The outsourcing reform, which prohibited outsourcing based on the supply of personnel, was at the center of labor policy this year, with a large-scale impact on companies and the management of their personnel, an issue that, along with careers, better paid in Mexico, labor rights in the face of the pandemic and the distribution of profits set a trend in the most read news of Human Capital in El Economista in 2021.
1. The 15 legal changes included in the outsourcing reform
The outsourcing reform modified eight labor and tax laws in Mexico and entered into force in a phased manner as of April 24. The Ministry of Labor and Social Welfare (STPS) estimates that 2.9 million people worked under an irregular subcontracting scheme in the country. The project contemplated changes that range from the prohibition of the provision of personnel and new sanctions for these activities to adjustments in the formula for the distribution of profits.
2. Profit sharing 2021: Everything you need to know
The changes to the outsourcing reform included a new criterion for calculating employee profit sharing (PTU), popularly known as profit sharing. Although the percentage of profits to be distributed remains the same, the amount that will be delivered to each worker may not exceed three months’ salary or, it will have to equal the average of the distribution of profits received in the last three years, as that best suits the employee. This adjustment will start operating in 2022.
3. The best and worst paid professional careers in Mexico in 2021
Medicine, Finance and Civil Engineering were positioned as the highest paid careers in the year, according to the “Career Comparator” prepared by the Mexican Institute for Competitiveness (IMCO). A relevant change reported for 2021 is that technical training began to promote better conditions and wages for people who do not have access to higher education.
4. If there are workers involved, registration with the Repse is mandatory: STPS
On September 1, the Registry of Specialized Services or Specialized Works Providers (Repse) became mandatory, a public registry of outsourcing companies contemplated in the reform approved by Congress. Faced with doubts about which companies are obliged to register on the platform, the STPS explained that “in those cases where there is a provision of services regardless of the origin of the contractual legal relationship, where there is provision for workers, count on the Repse ”.
5. New obligations for outsourcing companies: The small print of the Repse
From differentiated badges to tests of the certification of specialized services, the rules of the Repse that controls the STPS contemplate a series of requirements so that subcontracting companies can register and operate under the new conditions. Offering and contracting a specialized activity without having to register for said registry could cause serious problems. The reform established the highest penalty in the history of labor legislation for those who operate without complying with the new rules, with fines of up to 4 million 481,000 pesos.
6. Do you have questions about registering outsourcing companies? Here 8 clarifications of the STPS
Along with the publication of the rules for the operation of Repse, the STPS released a list of answers to frequently asked questions from companies about registering to the platform. The agency detailed that the objective of the register is “to have a current, statistical and control collection, which allows to identify, register, regulate and supervise the natural or legal persons who provide specialized services or execute specialized works” under the new rules of the outsourcing.
7. Mercantile and commercial services are exempt from the outsourcing standard: STPS
Alejandro Salafranca, head of the STPS Worthy Work Unit, clarified that the provision of services through a commercial agreement or independent professional services, such as accounting, legal or advertising agency services, to name a few cases, should not be registered in the Rep. “If the relationship they have with their contractors is purely commercial and there are no workers from these offices at the disposal of the ultimate client, it would not apply to them,” he stated.
8. STPS clears doubts about the outsourcing reform and reiterates criteria for the Repse
Alejandro Salafranca, head of the STPS Dignified Work Unit, participated in a LinkedIn Live of El Economista to answer questions from our readers about the application of the subcontracting reform. What activities should be registered in the Repse? What is outsourcing under the new figure? Will there be surprise inspections? These were some frequent doubts that the official clarified.
9. Can they fire you for not getting vaccinated or for being absent to go and get vaccinated?
In 2021 the vaccination campaign against Covid-19 began and with it the doubts of working people about their labor rights in the matter. The STPS and the specialists consulted explained that if someone decides to get vaccinated and the corresponding shift is on a working day, the company must allow them to be absent for that purpose without repercussions. In case someone decides not to get vaccinated, they cannot be fired because it is a personal right.
10. How many days of work is the price of the new iPhone equivalent in Mexico?
In mid-September, Apple introduced the iPhone 13 in its different versions. Depending on the model, prices range from 17,999 to 41,999 pesos. According to an analysis carried out by Picodi, Mexican professionals would need to allocate the equivalent of 49.3 days of work to cover the price of the iPhone 13 Pro, one of the highest levels in the international comparison, which better positions the income of workers from Switzerland, the United States, and Australia, and puts people from Turkey, the Philippines, Brazil, India, and Mexico at the end.
Reference-www.eleconomista.com.mx