Article 15 of the Federal Labor Law establishes that individuals or legal entities that provide specialized services or carry out specialized works must have a registry with the Ministry of Labor and Social Security.
Who has the obligation to register in the census?
Individuals or legal entities that provide specialized services or carry out specialized works, and who wish to provide said specialized services to a third party (contractor), and for this they must make their own workers available to the third party (contractor).
Demonstrate the specialized nature of both the natural or legal person who wishes to register, as well as the activity or activities that can be registered in the REPSE. Be up to date with your tax and social security obligations before the SAT, the IMSS and the INFONAVIT. All the requirements for registration are published in the Agreement that discloses the general provisions for the registration of individuals or legal entities that provide specialized services or carry out specialized works referred to in article 15 of the Law. Federal Labor Office and on the website
Aspect to considerer:
  • 1. Providing or making available its own workers for the benefit of a third party, is configured when one or more workers carry out specialized services in a space or work center (owned, or under the administration or responsibility of the contracting party) other than the one with whom they have a labor relationship (contractor), for which the contractor must have the REPSE and this must be reflected in the legal instrument signed between the contracting party and the contractor.
  • 2. In the cases in which the workers of a company carry out work in the facilities of another, it will be considered that personnel is provided or made available, when the workers of the first perform their work in the facilities of the second permanently, indefinite or periodic; Therefore, in this case, the company that provides or makes the workers available must be registered with the REPSE and accredit the specialized nature of the work that its workers carry out in the facilities of the other, as long as do not have the same corporate purpose or predominant economic activity.
  • 3. They are indications that workers are provided or made available to all those tasks that are carried out in the facilities of a company, establishment or work center by personnel who are not their workers; Therefore, in the development of a labor inspection, the nature of the services that these workers provide in the third party's facilities must be accredited and that the tasks they perform do not correspond to the corporate purpose or to the preponderant economic activity of the latter; in the case of making workers available, the employer must have the REPSE , without losing sight of the fact that there should not be any simulation scheme to the detriment of workers.
  • 4. To determine if workers are provided or made available, with respect to contracts entered into with state companies, and which by their nature must be governed by special provisions, in energy matters or those activities considered strategic by the Political Constitution of the United Mexican States; on safety matter; or in terms of roads or highways and bridges; the special provisions will be taken into consideration, as applicable to the specific case.
  • 5. In the case of natural or legal persons who make personnel available based on a contract linked to advertising, marketing, product or brand dissemination, they must limit their activity to the purpose of the contract, without being able to carry out activities of the contracting party, otherwise the case of subcontracting prohibited by Law would be updated.
  • 6. The activities aimed at providing or making personnel available are all those in which the elements that constitute a labor relationship between the contractor's personnel and the contracting party (SUBORDINATION) are not updated.
  • 7. Those natural or moral persons linked to advertising, marketing, dissemination of products or brands, must have the REPSE and deliver it to those, in favor of which personal is provided or made available (brands, stores or sales channels). physical).
  • 8. Individuals or legal entities that carry out promotion or advertising activities of their own brand through them, and whose staff make themselves available in a work center other than their own, must have the REPSE. Said personnel must not carry out activities that are part of the corporate purpose or predominant activity of the workplace where they carry out their activities.
  • 9. In those cases in which there is the acquisition of goods, regardless of the origin of the contractual legal relationship, and in which the contractor is obliged to deliver them to the workplace, establishment or branch of the contracting party, it will not be considered that the elements are updated to have the REPSE.
  • 10. In those cases in which there is a provision of services regardless of the origin of the contractual legal relationship, where there is the provision of workers, the REPSE must be available.
  • 11. In the event that no personal, natural or moral person is provided or made available to another, within the aforementioned parameters, it will not be necessary to have the REPSE.
What do I do if my registration was rejected? Let us help you, we take care of reviewing and managing your registration until it is accepted.

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