The Resolution through which the provisions of a general nature for the registration of individuals and entities that provide specialised services or execute specialised works referred to in Article 15 of the Federal Labour Law are made known, was published in the Official Gazette of the Federation on 24 May of this year.
This Resolution is issued in compliance with Transitory Article Two of the Decree published on 23 April 2021 in the Official Gazette of the Federation, that established a 30 calendar days term for the Department of Labour and Social Welfare to issue the general provisions of the procedures, in relation to the registration of individuals or entities that provide specialised services or execute specialised works.
In the preamble, it is emphasised that people who wish to be included in the registry must establish precisely the service that they wish to provide or the type of work that they wish to execute and that, for each one of said activities, they must accredit, under penalty of perjury, the specialised nature of said services and works and describe the elements or factors that support this specialised nature; to this end, information and documentation must be provided in regard to: training, certifications, permits or licenses that regulate the activity, equipment, technology, assets, machinery, level of risk, salary range, experience, among others.
It is important to note that the individuals or entities that must register are the suppliers of the specialised services or works, not the beneficiaries of these services, as explained in Article One of the Resolution and in the requirements that are set for obtaining registration.
“ARTICLE ONE. – This Resolution has the objective of establishing the provisions of a general nature for the registration of individuals or entities that execute specialised services and that, to this end, provide or make their own workers available for the benefit of another in order to execute the services or complete the specialised works under the terms referred to in Articles 13 and 15 of the Federal Labour Law.
Registration will also be mandatory for those companies that provide shared services or works within a single business group, in accordance with the second paragraph of Article 13 of the Federal Labour Law.
Registration in this Registry as set forth in Article 15 of the Federal Labour Law will be carried out in accordance with the procedure that is established in these provisions.”
Article Two includes a series of definitions, of which it is relevant to bring attention to Section VII, which defines specialised services or works:
“ARTICLE TWO. – For the purposes of these provisions, it will be understood by:
VII. Specialised services or works: are those that include distinctive elements or factors of the activity that the contractor performs, which are supported, among other things, by training, certifications, permits or licenses that regulate the activity, equipment, technology, assets, machinery, level of risk, average salary range and experience, which provide an added value to the beneficiary.”
Article Eight is very extensive and it establishes all of the requirements and information that must be provided to the Department of Labour and Social Welfare in order to obtain registration.
We mention a few of them here:
- Name or corporate name of the applicant.
- Federal Taxpayer Registry identification number.
- Employer registration in the IMSS.
- Articles of Incorporation.
- Affiliation with the INFONAVIT [National Workers’ Housing Fund Institute]
- Total number of workers at the time of application, specifying men and women.
- Activity or activities that it wishes to register in the registry.
- Main Economic Activity.
- Among others.
Article Ten establishes that the term to make a decision in regard to the application will be of 20 working days after the application is submitted. In the event that no decision is issued, applicants may appeal to the Department of Labour and Social Welfare requesting the issuance of the registration within the following 3 working days. Once this period of time has elapsed without the notice of registration having been issued, registration will be deemed as having been completed for all applicable legal effects.
Article Twelve specifies that the registration notice will include the registration number, a folio number for each service or work of a specialised nature and the name on the individual or entity that is the holder thereof.
Article Fourteen includes the causes for the denial of registration which are, among others:
- Not accrediting the specialised nature.
- Not being up to date with tax obligations.
- Providing false information.
Article Fifteen establishes the causes for cancellation of the registration; we mention a few of them here:
- Providing specialised services or works not registered in the Registry.
- Providing specialised services or works that are part of the corporate purpose or of the main economic activity of the beneficiary.
- The existence of delinquent tax and social security obligations.
Article Sixteen provides that the individual or entity that is registered in the Registry must process the renewal of the registration through the computer platform every 3 years.
Another important element to be aware of is the provision of Article Seventeen that requires that all individuals or entities that obtain registration will have the obligation to fully identify their workers through the image, identification tag or identity code that links said workers to the company that provides the specialised service while their work in the facilities of the company that hires the services.
As required in Article Eighteen, the contracts entered into by companies contracting services with companies providing specialised services or executing specialised works must include the registration and the folio number of the valid specialised activity or works of these companies.
The Resolution will enter into force on the following day after its publication in the Official Gazette of the Federation.
This note only includes an informative summary of the aspects of the Resolution that we consider to be most relevant, but is not an exhaustive analysis thereof.