What is outsourcing in Mexico? What is the legal status of this contracting model? These are surely questions you have asked yourself —as a result of the recent reform it underwent— due to which its implementation changed. Here we explain it to you in short steps.
First, let's talk about when the figure of outsourcing entered the Mexican market: 2012. The federal administration of that period presented a reform that, after its approval, allowed subcontracting and the conditions as they have existed until now.
But recently, the current government (2018-2023) presented a reform that, upon being approved by the Chamber of Deputies in April 2021, and published in the Official Gazette estonia phone data of the Federation, acquired greater relevance.
Boost your brand by creating your own online store.
Outsourcing reform in 2021
The 2021 reform prohibits outsourcing to cover the needs of the predominant economic activity of the contracting companies. Therefore, it has not disappeared completely, but rather it has been regulated more severely.
Now, outsourcing in Mexico is only valid for contracting specialized services, which are not part of the corporate purpose or the main economic activities of the organization that is benefiting from that work or labor.
What articles and regulations did this reform modify? This decree reformed, added to and repealed various provisions of the Federal Labor Law ; the Social Security Law ; the Law of the National Workers' Housing Fund Institute ; the Federal Tax Code; the Income Tax Law ; the Value Added Tax Law ; the Federal Law of Workers in the Service of the State , Regulatory of Section B) of Article 123 of the Constitution; and the Regulatory Law of Section XIII Bis of Section B, of Article 123 of the Political Constitution of the United Mexican States , regarding Labor Subcontracting.
This means that companies can continue to outsource, but only to cover their needs for specialized services, such as those listed above, not for the bulk of their workforce or key positions in the main economic production.
Another of the most relevant regulations of this reform is that it requires companies that serve as contractors to be registered in a public registry, a registration that must be renewed every three years.