NEW REGISTRY FOR 3^RD PARTY SERVICES

On April 23, 2021 a reform to the Federal Labor Law was published in the DOF that basically eliminated outsourcing services. Companies that were using outsourcing services to supply them with workers have 90 days from the publication of the reform to convert all outsourced workers to their own employees. Companies can no longer use outsourced workers that carry out work or tasks that are the main activity of the company. Those formerly outsourced workers become employees of the contracting company who must respect their seniority.

Only outsourced workers that perform special services or special works that are not part of the principal activity of the company can be contracted. For example: if your company manufactures furniture, all the activities related to the manufacture of furniture must be performed by your own employees and it is prohibited to use workers to manufacture furniture. If you contract services to provide food service, security services, etc., that work at your site, their employer must register with the STPS as providers of special services.

The reform also mentions that the STPS will set up this registry. Today the “AGREEMENT by which are made known the general provisions for the registration of individuals or companies that provide specialized services or carry out specialized works,” was published in the DOF with the instructions for registering in this new Registry.

REPSE = Registro de prestadoras de servicios especializados u obras especializadas  - Registry for providers of specialized services or specialized works

1. Who has the obligation to register in the Registry?

Individuals or companies that provide specialized services or carry out specialized works and who wish to provide to a third party (contracting party) with said services or specialized works and they make their own workers available to the contracting party.

2. Once the Registration is obtained, what should be done with it?

The registration number and the code of the activities of the corporate purpose registered in the Registry and that correspond to the specific subcontracted activity must be included in each contract.

3. If I am a provider of specialized services or specialized works and when providing my services to a third party, I do NOT make workers available to the contracting party, do I have to register?

No, the registration is exclusively for those who place workers at the disposal of a third party to carry out the services and specialized works contracted.

4. In commercial contracts between companies where merchandise is bought and sold, must sellers of merchandise or its manufacturers register?

No, only in the provision of services or works where workers are placed at the service of the third party for the performance of specialized services or works.

5. For what reasons can the registration be denied?

Someone who is not current  with their tax and social security obligations, or because the documents uploaded to the platform are not legible, or because the activities for which registration is requested do not correspond to those established in the corporate purpose of the individual or company or because the information provided on the platform is not truthful.

6. If I am denied registration, can I reapply?

Yes, you will have to resolve the inconsistency, anomaly or irregularity detected and try again once solved.

7. Do I have to renew the registration?  

Yes, every individual or company that is registered in the Registry must process the renewal of their registration through the platform every three years.

8. Once the registration is obtained, can it be canceled?

Yes, the registration may be canceled at any time, for various reasons: for providing services that are not registered or when they are part of the corporate purpose or preponderant activity of the contractor, the existence of tax debts from tax obligations or social security payments, the failure to comply with the registration requirements, for violating the Federal Labor Law on subcontracting, or for refusing to meet any requirement of the STPS or the failure to renew the registration in time.