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AGREEMENT DISCLOSING GENERAL PROVISIONS FOR THE IMPLEMENTATION OF THE THE REGISTRY OF INDIVIDUALS OR LEGAL ENTITIES THAT RENDER SPECIALIZED SERVICES OR EXECUTE SPECIALIZED WORKS REFERRED TO IN ARTICLE 15 OF THE FEDERAL LAW
On the margin a seal with the National Coat of Arms, which reads: Estados Unidos Mexicanos - Secretaría del Trabajo y Previsión Social.
LUISA MARÍA ALCALDE LUJÁN, Secretary of Labor and Social Welfare, based on the provisions of Articles 123, Section A, fractions I to XV, XXVII and XXXI of the Political Constitution of the United Mexican States; 14, 16, 26 and 40 of the Organic Law of the Federal Public Administration; 15, 132, 527, 527-A and 529 of the Federal Labor Law; 1, 2, 4 and 5 of the Internal Regulations of the Secretary of Labor and Social Welfare; and
WHEREAS
That as a result of the amendments to the Federal Labor Law, published in the Official Gazette of the Federation on April 23, 2021, the prohibition of subcontracting personnel was incorporated and it was established, on an exceptional basis, 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.
Likewise, 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 of the main economic activity of the company receiving them.
That it is essential to have a current, statistical and control system to identify, register and regulate the individuals or legal entities that provide the aforementioned specialized services through a Public Registry of Contractors of Specialized Services or Specialized Works.
That individuals or legal entities wishing to join the registry must establish precisely the service they wish to provide or the type of work they wish to perform, and that for each of such activities they must prove, under oath, the specialized nature of such activities and describe the elements or factors that support this exceptional nature. To prove the specialized nature, information and documentation will be provided regarding: training, certifications, permits or licenses that regulate the activity, equipment, technology, assets, machinery, risk level, average salary range, experience, among others.
They must demonstrate that they are up to date with their tax and social security obligations with the Tax Administration Service, the Mexican Social Security Institute and the National Workers' Housing Fund Institute (Instituto del Fondo Nacional para la Vivienda de los Trabajadores).
That the registration will have effects for one or several specialized activities and such specialty must be maintained in order for the authorization to subsist, and that each specialized activity will be assigned a specific folio number.
That the provider of the service or specialized work, in addition to the condition of having obtained the registration, must not perform work related to the corporate purpose or the main economic activity of the beneficiary. The labor authority will implement and carry out permanent surveillance actions for such purpose.
Article 15 of the amendment to the Federal Labor Law establishes that individuals or legal entities that provide specialized services or perform specialized works must be registered with the Ministry of Labor and Social Welfare.
That as part of this provision, the obligation of the Secretariat to create the Public Registry of Contractors of Specialized Services or Specialized Works is established, which makes it necessary to issue the general provisions that determine the procedures related to the aforementioned Registry.
That the second transitory article of the Decree published on April 23, 2021 in the Official Gazette of the Federation establishes a term of 30 calendar days for the Ministry of Labor and Social Welfare to issue the general provisions that determine the procedures related to the registration of individuals or legal entities that provide specialized services or execute specialized works, and
That in order to comply with the provisions of said ordinances, I have had the good will to issue the following:
AGREEMENT DISCLOSING GENERAL PROVISIONS FOR THE IMPLEMENTATION OF THE THE REGISTRY OF INDIVIDUALS OR LEGAL ENTITIES THAT RENDER SPECIALIZED SERVICES OR EXECUTE SPECIALIZED WORKS REFERRED TO IN ARTICLE 15 OF THE FEDERAL LABOR LAW
CHAPTER I
GENERAL PROVISIONS
ARTICLE ONE. The purpose of this Agreement is to establish the general provisions for the registration of individuals or legal entities that perform specialized services or perform specialized works and that for this purpose provide or make available its own workers for the benefit of another to perform the services or specialized works under the terms referred to in Articles 13 and 15 of the Federal Labor Law.
Registration will also be mandatory for those companies that provide complementary or shared services or works in the same business group, in accordance with the second paragraph of Article 13 of the Federal Labor Law.
The registration in the Register referred to in Article 15 of the Federal Labor Law shall be carried out in accordance with the procedure set forth in these provisions.
ARTICLE TWO: For the purposes of these provisions, the following definitions shall apply:
- Notice of registration: document issued by the Ministry of Labor and Social Welfare to contractors that comply with the requirements set forth in these provisions;
- Beneficiary: the individual or legal entity that receives the specialized services or the execution of specialized works from the contractor, provided that they are not part of its corporate purpose or its main economic activity;
- Contractor: the individual or legal entity that has the registration issued by the Ministry of Labor and Social Welfare referred to in Article 15 of the Federal Labor Law and that provides specialized services or executes specialized works with workers under its dependence in favor of one or more beneficiaries;
- Register: Public Register of Contractors of Specialized Services or Specialized Works referred to in Article 15, fifth paragraph, of the Federal Labor Law;
- Platform: the computer platform in charge of the Ministry of Labor and Social Welfare for individuals and legal entities to obtain their registration and registration in the registry;
- Secretariat: the Secretariat of Labor and Social Welfare; and
- Specialized services or works: are those that bring together distinctive elements or factors of the activity performed by the contractor, which are supported, among others, by training, certifications, permits or licenses that regulate the activity, equipment, technology, assets, machinery, level of risk, average salary range and experience, which provide added value to the beneficiary.
ARTICLE THREE. The interpretation for administrative purposes of this Agreement shall be the responsibility of the Secretariat.
ARTICLE FOUR. The administration and operation of the registry of contractors shall be the responsibility of the Secretariat, through the Decent Work Unit and its administrative units.
ARTICLE FIVE. In order to verify compliance with the provisions of this Ordinance, the Secretariat may exchange information and carry out coordinated actions, among others, with the following public entities: Mexican Social Security Institute, National Workers' Housing Fund Institute and the Tax Administration Service, for which purpose such collaboration agreements as may be necessary may be entered into.
ARTICLE SIX. In order to request registration in the Register, there will be a computer platform in charge of the Secretariat through which individuals and legal entities wishing to obtain registration will register. Said platform shall be administered by the Decent Work Unit and shall have the computer support of the General Directorate of Information Technology of said agency.
ARTICLE SEVENTH. The Register referred to in this agreement shall be available for public consultation on an Internet portal of the Secretariat, and shall at all times observe the applicable provisions on transparency, access to information and protection of personal data.
CHAPTER II
REGISTRATION IN THE REGISTRY
ARTICLE EIGHTH. Individuals or legal entities that, in accordance with the provisions of Article 13 of the Federal Labor Law, provide specialized services or perform specialized works and are interested in registering in the Register, must access the platform http://repse.stps.gob.mx where they will apply for registration and will have to comply with the following requirements and requisites:
- Require and provide the following information in the IT platform:
- Electronic signature in force;
- Name, denomination or corporate name in case of being a legal entity; or paternal and maternal surname and name(s) in case of being an individual;
- Trade name;
- State;
- Federal Taxpayers Registry;
- Address: street or avenue, exterior number, interior number, neighborhood or subdivision, zip code, locality, and municipality or city hall;
- Geolocation;
- Telephone(s), cell phone(s) and e-mail(s);
- Number of the company's Articles of Incorporation, identification data of the notary or public broker who issued it, date of its notarization and corporate purpose (in the case of a legal entity);
- Employer registration with the Mexican Social Security Institute;
- Data of the legal representative of the company of specialized services or execution of specialized works, first last name, second last name and first name(s), landline and cellular phone number, valid official identification (voting card, passport or rofessional license), CURP and e-mail (for individuals and legal entities);
- Affiliation with the Instituto del Fondo Nacional para el Consumo de los Trabajadores. (FONACOT)
- Total number of workers at the time of the registration request:
- By gender: # of Women and # of Men
- Specialized economic activity in accordance with the "Catalog of activities for the classification of companies in the labor risk insurance" of the Mexican Social Security Institute contained in the Regulations of the Social Security Law on Matters of Affiliation, Classification of Companies, Collection and Taxation;
- Activity or activities to be registered in the registry, and
- Predominant Economic Activity
- As of the date on which the application for registration is made, they m u s t be current in their tax and social security obligations with the Tax Administration Service, the Mexican Social Security Institute and the National Workers' Housing Fund Institute (Instituto del Fondo Nacional para la Vivienda de los Trabajadores).
- Individuals or legal entities wishing to join the Register and obtain registration must establish precisely the service they wish to provide or the type of work they wish to perform. For each of said activities, they must accredit, under oath, the specialized nature of the same and describe the elements or factors that support this exceptional nature. To prove the specialized nature, information and documentation will be provided, according to the requirements of the plaform, regarding: training, certifications, permits or licenses that regulate the activity, equipment, technology, assets, capital stock, machinery, risk level, average salary range, experience, among others. The specialized services or works to be registered must be contemplated within its corporate purpose.
- Individuals or legal entities that register in the Registry through the electronic platform must enter the following documents in PDF or XML format:
- Valid official identification (Voting card, valid passport or professional ID) of the individual or legal representative of the company (PDF).
- Power of Attorney (PDF).
- Payroll voucher (XML).
- Articles of Incorporation and current corporate purpose (PDF).
- Proof of registration in the Federal Taxpayers Registry (PDF).
- Employer Registration(s) with the Mexican Social Security Institute (PDF).
- Proof of Address (Electricity, property tax, telephone) (PF).
The documents must be uploaded in the established format and must be completely legible, otherwise they will not be taken into account at the time of their evaluation.
The Secretariat may require additional information or documentation in order to comply with the provisions of this instrument.
CHAPTER III
OF THE PROCEDURE FOR REGISTRATION
ARTICLE NINTH: Once the information and documentation indicated in Article Eight of this Agreement has been completed and uploaded, the Platform shall assign a folio number with which the applicant may follow up on the registration. In case the information is uploaded on a non-business day and time, the folio number will be generated with the date of the next business day.
ARTICLE TEN. The Secretariat, through the Platform, shall issue a decision regarding the application for registration within 20 business days following receipt thereof through the Platform. If it fails to do so, the applicants may request the Secretariat to issue the corresponding registration notice within three business days following the filing of the request. Once said term has elapsed without the notice of registration having been issued, the registration will be deemed to have been effected for all legal purposes. The term to resolve the request for registration, provided for in Article 15 of the Federal Labor Law, will begin to run from the receipt of the request, for which an entry folio will be generated.
ARTICLE ELEVENTH. The Secretariat through the Decent Work Unit and its Administrative Units may at any time request additional information or documentation from the applicant or any government entity to corroborate and validate the information and documentation provided.
ARTICLE TWELFTH. Once the analysis of the documentation and the specialized nature, as well as the fulfillment of all the requirements and requisites contemplated in this Agreement, the Secretariat, through the Decent Work Unit by means of the General Directorate of Federal Labor Inspection, will proceed with the registration in the Registry, issuing for such purpose, the corresponding notice of registration, which will be made known to the applicant through the previously established means of communication.
The registration notice will include the registration number, a folio number for each registered specialized service or work, the name of the service or specialized work and the name of the individual or legal entity that owns it.
ARTICLE THIRTEEN. The registration shall be valid for three years and shall be essential for the contractor to be able to render its services in accordance with the applicable legal provisions.
CHAPTER IV
REFUSAL, CANCELLATION AND RENEWAL OF REGISTRATION
ARTICLE FOURTEENTH. The Secretariat, through the Decent Work Unit, by means of the General Directorate of Federal Labor Inspection, may deny the registration when any of the following assumptions are present:
- Failure to accredit the specialized nature;
- Not being up to date with tax and social security obligations with the Tax Administration Service, the Mexican Social Security Institute and the National Workers' Housing Fund Institute (Instituto del Fondo Nacional para la Vivienda de los Trabajadores).
- Failure to comply with the requirements and requirements established in this agreement;
- Providing false information or apocryphal documents, without prejudice to any legal actionsthat may be applicable, or that the documentation uploaded to the platform has not been in the established format or is illegible.
- Refusing to comply with requests for information or supplementary documentation requested by the Secretariat.
- It is detected that the data entered in the platform is different or inaccurate with respect to the data and information contained in the documents entered.
ARTICLE FIFTEENTH. The Secretariat, through the Decent Work Unit, through the General Directorate of Federal Labor Inspection, may cancel the registration at any time when any of these circumstances arise:
- Providing services or specialized works not registered in the Register;
- Provide services or specialized works that are part of the corporate purpose or main economic activity of the beneficiary;
- There are outstanding debts due to non-compliance with tax and social security obligations with the Tax Administration Service, the Mexican Social Security Institute and the National Workers' Housing Fund Institute;
- Failure to comply with the requirements or requirements that served as the basis for granting the registration;
- For non-compliance with the provisions of the Federal Labor Law regarding subcontracting;
- Refusing to comply with any request for information or documentation required by the Secretariat;
- Failure to renew within the established term the renewal referred to in the second paragraph of Article 15 of the Federal Labor Law.
For the purposes of this article, once the Secretariat notices the possible non-compliance, it will notify the individual or legal entity so that within a period of five business days it may state what it deems appropriate, and if applicable, it will decide what is appropriate.
ARTICLE SIXTEEN. The individual or legal entity that is registered in the Registry must renew its registration every three years through the computer platform. This procedure must be initiated within a period of three months prior to the date on which the term of their registration expires.
CHAPTER V
FINAL PROVISIONS
ARTICLE SEVENTEENTH. Individuals or legal entities that obtain the registration shall be obliged to fully identify their workers by means of the image, name, badge or identity code that links such workers with the company that provides the specialized service or executes the specialized work during the performance of their work in the facilities of the company that contracts the services.
ARTICLE EIGHTEENTH. The contracts that the contracting companies enter into with companies that provide specialized services or perform specialized works shall contain the registration and folio of the specialized activity or work in force of such companies.
ARTICLE NINETEENTH. Through the Platform, the registration and its validity of the companies that provide specialized services or perform specialized works may be verified at any time.
TRANSITORY
This Agreement shall enter into force on the day following its publication in the Official Gazette of the Federation.
Given in Mexico City, on May eighteenth, two thousand twenty-one, the Secretary of Labor and Social Welfare, Luisa María Alcalde Luján, Rubric.