Mexico Update: PROPOSAL TO AMEND OUTSOURCING REGULATIONS (LATEST UPDATES)

In connection with the recent outsourcing amendment, a Decree was released on May 24, 2021, in the Federal Official Gazette stating the general provisions for registration of individuals or legal entities that provide specialized services or the execution of specialized work.

Below please find the most important aspects of the Decree.

• It is Specialized services or works are defined as those that bring together distinctive elements or factors of the activity carried out by the company, which are supported, among others, by training, certifications, permits or licenses that regulate the activity, equipment, technology, assets, machinery, risk level, average salary range and experience, which add value to the beneficiary.
• Registration will also be mandatory for companies that provide services or complementary or shared works within a company group, as these are considered specialized.
• The necessary steps and documents that individuals or legal entities must submit to request registration are settled.
• The registry will be applicable for one or more specialized activities provided by individuals or legal entities, and for each of these activities, a specific folio number will be granted within the registry.
• The Ministry of Labor and Social Welfare (“STPS”) must respond to the registration request within 20 business days after its reception, and in case of not granting a response, the applicant may require the STPS the resolution within the following 3 days. If the response is not obtained within that period, the registration will be considered completed.
• The registration before the STPS must be renewed every 3 years.
• Individuals or legal entities that provide specialized services or carry out specialized works must obtain the registration within 90 calendar days after the Decree is in effect, therefore, as of May 24, 2021, they have 3 months to obtain said registry.

By FERNANDO MARTÍNEZ FLORES & KARLA ALMEYRA DÍAZ, Jáuregui y Del Valle, S.C., Mexico, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact mexico@transatlanticlaw.com

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