07 Mar The Supreme Court declared that it is unconstitutional to require the accreditation of the specialized nature on the incorporation to the REPSE
The Supreme Court determined the unconstitutional nature of the requirement by the Ministry of Labor (STPS by its acronym in Spanish) requiring evidence of the specialized nature of the services or works that are going to be provided within the incorporation into the Registry of Contractors of Specialized Services or Specialized Works (REPSE by its acronym in Spanish).
An amparo claim was filed to contest several points of the agreement published in the Federal Official Gazette (DOF by its acronym in Spanish) on May 24th, 2021, in which several provisions related to the registration of an individual or a corporation that render specialized services or execute specialized works referred in the Article 15 of the Federal Labor Law (FLL) are disclosed, specifically the second article, section VII, eighth, point 3 and fourteenth, paragraph a) of the mentioned agreement, arguing that it exceeds the authorities granted to the STPS.
The authorities of the Ministry of Labor (STPS by its acronym in Spanish) do not include the requirement to prove the specialized nature of the service or work rendered by individuals or corporations seeking to obtain their incorporation into the Registry of Contractors of Specialized Services or Specialized Works (REPSE by its acronym in Spanish).
On May 24th, 2021 the STPS published an agreement setting forth provisions related to the registration of individuals or corporations that provide specialized services or perform specialized work referred to in Article 15 of the Federal Labor Law (FLL).
After the publication of this agreement, the Supreme Court determined that the STPS does not have the authority to require individuals seeking to obtain such registration to a) credit the specialized nature and the description of the elements or factors that originate this exceptional nature; b) provide information and documents related to training, certifications, authorizations or licenses that regulate the activity, equipment, technology, assets, capital stock, among others; and, c) that the specialized services or work to be rendered are necessarily contemplated within its corporate purpose for its registration.
The purpose of establishing and implementing the registry mentioned in Article 15 of the FLL was not to grant the STPS with the authority to issue an authorization to carry out subcontracting activities of specialized services or works. Instead, its sole purpose was to implement a reliable registry that would facilitate the identification of registered subcontractors and the nature of the services or works they perform.
The STPS has received exclusive authorization to carry out the administrative procedure related to the registration in the Registry of Contractors of Specialized Services or Specialized Work. However, it lacks the power to require subcontractors seeking registration to comply with requirements that go beyond the objectives established in the law.
Contact
Gerardo Valencia
Erick Sastré
Eduardo Hale
THE ABOVE IS PROVIDED AS GENERAL INFORMATION PREPARED BY PROFESSIONALS WITH REGARD TO THE SUBJECT MATTER. THIS DOCUMENT ONLY REFERS TO THE APPLICABLE LAW IN MEXICO. WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURACY, NO RESPONSIBILITY CAN BE ACCEPTED FOR ERRORS OR OMISSIONS. THE INFORMATION CONTAINED HEREIN SHOULD NOT BE RELIED ON AS LEGAL, ACCOUNTING OR PROFESSIONAL ADVICE BEING RENDERED.