate approved this reform and on the th of that same month it came into force. This step came after the companies requested a period of time before the bill on subcontracting presented by President Andrés Manuel López Obrador in November and after they met with the president on April , , the main representatives of the labor and business sectors, officials of the Government of Mexico and representatives of the Legislative Branch, to resume said initiative. The main objective of this legislative procedure is to eliminate practices that harm labor rights, avoid evasion of employer obligations and tax fraud . What is outsourcing or subcontracting? According to the Federal Labor Law, subcontracted work has an employer called a contractor who executes works or provides services with his workers under his dependence.
It does so in favor of a contractor , a natural or legal person, who sets the contractor's tasks and supervises him in the development of the contracted services. That is to say, outsourcing is a type of work where companies outsource some of their activities through the subcontracting or outsourcing of one or more of their activities. From now on and accor America Cell Phone Number List ding to the new reform, to be legal, outsourcing must meet certain conditions that we will see below summarized in points . Examples of outsourcing In Mexico, some companies use outsourcing to make human resources management easier, reduce time and costs for their business. According to Mercer, the majority do it with services such as cleaning, dining, security... although it is also common in services such as accounting, advertising, human resources, promotion, computer support, among others. With the new provisions of the Law, the key is the following: it is legal to subcontract works or specialized services as long as they are NOT the core business of the contracting company. For example If your company is dedicated to manufacturing furniture , you CANNOT subcontract those who make it, but perhaps you could outsource the distribution, promotion and sale of these, as well as cleaning, accounting, advertising, etc.
All these services must be provided by providers legally registered with the STPS. If, on the other hand, your articles of incorporation indicate that you are dedicated to the manufacture, distribution and sales of furniture, you could NOT outsource the hiring of those who make, distribute or sell it. All of them would have to be part of your staff. Why was it decided to regulate outsourcing ? At the beginning of , the STPS announced that during the first operation to supervise correct compliance with the Federal Labor Law, carried out in September in coordination with the IMSS , the SAT , the Fiscal Attorney's Office , Infonavit and the Intelligence Unit Financial , a series of measures were evident that have affected millions of workers in Mexico, which did not allow them to: Generate age Be participants in the distribution of profits Receive bonus or vacation bonus And freely exercise their collective rights Some of the findings in the inspected companies were: % had their entire workforce subcontracted. % had % of the staff subcontracted. % of the workers were registered with the IMSS with salaries lower than their real ones and some were even registered in activities different from those they actually performed, in order to lower their risk premium.
It does so in favor of a contractor , a natural or legal person, who sets the contractor's tasks and supervises him in the development of the contracted services. That is to say, outsourcing is a type of work where companies outsource some of their activities through the subcontracting or outsourcing of one or more of their activities. From now on and accor America Cell Phone Number List ding to the new reform, to be legal, outsourcing must meet certain conditions that we will see below summarized in points . Examples of outsourcing In Mexico, some companies use outsourcing to make human resources management easier, reduce time and costs for their business. According to Mercer, the majority do it with services such as cleaning, dining, security... although it is also common in services such as accounting, advertising, human resources, promotion, computer support, among others. With the new provisions of the Law, the key is the following: it is legal to subcontract works or specialized services as long as they are NOT the core business of the contracting company. For example If your company is dedicated to manufacturing furniture , you CANNOT subcontract those who make it, but perhaps you could outsource the distribution, promotion and sale of these, as well as cleaning, accounting, advertising, etc.
All these services must be provided by providers legally registered with the STPS. If, on the other hand, your articles of incorporation indicate that you are dedicated to the manufacture, distribution and sales of furniture, you could NOT outsource the hiring of those who make, distribute or sell it. All of them would have to be part of your staff. Why was it decided to regulate outsourcing ? At the beginning of , the STPS announced that during the first operation to supervise correct compliance with the Federal Labor Law, carried out in September in coordination with the IMSS , the SAT , the Fiscal Attorney's Office , Infonavit and the Intelligence Unit Financial , a series of measures were evident that have affected millions of workers in Mexico, which did not allow them to: Generate age Be participants in the distribution of profits Receive bonus or vacation bonus And freely exercise their collective rights Some of the findings in the inspected companies were: % had their entire workforce subcontracted. % had % of the staff subcontracted. % of the workers were registered with the IMSS with salaries lower than their real ones and some were even registered in activities different from those they actually performed, in order to lower their risk premium.