05 Mar Registration of individuals or companies that provide specialized services
The amendments dated February 13, 2023, sets forth changes to the Accord setting forth the general provisions for the registration referred to in Article 15 of the Federal Labor Law (May 24, 2021). These amendments add a new chapter (III BIS) on the oversight of the registration of individuals and companies that provide specialized services or perform specialized works.
Said chapter announces new faculties for the Federal Labor Inspectors, like the power to verify that the information provided during the registration of the individual or legal entities match with the actual conditions of the work center, as well as that the activities provided as specialized services or execution of specialized works are not part of the main corporate activity and/or the predominant economic activity of the beneficiary.
Likewise, Federal Labor Inspectors may verify with, respect to the individuals and legal entities that are beneficiaries of the specialized services or works, that the workers performing the specialized service or work do not perform activities that are part of the main corporate activity and/or the predominant economic activity of the beneficiary, as well as to verify whether such workers are properly identified and that they have contracts for the rendering of specialized activities.
In addition, these amendments include new scenarios in which the authority may deny or cancel the registration of the individual or legal entity; among which are the cancellation of the registration for providing false information or in case the information presented during the verification visits is different from that provided during the registration, as well as for noticing that there are workers not registered with the Mexican Social Security Institute (IMSS by it’s acronym in Spanish), among others.
On the other hand, the amendments include a new procedure in which individuals and companies registered in the Registry of Specialized Service Providers or Specialized Works (REPSE by it’s acronym in Spanish) may file a request to modify or update the registered activities or add new activities to their registration, with the condition that these are part of the corporate purpose, or of the tax status certificate, as the case may be.
Contact
Gerardo Valencia
Karla Jiménez
Erick Sastré
Lo anterior se proporciona como información general preparada por profesionales con respecto al tema referido. Este documento sólo se refiere a leyes aplicables en México. Si bien se ha hecho todo el esfuerzo para proporcionar información correcta, no asumimos ningún tipo de responsabilidad por errores u omisiones. Por medio del presente, no se está rindiendo asesoría legal, contable o profesional de ningún tipo.