New outsourcing law: What is it and how to integrate it into your company?
Posted: Sat Dec 28, 2024 10:46 am
Outsourcing is a type of work in which a company subcontracts activities . This system was included in the Federal Labor Law in 2012 and, since then, companies began to outsource labor services.
By outsourcing this and other functions, a company achieves a considerable improvement in financial and productivity terms, which has made this scheme enjoy excellent acceptance in Mexico and currently more than four million Mexicans work under the outsourcing system , according to the Ministry of Labor and Social Welfare ( STPS ).
How does outsourcing work?
The main characteristic of the regime in question is that, unlike what occurs in the traditional scheme - where there is an employer and an employee - three subjects participate in this: an employer (who acts as an intermediary), the collaborator and a contracting company for which the employee provides his services.
This is a common way for many people to get a job. However, until recently, not all organizations carried out the required procedures correctly, thinking about the correct malaysia telegram data selection of personnel and in favor of their human capital . This resulted in the non-compliance with the rights of human capital and, therefore, a d evaluation of work and a detriment to corporate reputation.
This is why in Mexico, a reform of the law applicable to companies that offer subcontracted services and those that benefit from them was approved. The modification of April 24, 2021 , seeks to eradicate illegal acts such as tax or profit evasion, the registration of employees with salaries different from those they actually receive, and the constant renewal of contracts, a practice that prevents workers from generating seniority .
What are the changes in Mexico's outsourcing reform 2021?
Employment agencies or intermediaries may be responsible for the recruitment, staff selection and training processes, but may not act as direct employers .
Only specialized services may be subcontracted, provided that they do not form part of the contracting company's core business. These agreements must be established in writing in a contract .
Subcontracting cannot cover all activities carried out within an organization and the human capital accessed under this modality cannot carry out tasks equal to or similar to those carried out by personnel formally hired by the company .
In the event that the company providing specialized services does not guarantee compliance with the workers' labor rights, the contracting company will be jointly liable.
For non-compliance with the above points in the outsourcing administration and management processes , fines of between 2,000 and 50,000 times the Update Measurement Unit (UMA) may be assigned .
company-outsourcing-agencies
How can companies respond to this reform?
Companies providing specialized services must register with the Ministry of Labor and Social Security, for which they must be up to date with their tax and social security obligations, and the contract must be renewed every three years.
Likewise, companies registered in this registry must submit quarterly reports to Infonavit regarding agreements entered into with other companies, the functions and data of each of the collaborators involved.
The contracting companies , on the other hand, will be responsible for directly and formally hiring the workers who are already part of their operation or those who are needed to perform certain functions. They will have a period of three months from the time their modification was published in the Official Journal to make the necessary adjustments to their administration and management processes .
The only exception, as established by this reform to the Federal Labor Law, is the contracting of specialized services that are not related to the main activity of the organizations. For example, cleaning or industrial canteen services contracted by a construction company, although they are essential, are not considered part of the main activity, but rather part of the improvement of a company, so subcontracting them remains legal.
How does it benefit workers?
From the workers' perspective, an important business improvement is the ability to generate seniority. Another advantage is that there will be no way to avoid the distribution of profits, which must correspond to three months' salary or the average salary received in three working years, applying the criterion that most benefits each worker.
According to the Federal Labor Law , the dates for the delivery of profits are May 30, in the case of working for a company (legal entity), and June 29, in the case of those who work for a private individual (natural person). In addition, workers who previously did not receive profits or received a minimum amount for this concept, will receive an increase of 2.6, equivalent to 57 days of work.
In order to strengthen working relationships and achieve business improvement by taking care of human capital, it is necessary to ensure that these relationships meet the conditions to guarantee the labor and human rights of employees.
By outsourcing this and other functions, a company achieves a considerable improvement in financial and productivity terms, which has made this scheme enjoy excellent acceptance in Mexico and currently more than four million Mexicans work under the outsourcing system , according to the Ministry of Labor and Social Welfare ( STPS ).
How does outsourcing work?
The main characteristic of the regime in question is that, unlike what occurs in the traditional scheme - where there is an employer and an employee - three subjects participate in this: an employer (who acts as an intermediary), the collaborator and a contracting company for which the employee provides his services.
This is a common way for many people to get a job. However, until recently, not all organizations carried out the required procedures correctly, thinking about the correct malaysia telegram data selection of personnel and in favor of their human capital . This resulted in the non-compliance with the rights of human capital and, therefore, a d evaluation of work and a detriment to corporate reputation.
This is why in Mexico, a reform of the law applicable to companies that offer subcontracted services and those that benefit from them was approved. The modification of April 24, 2021 , seeks to eradicate illegal acts such as tax or profit evasion, the registration of employees with salaries different from those they actually receive, and the constant renewal of contracts, a practice that prevents workers from generating seniority .
What are the changes in Mexico's outsourcing reform 2021?
Employment agencies or intermediaries may be responsible for the recruitment, staff selection and training processes, but may not act as direct employers .
Only specialized services may be subcontracted, provided that they do not form part of the contracting company's core business. These agreements must be established in writing in a contract .
Subcontracting cannot cover all activities carried out within an organization and the human capital accessed under this modality cannot carry out tasks equal to or similar to those carried out by personnel formally hired by the company .
In the event that the company providing specialized services does not guarantee compliance with the workers' labor rights, the contracting company will be jointly liable.
For non-compliance with the above points in the outsourcing administration and management processes , fines of between 2,000 and 50,000 times the Update Measurement Unit (UMA) may be assigned .
company-outsourcing-agencies
How can companies respond to this reform?
Companies providing specialized services must register with the Ministry of Labor and Social Security, for which they must be up to date with their tax and social security obligations, and the contract must be renewed every three years.
Likewise, companies registered in this registry must submit quarterly reports to Infonavit regarding agreements entered into with other companies, the functions and data of each of the collaborators involved.
The contracting companies , on the other hand, will be responsible for directly and formally hiring the workers who are already part of their operation or those who are needed to perform certain functions. They will have a period of three months from the time their modification was published in the Official Journal to make the necessary adjustments to their administration and management processes .
The only exception, as established by this reform to the Federal Labor Law, is the contracting of specialized services that are not related to the main activity of the organizations. For example, cleaning or industrial canteen services contracted by a construction company, although they are essential, are not considered part of the main activity, but rather part of the improvement of a company, so subcontracting them remains legal.
How does it benefit workers?
From the workers' perspective, an important business improvement is the ability to generate seniority. Another advantage is that there will be no way to avoid the distribution of profits, which must correspond to three months' salary or the average salary received in three working years, applying the criterion that most benefits each worker.
According to the Federal Labor Law , the dates for the delivery of profits are May 30, in the case of working for a company (legal entity), and June 29, in the case of those who work for a private individual (natural person). In addition, workers who previously did not receive profits or received a minimum amount for this concept, will receive an increase of 2.6, equivalent to 57 days of work.
In order to strengthen working relationships and achieve business improvement by taking care of human capital, it is necessary to ensure that these relationships meet the conditions to guarantee the labor and human rights of employees.