NEW REGISTRY FOR 3RD PARTY
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
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
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
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
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.