On May 24, the “AGREEMENT announcing the general provisions 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” was published in the Federal Official Gazette (DOF by its Spanish acronym).

Due to the amendments to Articles 13 and 15 of the Federal Labor Law, published in the DOF on April 23, 2021, the prohibition of subcontracting personnel was incorporated and it was established that only specialized services or the execution of specialized works that are not part of the corporate purpose or the main economic activity of the beneficiary of such services may be subcontracted.

Platform and specialized services

You can access the REPSE platform through the following link: repse.stps.gob.mx. It will allow you to enter your application for registration in the Public Registry of Providers of Specialized Services and Specialized Works.

In order to define in which cases I must register in the REPSE’s registry, it is very important to review the aforementioned agreement. The DOF agreement defines specialized services or specialized works as:

“those that comprise distinctive elements or factors of the activity performed by the contractor, which are based, among others, on training, certifications, permits or licenses that regulate the activity, equipment, technology, assets, machinery, risk level, average salary range and experience, which provide added value to the beneficiary”.

Furthermore, complementary or shared services or works rendered between companies of the same business group may be considered as specialized, provided that they are not part of the corporate purpose or the main economic activity of the company that is to receive them.

List of activity categories.

The companies or individuals who intend to register in the REPSE platform, must specify the category to which the activity they develop belongs, there are more than 95 options among which we find: Stock market activities, agriculture, wholesale and retail trade of different products, insurance and bonding companies, hospitals, mining, cleaning, various services, transportation, among others.

REPSE Registration Questionnaire

In order to access the Registry of Providers of Specialized Services and Specialized Works, a questionnaire containing several questions on the following topics must be filled out:

• General Working Conditions
• Safety and Health at the workplace
• Training and Education
• Other

Requirements

Individuals or legal entities seeking to register in the registry must state precisely the service they wish to provide or the type of work they wish to perform, under penalty of perjury, the specialized nature of the same and describe the elements or factors that support this exceptional nature. All the activities described must coincide with the corporate purpose of the company.

In order to prove the specialized nature, information and documentation shall be provided, in accordance with the requirements of the platform, regarding

• Training,
• Certifications,
• Permits or licenses that regulate the activity,
• Equipment,
• Technology,
• Assets,
• Capital stock,
• Machinery,
• Risk level,
• Average salary range,
• experience, among others..

It is important to emphasize that companies or individuals wishing to register on the platform must be up to date with their tax and social security obligations before the Tax Administration Service (SAT), the Mexican Social Security Institute (IMSS) and the National Workers’ Housing Fund Institute (INFONAVIT). They must also be registered with INFONACOT as of the date on which the application for registration is made. The aforementioned authorities will enter into collaboration agreements to exchange information and carry out joint actions.

The registration will have effects for one or several specialized activities, and such specialty must be maintained in order for the authorization to subsist. Likewise, the Secretary of Labor and Social Welfare (STPS) will assign a specific folio number to each specialized activity.

Through the Platform, it will be possible to verify at any time the registration (with the folio number) and its term of validity for the companies that provide specialized services or perform specialized works.

We remain at your service for any questions or clarification in this regard.