On February 21, 2024, the Ministry of Labor and Social Welfare (“STPS”) published in the Federal Official Gazette the Resolution amending the General Provisions for the registration of natural or legal persons who provide specialized services or execute specialized works referred to in article 15 of the Federal Labor Law (the “Resolution”).
As you may recall, according to article 15 of the Federal Labor Law, natural or legal persons that provide subcontracting services must be registered before the REPSE (Registry of Providers of Specialized Services or Specialized Works), which must be renewed every three years. Considering that most people obtained their REPSE in 2021, those who continue to provide specialized services or works are obligated to renew it this year.
To this end, several amendments and clarifications were made to the Resolution, highlighting the following:
• The renewal process for natural and legal persons registered before the REPSE is included and defined.
• For the renewal, as for the registration request, the interested party must be up to date with their tax and social security obligations before the SAT, IMSS and INFONAVIT; otherwise, the procedure cannot be carried out.
• The information and documentation required by the platform must be provided again, and the services to be provided or type of work to be executed must be precisely established, which must be contemplated within its current corporate purpose or proof of tax situation for natural persons.
• The STPS must rule on the renewal request within 20 working days of receipt, as in the registration request process. If it does not issue a ruling, the petitioner may request the STPS to issue the corresponding renewal within the following 3 business days. If no notice is issued, the renewal will be deemed to have taken place.
• The 3 years of validity of the registration notices will be counted from the date on which they have been registered before REPSE, regardless of whether any modification or update was made subsequently.
Renewal Procedure:
• For the renewal of the registration, the platform (http://repse.stps.gob.mx) will enable a specific module, which will be called “Registration Renewal”.
• This module can only be entered during the period assigned by the STPS, in accordance with the duration of each registration notice.
• In this regard, the following calendar is established to renew in 2024 those registrations that were obtained in 2021:
Year of Registration | Month in which the registration was granted | Month in which the registration must be renew |
| 2021 | June | From March to May 2024 |
July | From April to June 2024 | |
August | From May to June 2024 | |
September | From June to Agust 2024 | |
| October | From July to September 2024 | |
| November | From August to October 2024 | |
| December | From September to November 2024 |
• The Resolution also establishes the timetable for renewing those registrations that were obtained in the years 2022 and 2023.
• If the renewal process is not carried out during the established dates, the registration will be cancelled, since the platform itself will automatically disable the renewal module.
For all of the above, it is very important to verify the term of the registration notices, for both the providers of specialized services or works and the beneficiaries thereof. Likewise, both parties must ensure they are always in compliance with all the provisions regarding labor subcontracting.
Currently, the STPS is carrying out a significant number of inspections to validate that the providers and beneficiaries are complying with the rules established in terms of labor subcontracting, in which we have observed that the STPS often requests new requirements in this regard.
For more information, we share the link to the publication in the Federal Official Gazette, here.
We are at your disposal to answer any questions you may have.
If you need additional information, please contact:
Rodolfo Trampe, Partner:+52 (55) 5258-1054 | rtrampe@vwys.com.mx
Rafael Vallejo, Partner:+52 (55) 5258-1036 | rvallejo@vwys.com.mx
Adrián Castillo, Counsel:+52 (55) 5258 1036 | adcastillo@vwys.com.mx
Alejandra Arizpe, Associate:+52 (55) 5258 1014 | aarizpe@vwys.com.mx
Sarah Gibert, Associate:+52 (55) 5258 1036 | sgibert@vwys.com.mx
Alejandro Pérez, Associate:+52 (55) 5258 1054 | alperez@vwys.com.mx
Ana Ruiz, Associate:+52 (55) 5258 1036 | aruiz@vwys.com.mx
Ricardo Rosas, Associate:+52 (55) 5258 1054 | rrosasg@vwys.com.mx