The Technical Council of the Mexican Institute of Social Security (IMSS) made a call to Congress of the Union to specify a special session, in order for legislators to approve extend until september the deadline for companies to transfer your employees that are in a subcontracting scheme (outsourcing) to their central payroll and thus they can enjoy their labor rights.
Through its official Twitter account, the agency published its positioning in this regard, in which urged the banks to reach agreements that lead them to convene these parliamentary sessions. And it is that this July 27 the Permanent Commission of Congress refused to convene extraordinary periods for deputies and senators due to the lack of consensus, which left the adjustments to Federal Labor Law,
Dependency directed by Zoé Robledo He added that the amendment to the decree on subcontracting would give Legal certainty around the implementation of the reform that came into force on April 24. However, the term of 90 calendar days so that the outsourcing beneficiary companies carry out the process of substitution to direct contracting, respecting the right of seniority, it was insufficient.
“It is undeniable the benefits that the reform has generated for workers and that the companies’ will to comply exists; However, the time for the adaptation of the work schemes has been insufficient, which is why we subscribe to the relevance of extending the terms of implementation of the reform and we reiterate the call for the construction of the agreements that are necessary to give legal certainty to its application “
According to the IMSS, so far 2.3 million workers have migrated from a company providing personnel services to a real employer, increasing your base contribution salary by 12%, going from 472.5 to 529.4 pesos per day.
To this positioning was added that of Business Coordinating Council (CCE), chaired by Carlos Salazar Lomelin, who declared this Wednesday that if the extension for the entry into force is not approved, puts a significant number of jobs at risk.
“On August 1, the deadline for registration expires […] This provision severely affects a large number of companies that have faced obstacles in carrying out the registration procedures that the authority requires “
It endorsed the companies’ commitment to enforce all labor, tax and social security obligations within the framework of the new scheme established by the Federal Labor Law.
It is worth mentioning that in the Congress of the Union there are two initiatives to extend the terms of the subcontracting reform: one for September (one more month) and another for January 2022.
The legislators that make up the Permanent Commission were summoned to session tomorrow, Thursday and it is expected that they will try again to summon the extraordinary period.
Companies that do not make the employer substitution and continue to benefit from a labor subcontracting scheme will incur an illegality, since this figure was raised to crime of tax fraud, which is punished even with three years in prison.
In addition, the amendment to seven legal orders that contemplated the reform of “outsourcing” established a fine of up to 4 million 481,000 pesos for businesses that hire or present specialized services without registering with the Ministry of Labor and Social Security. This fine is the most expensive that has been contemplated in the Federal Labor Law.
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