On February 3, 2023, the "Agreement that modifies the diverse one by which the General Provisions for the registration of natural or legal persons that provide specialized services or execute specialized works" was published in the Official Gazette of the Federation. referred to in article 15 of the Federal Labor Law.” from which the following changes are observed:
· The interested party to register must provide the payroll voucher in PDF (not in XML) on the computer platform, indicating that the last SUA issued by the IMSS must be attached in that format.
· The Ministry of Labor and Social Welfare, through the Decent Work Unit and its Administrative Units, may request additional information or documentation from the beneficiaries of specialized services or works to corroborate and validate that provided by the registrant.
· Federal labor inspectors may request information and documentation proving compliance with the general working conditions related to articles 12, 13, 14 and 15 of the Federal Labor Law, for which they will verify at least that:
a) the information provided on the REPSE platform matches the actual conditions of the workplace
b) the activities that are provided as specialized services or execution of specialized works are not part of the corporate purpose or the predominant economic activity of the beneficiary
c) the contracts for the provision of services or specialized works are in accordance with the provisions of numeral 14 of the LFT and the eighteenth of the Provisions
d) in the workplace, the working conditions related to the registration of workers with the IMSS are met and that the salary is paid in accordance with the provisions of the LFT and other applicable regulatory provisions, and
e) the employees who carry out the specialized services or works are duly identified, in accordance with article seventeen of the Provisions
· In the event of identifying breaches of labor regulations regarding subcontracting, the initiation of the corresponding administrative procedure will have to be requested, and when applicable, the cancellation procedure.
· Two assumptions are added to deny the REPSE, these being:
a) Due to non-compliance with the LFT regarding subcontracting; and
b) That the subordinates are not registered with the IMSS, or there are related irregularities
with the salary or the contract for the provision of the specialized service.
· In matters of cancellation of the registration, this will proceed when it is detected that the data or documents provided during the completion of the visits are different or imprecise with respect to those entered on the platform; the applicant provides false information or apocryphal documents during the visits, without prejudice to the legal actions that may take place; there are breaches of the LFT in terms of subcontracting, and there are employees who are not registered with the IMSS, there are irregularities related to the salary or the contract for the provision of the specialized service.
We inform you that this information provides general information based on the current laws and regulations, and in case of an individual report, be sure to receive advice from an expert before handling it.
Reproduction, partial or full distribution without the approval of Dowoo Accounting S de RL de CV is prohibited.
Comentários