Specialized Services or Works: Amendments to the general provisions for REPSE registration

On February 3, 2023, the Ministry of Labor and Social Welfare (STPS) published in the DOF an agreement establishing several amendments and additions to the general provisions for the registration of individuals or legal entities that provide and/or perform specialized services or works (REPSE) that had been published on May 24, 2021 , in order to achieve greater efficiency in the development of the actions of surveillance and promotion of compliance with the labor regulations governing the subcontracting of specialized services or works.

Provisions for REPSE registration

The rules or provisions in question will become effective as of the day following their publication (as of February 7, 2023) and, in summary, are as follows:

• The application for registration in the REPSE must be accompanied by the last payroll voucher and the last voucher of the Single Determination System (SUA) issued by the Mexican Social Security Institute (IMSS).
• The cancellation of the registration may be requested at any time, when convenient and provided that the need to cancel it is justified; likewise, activities may be modified, updated and added, which must coincide with the corporate purpose and/or proof of tax status.
• The STPS will act through the Decent Work Unit and its Administrative Units, and the General Directorate of Federal Labor Inspection, to request information and documentation to verify the data provided by applicants, beneficiaries and government entities, as appropriate; as well as to monitor and promote compliance with labor legislation on subcontracting.
• Surveillance actions include verifying that the information in the registry coincides with the actual conditions of the work center, with the activities provided as services or specialized works, as well as with the respective contracts, in addition to reviewing compliance with the working conditions related to the registration of workers with the IMSS.
• On the other hand, the beneficiary companies of the services or specialized works will be checked to ensure that they have the respective contracts, that the subcontracted workers do not perform activities of the corporate purpose of the beneficiary and that they are duly identified by means of the image, name, badge or identity code that links such workers with the company that provides the specialized service or specialized work during the performance of their work at the facilities of the beneficiary company or the company that contracts the services.
• The surveillance actions and their results must be recorded, and in the event of detecting non-compliance with the applicable subcontracting regulations, the corresponding administrative procedure may be requested and initiated and, if applicable, the procedure for cancellation of the registration, which will proceed when the workers involved are not registered with the IMSS, when there are irregularities related to the salary of the workers and/or the contract for the provision of the specialized service or work and when there are discrepancies in the information in the registration and that verified during an inspection.
• The procedure will begin with the notification of the detected non-compliance, granting 5 business days to revoke it.

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