Modification to provisions for the REPSE.

AMENDMENT TO PROVISIONS FOR THE REGISTRATION OF PERSONNEL PROVIDING SPECIALIZED SERVICES (REPSE).

On February 03, 2022, the “AGREEMENT modifying the diverse by which the General Provisions for the registration of natural or legal persons who provide specialized services or carry out specialized works referred to in Article 15 of the Federal Labor Law” was published in the Official Gazette of the Federation.”

In said agreement, (1) various provisions related to the refusal, cancellation, renewal and modification of registration were modified and added, (2) as well as the verification of compliance in the provision of specialized services.

Regarding the second point, the most relevant changes focus on the obligation imposed on Labor Inspectors to verify, at least:

A) Of companies registered as providers of specialized services or works:

That the information provided on the REPSE platform matches the actual conditions of the workplace.
That the activities provided as specialized services do not form part of the beneficiary company’s corporate purpose and/or predominant economic activity.
That they have contracts for the provision of specialized services or works.
That, in the workplace, compliance with working conditions related to the registration of workers with the Mexican Social Security Institute and payment of salaries in accordance with the Federal Labor Law is met.

B) Of the beneficiary companies of specialized services or works:

That workers who are performing specialized services at the beneficiary company’s workplace do not engage in activities that form part of its corporate purpose and/or predominant economic activity.
That the workers of the contractor are properly identified through an image, name, badge or identity code that links said workers to the company providing the specialized service.
That they have contracts for the provision of specialized activities.

In view of the above, our recommendation is to verify that, if you provide or receive specialized services, all the provisions contained in the agreement of May 24, 2021, as well as those contained in the agreement referred to in this communication, are complied with.

We hope that this information is useful to you and we remain at your disposal for any questions or comments you may have regarding this matter.

Sincerely,

ILC Integral Labor Consulting, S.C.