Of the total of patterns that the Mexican Institute of Social Security (IMSS) identified as susceptible to migrate to the outsourcing scheme, practically already transferred 70% of the workforce.
What did the directors say?
The Director of Incorporation and Collection of the IMSS, Norma Gabriela López Castañeda, explained that those who have not yet migrated their staff will have to do so at some point.
“One of the issues that we are seeing today is that from a universe that we already had more or less as of 7,500 employer registers already identified that were about to migrate, practically 70 percent of their workforce already migrated.”
Some “have had some objections
During the conference on Obligations before the IMSS, which was organized by the Legal Commission of the Confederation of Industrial Chambers (Concamin). The official said that some “have had some challenges, it could be that that is why they are waiting for the final resolutions. So administratively, it is very difficult for employers to keep an employer registry by class ”.
On the obligation to present the quarterly report for the IMSS on September 17. The official said that it is preferable to do it before the holiday for the Anniversary of the Cry of Independence.
Compliance with the obligation on national days?
“The fulfillment of the obligation, we do not have an indication that there is something wrong with the system or why it cannot be loaded. I understand that they are national dates, and I would not like to take away the celebration. But in principle the obligation there is no way to extend it, and it would be the 17th, so there are 13, 14 and 15 left to do so, “he added.
What is outsourcing?
The figure of subcontracting or outsourcing is a labor scheme under which a company outsources the contracting service. If you work for a company but your contract is not signed by that company, but by another, it is possible that you are working under the outsourcing or subcontracting scheme.
This is how the reform on outsourcing remained
- The minute approved in April reforms eight laws: Federal Labor Law, Social Security Law, Infonavit Law, the Federal Tax Code. The Income Tax Law, the VAT Law, the Federal Law of Workers at the Service of the State. As well as the Regulatory Law. However, most of the changes were concentrated in the labor law.
- Outsourcing of personnel is prohibited. That is, when a natural or legal person provides or makes its own workers available for the benefit of another.
- The employment agencies or intermediaries involved in the hiring may participate in the recruitment, selection, training and / or training. But in no case will they be considered as patterns.
- The subcontracting of specialized services or specialized works that are not part of the corporate purpose will be allowed. Neither of the preponderant economic activity of the beneficiary thereof. Provided that the contractor companies are registered in the public registry that will be in charge of the Ministry of Labor and Social Welfare (STPS).
- Complementary or shared services or works provided between companies of the same business group. On the other hand, they will also be considered as specialized as long as they are not part of the corporate purpose or the predominant economic activity of the company that receives them.
- There will be more severe penalties for illegal outsourcing: it equates to tax fraud. Fines of 173 thousand to 4 million pesos were set. Those who fail to comply with the new provisions, and tax deduction is prohibited.
- The STPS will have the power to request information on the fulfillment of work obligations. Even when in an inspection process the employer refuses to attend to the labor authorities, he may also impose sanctions for the refusal to provide said information.
- Subcontracting must be formalized by means of a written contract stating the purpose of the services or works to be executed.
- Companies that provide subcontracting services must have a registration with the STPS, which will be public and available for consultation on the internet. The registration must be renewed every three years.
- Joint and several liability is established in the sense that the company that contracts the provision of services or the execution of works with a company that fails to comply with its obligations in terms of social security, will be responsible with the workers used for the execution of said contracts .
- The amount of the Workers’ Profit Sharing (PTU) will have a maximum limit of three months of the worker’s salary or the average of the participation received in the last three years, the amount that is most favorable to the worker will be applied.
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